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September 24, 2016

OPINION LEAD
Updated: September 24, 2016 03:40 IST

Pushback against civil liberties

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SATISH DESHPANDE
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The sense of impunity that drives discrimination against Dalits is at

the heart of recent demands for the dilution, or even repeal, of the Act
for prevention of atrocities against SCs and STs

It is the sense of impunity nurtured by caste hierarchy that prepares the social
ground for the shockingly cruel and inhumane crimes against Dalits called
atrocities. It is this impunity that the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act (henceforth PoAA) criminalises. And it is the desire to defend the
same impunity that motivates recent demands for the dilution or even repeal of the PoAA. To examine
the validity of these claims, we must first understand the very different relationships that caste has
with the Constitution, society, and state.
dalits

Caste and the Constitution

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The Constitution is a portrait of the nation as it would like to be rather than as it actually is. Therefore,
it is obliged to regard aspirations as achievements, uncertain journeys as assured arrivals. Beginning
with the Preamble, where it presumes that we, the people are indeed a unified and homogenous
collectivity, the Constitution proceeds to treat hoped-for outcomes as though they were established
facts. This is not a defect the Constitution is required to reflect the republic in the best possible light,
and is at its most majestic when doing so. However, this also means that the Constitution is unable to
directly confront obstinate realities like caste that flout its fundamental tenets, because acknowledging
caste amounts to confessing that the republic is more desire than reality.

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So, when the Constitution is forced to deal with caste, it does so with an averted face, allowing it only an
inferential, shadow-like presence. But it also manages to be obliquely eloquent about what it cannot
face. For example, caste makes its first entry in Article 15 rather anonymously, as one among many
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sources of discrimination. But this is compensated by Sections 2(a) and 2(b) which prohibit
discriminatory restriction of access to (respectively) shops, public restaurants, hotels and places of
public entertainment and wells, tanks, bathing ghats, roads and places of public resort. Why is it
necessary to explicitly prohibit discrimination in access to both modern and traditional facilities
already declared to be for the public? Or take Article 17, which abruptly announces that
Untouchability is abolished and its practice in any form is forbidden. What does this capitalised
word stand for and why must it be quarantined in quotes? The answer, of course, is caste, which is an
absent presence in the Constitution, addressed only as an exceptional or special circumstance.

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Discrimination as dominance
The PoAA, 1989, and its older sibling, the Protection of Civil Rights Act, 1955, are special laws
located at the strategic sites where the Constitutions default setting of caste-blind formal equality must
be changed to address the reality of substantive inequality. All citizens are not equally at risk of being
subjected to the acts specified in the sub-sections of Section 3(1) of the PoAA, such as being forced to
drink or eat any inedible or obnoxious substance (i); have excreta, waste matter, carcasses or any
other obnoxious substance dumped in their premises or neighbourhood (ii); or being paraded naked
or with painted face or body (iii), and so on. If there exist specific groups of citizens who have
repeatedly suffered such gross violations of the fundamental right to dignity, then surely the republic
owes them the protection of special laws like the PoAA.
But why do such groups exist in the first place? They exist because of the social relations promoted by
caste. The atrocities that invite interventions such as the PoAA are made possible by caste societys
ability to sustain specific types of relationships, or mutually oriented attitudes and conditions. On the
one hand, Dalit castes are forcibly invested with an enduring social vulnerability vis--vis castes higher
up in the hierarchy, especially those dominant within a region. On the other hand, dominant castes are
allowed to acquire, and to eventually take for granted, a socially sanctioned sense of impunity with
respect to Dalit castes. When the dominant caste feels it has little prospect of economic and social
mobility, its self-esteem and identity become increasingly dependent on the unequal relationships it
maintains with subordinated castes. In such situations, the Dalit-dominant caste relationship turns into
a zero-sum game where any real or imagined improvement in the lives of Dalits is seen as a reduction in
the social distance separating the two groups, thereby implying a decline in the status of the dominant
castes.
The caste-state relationship

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The state is simultaneously the child of law and society as well as the mediating link between the two.
Because of its idealistic orientation, the Constitution mother of all laws is external to society and
has a largely exhortatory relationship to it. The state depends on the Constitution for its legitimacy,
but the Constitution also depends on the state for the actualisation of its ideals. Since it is regulated by
politics which in turn is rooted in society, and since its personnel are themselves members of society
who embody the prevalent social prejudices, the state is strongly influenced by society. But because it
is institutionally bound to obey the Constitution, the state cannot always be guided by the dominant
social prejudices of the day; rather, it must at least occasionally rise above these prejudices to perform
its constitutional duty. In sum, the caste-state relationship is necessarily ambiguous because the state
is itself a differentiated and plural (rather than homogenous or monolithic) entity, capable of acting in a
wide variety of ways with respect to caste.
Returning now to the demands for restraining or removing the PoAA, we can begin to decipher what is
happening. Both in Tamil Nadu and Maharashtra, the two States where it has been voiced, the demand
is coming from political parties representing regionally dominant castes. Both States have seen the
emergence (or re-emergence) of Dalit assertion following some upward mobility. This has enraged the
dominant castes, leading them to argue that the PoAA is being misused. The misuse argument is so
popular that it can be called a syndrome, or a characteristic combination of opinions, emotions or
behaviour. It has been used against every special scheme or law intended to empower vulnerable
groups, including reservations, laws against dowry, sexual harassment and rape, and even the
Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). In each case, it
is alleged that the genuinely deserving never benefit and that the vast majority of cases are fake.

