The National Crime Records Bureau (NCRB) in its annual report Crime in India 2021 captures the trends of crime in our country. The report contains crime against vulnerable sections such as women, children, senior citizens, as well as people hailing from historically oppressed communities like Scheduled Castes (SC) and Scheduled Tribes (ST).

As it is mandated by the Prevention of Atrocities Act, 1989, cases of violence and discrimination against SCs and STs need to be recorded separately for review and monitoring purposes. These atrocities are primarily linked to the caste and ethnicity related issues with the perpetrators usually belonging to communities other than SCs and STs, i.e., mostly dominant caste and social groups of society.    

It is reported that a total of 50,900 cases were registered for committing crime against SCs and 8,802 cases were registered for committing crime against STs in the country. It shows a consistent increase in the crime rate. In comparison to the year 2020, in 2021 the rate of atrocities has increased by 6.4% in case of ST’s and by 1.2% in case of SC’s.  

The nature of cases reported include rape of women and children, attempt to rape, sexual harassment, acid attack, assault on women with intent to outrage her modesty, stalking, voyeurism, kidnaping and abduction, riots, robbery, arson, criminal intimidation, intentionally insult or intimidate with intent to humiliate, occupy/take possession of lands belonging to SCs and STs, prevent/deny or obstruct usage of public places/passages, force to leave the place of residence or social boycott and practices of untouchability.

The states having maximum number of cases include Uttar Pradesh, Rajasthan, Madhya Pradesh, Bihar and Odisha. Together, these top five state account for more than 70% of the cases of atrocities against SCs. Meanwhile, MP, Rajasthan, Odisha, Maharashtra and Telangana together account for more than 75% of the total atrocity cases against STs. In atrocity cases against both SCs and STs, the state of Odisha has featured among top five states having many cases.

There are a total of 70,818 cases of atrocities against SCs and 12,159 against STs pending for investigation at the end of the year 2021. A total of 2,63,512 cases of SCs and 42,512 cases of STs were placed for trial in the courts. At the end of the year, more than 96 percent of the total cases were still pending for trial. Though the charge-sheeting percentage was more than 80% but the conviction rate was below 40%. This shows the status of our criminal justice administration specially access of vulnerable victims to speedy trial and justice.

It has been a matter of deep concern for the state of Odisha that has a sizable population of SCs and STs. But the rate of crime and atrocities against SCs and STs is no way less than that in the states of UP, Rajasthan and MP.

The report says atrocities against SCs in Odisha shows an increasing trend during the last three years – in 2019, the number of cases registered was 1,886; in 2020, the number increased to 2,046, and in 2021 the number of cases further increased to 2,327. Same was the case of STs as the reported number of cases registered were 576 in 2019, that increased to 624 in 2020, and 676 for the year 2021. Till the end of the year 2021, a total 2,692 cases of atrocities against SCs and 802 cases of STs were pending investigation by competent authority, and 16,355 cases of SCs and 5,852 cases of STs were pending trial in different designated special courts in Odisha.

Why such an increase in the cases of atrocities against the poor and marginalised, mostly the working-class people of a backward State such as Odisha? It is also being argued by social activists and researchers working on implementation of POA Act, 1989 that the reported data by the Home Department were the cases registered in different police stations of the state while there were equal number of cases that are underreported due to a number of reasons, as it is not easy to get the cases registered due to non-cooperation by police and many cases are being settled under pressure by influential people of dominant castes and by mostly those belonging to ruling parties.

Poverty, illiteracy, landlessness and economic dependency of the marginalized, especially the SCs and STs in Odisha makes them more vulnerable to atrocities. Unfortunately, the institutional mechanism to monitor such cases of crime and atrocities against SCs and STs in the state has been dysfunctional as the state vigilance and monitoring committee under the chairmanship of the chief minister has not been formed and hence no review meetings for a long time, as is the fate of district committees headed by the district collectors.

On the other hand, lack of organization at the grassroots as self-defense mechanisms to provide security against the organized atrocities has been largely absent due to lack of proper information about legal mechanisms. The rise in economic distress, landlessness, unemployment and low income along with untouchability practice make their life miserable and defenseless. There are also instances of false cases being registered against the poor and the marginalized SCs and STs to harass them and also to force the victims to withdraw the atrocity cases.

The NCRB in its Prison Statistics India 2014 reports that the percentage of SCs, STs, Muslims and Christians inmates is proportionately higher than their national population percentage. It shows the vulnerability of the socially and economically marginalized groups in our continued criminal justice administration and their access to justice.

A study on women prisoners by the State Commission for Women, Odisha, revealed that about 63 per cent of women belong to SCs and STs and other backward communities and a majority of them are economically poor and illiterate. The present scenario of criminal justice administration is extremely discouraging without a timely and fair trial to ensure justice. The provisions of the legal aid and justice delivery system have not served much to the marginalized section of our country, including backward states such as Odisha. Many of the innocent SCs and STs in south western parts are being jailed with accusations of left extremist involvement without a scope of representation to prove their innocence.

The legal-aid authority and prisoners welfare fund has failed to cover major prisoners to ensure minimum humanitarian aid to the poor victims. Their suffering has been manifold, with a damaging impact on their family life. The long-delayed process of judicial trials for the illiterate poor has been an excruciating experience. While taking forward the agenda of economic growth and social development, the state government must seriously look into the age-old issues of crime against humanity to build a socially inclusive Odia society.

