Thirty years after Parliament enacted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, one of India’s most important pieces of anti-discrimination legislation, a major review of its implementation has concluded that the promise of justice for Dalits and Adivasis remains deeply unfulfilled.
The findings emerge from The Elusive Search for Justice: 30 Year Review of the SCs & STs (PoA) Act, a 267-page report published in 2020 by the Human Rights Advocacy and Research Foundation (HRF), a Tamil Nadu-based human rights organisation that has extensively documented caste discrimination, atrocities, and the functioning of the PoA Act. The volume brings together contributions from a wide range of experts, including former civil servants, lawyers, academics, Dalit rights advocates, human rights defenders, and international observers working on caste discrimination and access to justice.
Among those contributing to the review are P.S. Krishnan, former Secretary to the Government of India and one of the country’s foremost authorities on Scheduled Caste and Scheduled Tribe rights; Paul Divakar, Convenor of the Global Forum on Communities Discriminated on Work and Descent; Gerard Oonk, Ambassador of the International Dalit Solidarity Network (IDSN) and former director of the India Committee of the Netherlands; Sandra Claassen, Director of Advocating Rights in South Asia (ARISA); senior advocates, grassroots activists, researchers, and organisations that have spent decades documenting caste-based discrimination and the implementation of protective legislation.
Published to mark three decades of the anti-atrocities law, the report is both a historical review and a contemporary assessment of the Act’s functioning. Drawing on government records, National Crime Records Bureau (NCRB) statistics, court data, implementation reports, policy documents, and field-level experiences, it seeks to answer a fundamental question: why, despite one of the strongest legal frameworks against caste violence in the world, do Dalits and Adivasis continue to struggle for justice?
The answer offered by the report is stark. While Parliament has repeatedly strengthened the law through amendments, expanded victim protections, increased compensation, created monitoring mechanisms, and established special courts, implementation has lagged so dramatically that the law’s transformative potential has been severely undermined. According to the review, the crisis facing Dalits and Adivasis today is no longer primarily a legislative one. It is a crisis of enforcement, accountability, and institutional will.
Across its chapters, contributors describe a system marked by rising atrocities, low conviction rates, massive case pendency, poor investigations, dysfunctional monitoring mechanisms, delayed compensation, and widespread impunity for perpetrators. The report’s central contention is that while India has created an impressive legal architecture to combat caste violence, the institutions responsible for enforcing these protections have repeatedly failed those they were intended to protect.
Why the PoA Act was considered necessary
The report places the Act within the broader historical context of caste oppression and the limitations of earlier legal protections. Although the Constitution abolished untouchability through Article 17 and guaranteed equality before the law, violence and discrimination against Scheduled Castes and Scheduled Tribes continued largely unabated in the decades following independence. The Protection of Civil Rights Act, 1955, was intended to address practices of untouchability but proved incapable of tackling the growing incidence of organised violence, social boycotts, land-related attacks, sexual violence, economic coercion and collective punishment directed at Dalit and Adivasi communities.
The report notes that atrocities frequently occurred when members of historically marginalised communities sought to exercise rights formally guaranteed to them. Assertions of dignity, attempts to access public resources, educational advancement, economic mobility, political participation or resistance to exploitative labour arrangements often provoked violent backlash from dominant caste groups. Rather than being random criminal acts, such violence frequently functioned as a mechanism for maintaining entrenched social hierarchies.
It was this recognition—that caste violence was systemic rather than incidental—that ultimately led to the enactment of the PoA Act in 1989.
A stronger law, but not a safer reality
One of the report’s most significant findings is that the strengthening of legal protections has not been accompanied by a corresponding decline in atrocities. Over the years, the PoA Act has been repeatedly amended to address gaps in implementation and expand protections for victims. Amendments in 2015 and 2016 broadened the list of offences, strengthened victim and witness protections, increased compensation amounts, imposed stricter timelines for investigations, and expanded state obligations towards survivors. Further amendments in 2018 restored automatic registration of FIRs and removed procedural barriers to arrest that had been introduced through judicial interpretation.
Yet the report argues that these reforms have not translated into meaningful protection on the ground. Drawing on National Crime Records Bureau data, the review notes that registered atrocities against Scheduled Castes and Scheduled Tribes continued to rise throughout the decade. The report cites figures showing 44,946 cases in 2015, 48,679 in 2016, 51,712 in 2017, and 50,749 in 2018. Far from indicating a decline in caste violence, these figures suggest that atrocities remain widespread across the country. The authors caution that the real scale of violence is likely much larger because many incidents are never reported or formally registered.
The report rejects the argument that rising registration necessarily reflects greater awareness or improved reporting alone. Instead, contributors argue that persistent violence, combined with weak enforcement, continues to create conditions in which dominant caste perpetrators often act with confidence that punishment is unlikely.
The Central Problem: A justice system that rarely delivers justice
At the heart of the report lies a devastating critique of India’s criminal justice response to caste atrocities.
