Ground reality of the Atrocities Act: Gujarat’s record of neglect and injustice

By Kantilal U. Parmar* 

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, its Rules of 1995, the Amendment Act of 2015, and the 2016 Rules were enacted with the purpose of preventing caste-based atrocities against Dalits and Adivasis, ensuring the safety of their lives and property, and providing for rehabilitation of victims. The Act, popularly known as the Atrocities Act, was passed by the Indian Parliament in 1989 and came into force across India on January 1, 1990. Its rules were notified on March 31, 1995. 

Being a central law, no state government can amend it under any circumstances. Rule 7 clearly states that investigations into crimes under this Act cannot be carried out by officers below the rank of Deputy Superintendent of Police (DySP). Yet, in 1996, the Gujarat government, knowingly or otherwise, issued a circular allowing officers below the DySP rank to investigate such cases. 

This gross violation led to a travesty of justice, as between 1996 and 2006, in 7,468 cases registered under the Act, investigations were conducted by ineligible officers. 

Consequently, courts rejected these cases on technical grounds, and accused persons walked free. It was only after a High Court petition in 2006 that the government withdrew the circular and tendered an apology. But what about the victims who were denied justice because of this state negligence?

In 2015, the central government amended the Act, and corresponding Rules were framed in 2016. Although constitutional provisions and multiple legislations exist to protect Scheduled Castes and Scheduled Tribes, reality on the ground is starkly different. India has one of the finest constitutions in the world, but weak implementation, bureaucratic apathy, and the willful twisting of law ensure that Dalits remain unprotected. 

According to government records, in the past 34 years, Gujarat alone has witnessed 755 brutal murders, 2,410 grievous injuries, 1,577 cases of rape—including gang rapes—387 cases of arson, 38,195 other atrocities under the IPC, and 314 cases under the Protection of Civil Rights Act, 1955. This brings the total to 43,638 atrocities registered in police records.

The state’s own data shows that every year, on average, 22 Dalits are murdered, 63 grievously injured, 46 women raped, 11 homes set ablaze, and over 1,100 cases of atrocities filed under IPC provisions, apart from other violations. This means that every day, at least four Dalits suffer atrocities in Gujarat. 

These figures reflect only reported cases. They exclude those where the police refused to register FIRs, took only written applications, forced compromises, or where victims refrained from approaching the police due to fear, intimidation, or social stigma. The actual numbers are thus far higher.

Preventive measures remain cosmetic. The government has declared certain “sensitive areas” only on paper, without taking any real precautionary steps. Rehabilitation provisions under Rule 15 of the 1995 Rules—which mandate pensions, agricultural land, housing, children’s education, and in some cases government jobs for victims—are rarely implemented. As a result, families destroyed by caste atrocities are left to fend for themselves.

Urgent reforms are required. Special police stations staffed by trained officers from Scheduled Castes should be set up. All officers of the police and administrative machinery must undergo training in the provisions of the Act. District Collectors and Superintendents of Police rarely visit atrocity sites or interact with victims; instead, they conduct perfunctory inspections days later. Arms licenses of dominant-caste groups in atrocity-prone districts should be cancelled, while Dalits should be granted arms licenses under law for their safety.

The Act provides for a 20-member high-level State Vigilance and Monitoring Committee headed by the Chief Minister, including key ministers, secretaries, the DGP, Additional DGP of the SC/ST Cell, and representatives of Dalit and Adivasi MLAs and MPs. This committee is mandated to meet every six months. Yet, Chief Ministers of Gujarat have consistently failed to convene such meetings. This deliberate neglect demoralizes lower officials, encourages laxity, and exposes the insensitivity of the political leadership. Since the 2022 elections, the committee has met only once or twice in three years, instead of the required twice annually.

Further, scientific investigation of atrocity cases is missing because investigating officers are not specially trained. The conviction rate is abysmally low. Special public prosecutors must be appointed, sensitized, and trained to represent victims effectively in court. District- and city-level vigilance and monitoring committees, headed by Collectors and Police Commissioners, must be activated to review cases regularly. The law mandates that every six months, Collectors must review the performance of public prosecutors handling atrocity cases, but this is rarely done.

When grave atrocities occur, top officials—the Chief Minister, Social Welfare Minister, Home Minister, DGP, Additional DGP of SC/ST Cell, and Collectors—must visit the victims, provide direction to officials, and assure families of justice. The failure to do so reflects systemic disregard for constitutional morality.

If the constitutional promise of social, economic, and political justice is to be realized, the rule of law must be enforced without bias or prejudice. Scheduled Castes must feel a sense of security. Only then can democracy in its true sense be said to exist.

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"Social Activist, Ahmedabad, Gujarat