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Since any law can be misused, it is not the potential for misuse but its actual occurrence and
frequency that matter, and this needs to be established through credible evidence. No such evidencebased claims have been made as yet. On the contrary, reports from activist groups show that it is hard
for ordinary Dalits to get cases registered, and extremely difficult to get them placed under the PoAA.
But to be fair, the misuse argument is not always meant to be taken literally; it also acts as proxy for the
more general perception that Dalits are no longer underdogs and may be turning into predators. This
impression is confirmed when we recall that the Pattali Makkal Katchi leader, Dr. S. Ramadoss,
reinforced his demand for dilution of the PoAA with the allegation that Dalit boys were luring
non-Dalit girls by wearing jeans, T-shirts and fancy sunglasses (The Hindu, December 3, 2012). In
Maharashtra, recent calls for reviewing the PoAA issued by the Shiv Sena and the Nationalist Congress
Party have intensified after the rape-murder of July 13 in Kopardi (Ahmednagar district) in which the
victim is dominant caste and the accused are Dalits.

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While there is no reason to doubt that Dalits, like any other caste group, could become efficient
oppressors if given the chance, the obvious question is if they are in fact getting the chance. Going by

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the nationwide evidence on the frequency of atrocities on Dalits, the shoe still seems to be firmly on the
other foot. Ahmednagar district alone has witnessed three atrocities on Dalits in the past three years
(Sonai, Kharda and Javkheda). Meanwhile, as the first anniversary of the Dadri lynching approaches,
let us also spare a thought for vulnerable groups who do not have, and will probably never have, the
constitutional protection of special laws.
Data | Crimes against Dalits rising in UP, Rajasthan

Satish Deshpande teaches sociology at Delhi University.

Keywords: Crime agaiinst Dalits, SCs, STs,

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Jayananda Rao
105

The recent case filed by Maya supporters Is an example of MIS use of Law. Maya is
neither economically nor socially weak, yet the same or similar abuse made by two
people was treated differently.This is the equality enshrined in the constitution
a day ago

A
920

(0)

Abhay

Caste is a hard reality for India. But, there it can't obscure the fact that 70 years
have passed since Independence, and that is a huge time to give opportunity to
depressed classes to come out of depression. Initially, even Ambedkar, was in favor
of reservations for 10 years only. What we have seen is casteisation of politics. And
not all among dalits have benefited. The writers claim that it is the social mobility of
dalits which has enraged dominant castes is misplaced. While the law is
necessary, as dalits are still dalits, but, there are instances and they are genuine
where this law has been misused. Law should be seen not in social construct
alone, as the writer himself tells about state, but should be seen in civil rights for all.
In that sense, this law has clauses which are totally unfair on any parameters of fair
justice system. That should be kept in mind.
(1)
jayananda Up Voted
Sinhninad Down Voted
2 days ago

K
4410

(0) reply (0)

(1) reply (0)

Kvrao

The US has black salves for over 100 years and now permeating that they are
intellectually inferior by patronizing them. Similarly, The caste system is there for
about thousand years and India got independence only 70 years ago. In addition, the
caste system is ingrained in the constitution. First, India remove any reference to
caste in the constitution. Talk only interns of 'we the people'. Second, India remove
all reservations and financial benefits in any form based on caste and religion. Third,
India provide aid to poor in the form free education and meals to their children.
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India provide aid to poor in the form free education and meals to their children.
Fourth, employment be given based on merit, with some weight given to the low
income families to eliminate wealth advantage of getting private tutoring. Finally,
eliminate corruption in all walks of life. The country has to move forward without
letting politicians take advantage structural defects in the society.
(3)
(1) reply (0)
jayananda Cherian proud Up Voted
Dr Down Voted
2 days ago

PRADEEP CHATURVEDI

PC

INDIA has changed a lot in the last 66 years. Upward social mobility is to be seen to
believed. There may be caste hierarchy on the rural side. But there is no such illfeelings in the urban areas. Incidents so take place in such a large country. Nobody
feels good. There are only 12 % poor in country in 2013 when compared to 33 % in
1993.

3100

2 days ago

(0) reply (1)

Naren

Only 12% poor in country

a day ago

(0)

(0)

(0) reply (0)

Ashutosh

The writer is so obsessed with the dalit empowerment that his hypocrisy is at it's
best. You are applying logic that there is no evidence of dalit empowerment, and
while you, a hypocrate is not applying the logic that crime doesn't have always a
caste. So why your intellect fails here. Your article is a clear hate mongering article
against the Upper caste and shows your jealousy. A dalit has raped a upper caste
girl, is a truth and clearly shows that hatred in Dalits is increasing against upper
caste people. You are a clear partner in the crime by showing the wrong analysis of
the dalit oppression.
(2)
(6) reply (0)
jayananda Garry Up Voted
Cherian Sinhninad Jai Dr Giri jha Down Voted
2 days ago

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