*Views expressed are the author’s own. The writer is a social activist from Bhubaneswar, Odisha.

Other pieces by Manas Jena:

Ghunghutipada Slum in Sambalpur district of Odisha – How Temple project discriminates against the Landless Dalit

The post Atrocities against SCs and STs show an increasing trend in Odisha: NCRB report 2021 appeared first on SabrangIndia.

The Ghunghutipada slum in ward no.17 of Sambalpur Municipal Corporation is home to more than 200 households belonging to scheduled castes (SCs). About 400 years back the then king Rajabalaram Deo had engaged their forefathers to beat drums during temple rituals and also to maintain the cleanliness of the temple premises. Since then they have been staying over the land for generations without a record of rights (RoR).  In spite of their persistent efforts to get a RoR over the land, it has been deliberately undermined by the revenue administration till date, but for others there has been very good land record settlement in the city. The constitutional promises and land reforms laws are not being executed purposefully to ensure a minimum piece of land to live a life of dignity.  There has been no visible change in their livelihood and living condition as the socio-economic status remains as before with persistent victimization based on their social identity as land less, untouchables and slum dwellers.  Almost all of the households live as daily wage earners mostly engaged in odd jobs; women as domestic workers and male members are construction workers, doing cleaning and sanitary work.

The so-called reservation in education and government jobs have no use for them. They all very piously  carry voter cards to routinely vote to ruling parties and silently pay holding tax to Municipality and also very well in possession of their caste and resident certificate and Aadhar card in favour of their identity as citizens of this country and domicile of Sambalpur town. Not just homestead land, these slum dwellers also have been deprived of basic amenities in spite of different government schemes and provisions to ensure land, housing, drinking water, toilet, electricity and many other schemes relating to social security and the social development of the poor slum dwellers.  It has been noticed that both municipality and district administration have neglected the plight of the poor and low caste people in Sambalpur. It is said that about 60 no of slums in the city and periphery lack basic amenities. The inhabitants of Gunghutipada are not just betrayed once by the revenue administration but also very well discriminated against now in the rehabilitation and resettlement plan of the state government in the SAMALEI (Samaleswari Temple Area Management and Local Economic Initiative) project.

Ironically as found in the declaration of chief minister, the government has followed two types of rehabilitation policy –  one for the land owning people and temple priests and the other for land less slum dwellers, primarily scheduled castes.

How come the government officials and policy makers have such double standards   while dealing with the displaced people of the same project? The land less slum dwellers package is in all respects abysmally low in comparison to others. Even the livelihood aspect of the slum dwellers has not been taken into consideration.

How come a settlement of 400 years are being simply called unauthorized dwellings? It is whose responsibility to ensure survey and settlement? Even when there is a scope to correct the grave historical mistake, the administration rather practices selective attitude against the land less slum dwellers. Why only temple priests have the opportunity of preferential treatment in matters of rehabilitation and resettlement?

Most recently, in an interaction with this writer at GhughutiPada slum, the inhabitants asked such uncomfortable questions to government referring to their centuries old suffering of last 400 years, under the rule of the then king to the present day elected governments.

Since the inception of the project they have had no peace of mind, good sleep and timely food. Most unfortunately, the formal eviction process has not been followed in case of the slum dwellers and here also formal eviction notice has not been served by the local authority. Rather, very brutally the local police demolished their houses. They were not given sufficient time to go for alternative arrangements. The school going children are women who have been suffering a lot in such a vulnerable situation. The women said that it will be very difficult for them to operate from the new place for domestic works and to shift their belongings to relocations with such meagre help from the government. “We are not opposing the temple beatification project but there should not be discrimination against us in rehabilitation and resettlement. Why are we being paid less than others as we are equally losers like others, “asked Mrs Kuni Rout,( 50), and Mr Janek Nag,(50), both residents of Basti. Mr. Pradeep Kumbhar, (42), and Manohar Kurma and many others who are struggling with court cases and petitions and street protests to get justice under the banner of Ghughutipada Basti Banchao Adolan echoed the same concerns.

Though not new, the land and livelihood issues of slum dwellers   now have a new dimension with inclusion of urban temple projects which is also a major cause of displacement but the basic question of land rights remains the same in any kind of project. Here, the SAMALEI project is worth of Rs 200 crore to develop more than 100 acre of temple area by Odisha Bridge and Construction Corporation and also to generate economic activities for the locals. The project has been closely monitored by the CMO for its timely completion. The temple beautification programme of the government of Odisha is part of the larger religious revival project to match with many such central government initiatives of recent times which are being posed as promotion of religious tourism. While no one is opposing such temple beautification projects be of the central or state governments, it is rightly expected that the land less poor people around the temple must be treated humanely and their genuine rights must be recognized under the provision of law and constitutional mandates.

Manas Jena, social activist, Bhubaneswar, Odisha. Email: manasbbsr15@gmail.com

Opinions expressed within the content are solely the author’s and do not reflect the opinions and beliefs of the website or its affiliates.

Courtesy: https://countercurrents.org

The post Ghunghutipada Slum in Sambalpur district of Odisha – How Temple project discriminates against the Landless Dalit appeared first on SabrangIndia.