Skip to main content

Positive Apex Court verdict amidst 'sharp rise' in atrocity cases against Dalits, Adivasis

By A Representative
Even as welcoming the Supreme Court ruling upholding the Constitutional validity of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act (PoA Amendment Act), civil rights organizations seeking to strengthen the law have regretted that there is a failure to ensure its actual implementation.
In a statement, the Dalit Human Rights Defenders Network (DHRDN) and the National Coalition for Strengthening the Prevention of PoA Act (NCSPA) said, "We are concerned that even after the amendments came in force in 2016, which generated a hope to the Dalit and Adivasis victims in accessing speedy justice, it is not being enforced in a proper manner."
The statement said, "This is partly due to the procedural hurdles and apathy of the state in implementing the provisions. Dalits and Adivasis communities have still been suffering from inhuman atrocities like murders and mass murders, social boycott and economic boycott, mass arsons, rapes, gang rapes etc. on a daily basis all over India."
Yet, it noted, the judgement is meaningful, as it reaffirms the reliance and trust of members of SCs and STs on the provisions of the PoA Act and on the highest court of the country. It has finally put at rest the Supreme Court judgment dated March 20, 2018 in Criminal Appeal No 416 of 2018 (Dr Subhash Kashinath Mahajan vs the State of Maharashtra and Another), diluting the provisions of the PoA Act.
In August, 2018, Parliament passed the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018, to bypass the ruling of the Supreme Court of India laying down procedures for arrests under the Act. This was challenged by one Prathviraj Chauhan, who contended that it was liable to be struck down as being violative of Articles 14, 19 and 21 and violative of the basic structure of the Constitution.
Finding that Chauhan's plea would adversely affect the very objective of the Act to prevent atrocities against members of SCs and STs, which would be severely detrimental, especially in heinous offences, Dr VA Ramesh Nathan of the National Dalit Movement for Justice (NDMJ) filed a intervening petition.
The petition came on board along with the intervening petition filed by NDMJ before the bench comprising Justices Arun Mishra, Vineet Saran and Ravindra Bhat, who on Monday upheld the Constitutional validity of the PoA Amendments of 2016 and 2018. The apex court ruled out the contention that the amendments were made out of "political pressure", and that the exclusion of the provision for anticipatory bail is arbitrary and unjust.

Atrocity figures

According to information forwarded by the National Dalit Movement for Justice (NDMJ) and the International Dalit Solidarity Network (IDSN) to the United Nations (UN) Human Rights Committee in July 2019, while the reporting of crime against Dalits and Adivasis has risen over the decade, there has not been an equivalent rise in the rate of disposal of cases by the police and courts under the PoA Act.
Cases of crimes against SCs pending police investigation have nearly doubled (99%), from 8,380 cases to 16,654 cases in a decade. In the case of crime against Scheduled Tribes, pendency of investigation has risen 55% from 1,679 cases to 2,602 cases, the submission to the UN said.
At the same time, it said, in courts, crimes against SCs pending trial rose by 50% over the decade from 85,264 to 129,831. In 2016 alone, for which the latest figures were available, 40,801 new crimes against Dalit’s were registered under the PoA Act and less than 15,000 cases completed trial that year.
Cases of crimes against SCs pending police investigation have nearly doubled (99%), from 8,380 cases to 16,654 cases in a decade
The submission pointed out, the number of trials completed in court has dropped by 28% from 20,495 in a decade. For STs, trials completed in a year has nearly halved (by 49%) in a decade from 2,895 to 4,317, while those pending trial has risen by 28%.
Stating that the conviction rate remains less than 30% over the decade, the submission said, among the crimes that do get disposed of in court, about a quarter lead to convictions in crimes against Dalits. As of 2016, this conviction rate calculated by dividing the number of convictions in a year by number of cases completing trial in a year stood at 26%, a 2 % point decline from the rate a decade ago (28%).
As for the conviction rate in cases of crime against STs, these were 21% in 2016, which is "even worse, showing a 7-percentage-point decline in a decade.
The submission noted, as many as 4,22,799 crimes against Dalits and 81,332 crimes against Adivasis were reported in the decade. Over the decade, crime rate against Dalit’s rose by 25%; from 16.3 crimes per 100,000 Dalits reported to 20.3 crimes.
It added, the highest increases in crimes were recorded in eight states Goa, Kerala, Delhi, Gujarat, Bihar, Maharashtra, Jharkhand and Sikkim where rates rose over 10 times.
Further, it said, cases pending police investigation for both marginalised groups has risen by 99% and 55% respectively, while the pendency in courts has risen by 50% and 28%, respectively. The conviction rates for crime against SCs and STs have fallen by 2% points and 7% points, respectively, to 26% and 21% in a decade.
Meanwhile, DHRDN and NCSPA have put forward a number of demands to fight the "looming challenge of ineffective implementation of the amended SCs and STs (PoA) Act", the statement said, not only the PoA Act should be robustly enforced, "exclusive" Special Courts as per Section 14 of the PoA Act in each district should be set up, and "these courts shall not take cases of any other legislation."
At the same time, they said, public prosecutors of victim’s choice should be appointed as per Rule 4 (5) of the SCs and STs (PoA) Rules 1995 for the sake of "open and transparent investigation" under the Act.

Comments

samir sardana said…
Some people think that the lower castes of Hindooland - called Dalits,are a man made creation,which origined as a necessity,derived from the laws of economics and division of labour - id.est., the laws of economics,as they existed 5000 years ago.

Sadly,that is NOT true - but it is a convenient excuse,used by Hindoos in the USA, embarrassed by the depravity and inequity,of Hindooism.The White man and Muslims,do not probe further,as they know NOT, the bottomless pit of Hindooism.The logic appeals to the white man as it is an inferential,obverse deductive logic - akin to the economic logic,of the slave trade,by St Paul.

The Creation,Permanence,Sustainance, Genocide and Degradation of the lower castes,is ORDAINED by an INJUNCTION,in the GITA.The Gita is not some OBSCURE or OBVERSE citation,in some archaic corner,of the Hebrew Bible,or a part of the NT fables.The Gita is the CORE of Hindooism - like the TORAH.

The concept of classes of humans,ordained as such, EVEN BEFORE THEY ARE BORN, for the current birth and the next birth,wherein redemption is obtained,by perpetual misery and suffering of the lower classes,due to their sins,in the PREVIOUS births,would be the crowning glory,of Jon Stewart's acerbic wit - were it not for the absolute genocide,of the lower castes.

No religion preaches such a diabolical abhorrence,and even the Babylonian and Jersualem Talmud - treat Non-Jews as Goyim or Filth - but within their own - there are no classes or castes.

This is the injunction of the Gita,delivered by their God – Krishna.dindooohindoo

The Verse - 1

“It is far better to perform one’s svadharma (prescribed duties), even though faultily, than another’s duties perfectly. Destruction in the course of performing one’s own duty is better than engaging in another’s duties, for to follow another’s path is dangerous.” – Bhagavad-Gita 3:35.

The Deduction

If a Dalit does anything more than be a human scavenger - that path would be "dangerous". That means he would be killed - and the theological justification for lynching.

The Verse - 2

“According to the three modes of material nature (goodness, passion, ignorance) and the work associated with them, the four divisions of human society (Brahmin/KsHatriya/
Vaisya/Sudra) are created by Me .

The Deduction

Created by ME.The Gods have created the Dalits ONLY for the FUNCTION OF CLEANING TOILETS and SERVING the UPPER CASTES,like SLAVES

The Verse - 3

And although I am the creator of this system, you should know that I am yet the nondoer, being unchangeable.” — Bhagavad-Gita 4:13.

The Deduction

Heraclitus said Change was the only constant.The Hindoo Gods CREATED THE CASTES - and AFTER its CREATION - the Gods became the NON-DOERS,and the CASTES represent the WILL of the GOD - who is UNCHANGEABLE - and SO THE CASTES are a PRIORI - for ever !

WHAT WOULD BE THE PLIGHT OF THE DALITS - HAD THE MUGHALS NOT COME TO HINDOOSTHAN.It is the NOBLE DEED,of Converting 220 million Dalits, to Islam - which explains the Divine success of the Mughals in India - inspite of ALL ODDS.

Islam gave the Dalits empowerment,emancipation,security,redemption and salvation.

TRENDING

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor*  A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra  Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas*  Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat*  In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Overriding India's constitutional sovereignty? Citizens urge PM to reject WHO IHR amendments

By A Representative   A group of concerned Indian citizens, including medical professionals and activists, has sent an urgent appeal to Prime Minister Narendra Modi, urging him to reject proposed amendments to the International Health Regulations (IHR) before the ratification deadline of July 19, 2025. 

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative   At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative   A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman*   The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.