According to the review, the problem is not merely that atrocities continue to occur; it is that survivors rarely see justice even when they approach the legal system. The report points to chronically low conviction rates and massive case backlogs across the country. Referring to national data and official observations, the review notes that conviction rates in atrocity cases have remained alarmingly low while pendency rates have hovered around 80 percent. In practical terms, this means that a large proportion of cases either remain unresolved for years or end in acquittal.
Contributors argue that these outcomes cannot simply be attributed to false complaints, as is often alleged by critics of the Act. Instead, they identify a range of systemic factors that undermine prosecutions from the outset. These include delays in registering FIRs, improper invocation of PoA provisions, poorly conducted investigations, failure to collect evidence, hostile witnesses, intimidation of complainants, prosecutorial negligence, institutional bias within law enforcement agencies, and inadequate legal support for survivors. The cumulative effect is a justice system that frequently fails long before a case reaches trial.
The report warns that every acquittal secured through institutional failure reinforces a broader culture of impunity. When perpetrators repeatedly escape punishment, the deterrent value of the law erodes and confidence in legal remedies diminishes.
Tamil Nadu: A disturbing example of impunity
Among the most striking sections of the review is its detailed examination of Tamil Nadu’s implementation record. The report describes the state’s performance as a cautionary example of how strong laws can be rendered ineffective through administrative neglect.
According to the findings cited in the review, Tamil Nadu recorded an acquittal rate of 92.21 percent in cases under the PoA Act, substantially higher than the already troubling national acquittal rate of 74.3 percent. Approximately 94 percent of accused persons were acquitted. Even more alarming, the report notes that the State government did not file appeals against a single acquittal during 2015 and 2016.
The implications of these figures are profound. If acquittals are neither challenged nor reviewed, the report argues, the criminal justice system effectively communicates that caste-based crimes carry little risk of punishment.
The review identifies several additional implementation failures in Tamil Nadu:
- Less than 10 percent of survivors received compensation despite statutory entitlements.
- Only six of the thirty-two mandated Exclusive Special Courts had been established.
- Barely 55 percent of District Vigilance and Monitoring Committees were functioning.
- None of these committees conducted all mandatory meetings required under law.
- No action was taken against police officials accused of negligence despite explicit provisions enabling such accountability.
For the report’s authors, these failures demonstrate that the crisis lies not in the text of the law but in the state’s unwillingness to enforce it.
The Implementation Gap: India’s most persistent problem
Throughout the review, contributors repeatedly return to what they describe as India’s most enduring governance challenge—the gulf between legal promise and administrative reality.
The PoA Act creates a comprehensive framework for accountability. It mandates special courts, special public prosecutors, relief and rehabilitation measures, district-level monitoring bodies, state-level review mechanisms, time-bound investigations, and compensation schemes. Successive amendments have only expanded these protections.
Yet the report argues that many of these mechanisms exist only on paper. Monitoring committees frequently fail to meet. Compensation payments are delayed or denied. Investigations exceed statutory timelines. Exclusive courts remain unestablished in many districts. Police officers often fail to invoke relevant provisions. Survivors are left without meaningful support throughout the legal process. Several contributors describe this not merely as bureaucratic inefficiency but as evidence of deeper structural prejudice operating within state institutions. The report repeatedly suggests that caste bias continues to shape the functioning of the police, bureaucracy and judiciary, undermining implementation at every stage.
Untouchability has changed form, not disappeared
A particularly important intervention made by the report concerns the changing nature of caste discrimination in contemporary India. The review argues that while the PoA Act addresses many forms of physical violence and overt discrimination, large areas of everyday exclusion remain either inadequately addressed or entirely outside the law’s reach.
Contributors point to discrimination in access to public services, exclusion from marketplaces, discrimination in recruitment and employment, caste segregation in private institutions, barriers within educational institutions, workplace discrimination, and violence associated with inter-caste relationships. These forms of exclusion may not always manifest as spectacular acts of brutality, but they continue to shape the lives of Dalits and Adivasis in profound ways.
The report argues that while the legal framework has evolved from addressing untouchability to addressing atrocities, many contemporary manifestations of caste hierarchy remain insufficiently recognised within the legal system.
As a result, the review calls for a broader understanding of caste discrimination—one that moves beyond criminal incidents to include structural barriers affecting education, employment, housing, public participation and social mobility.
The Report’s Broader Argument: The crisis is structural
Perhaps the most important contribution of the review is its insistence that the crisis cannot be understood solely through the lens of criminal law.
Writing in the report, international human rights advocate Gerard Oonk argues that the struggle for justice must be viewed within a larger framework of caste hierarchy, economic inequality, social exclusion and institutional discrimination. According to him, expecting a single law—even a powerful one like the PoA Act—to transform social realities is unrealistic when the broader structures producing discrimination remain intact.
Oonk argues that what is missing is a shared societal commitment to dismantling caste-based inequality. He contends that meaningful progress requires equal access to education, healthcare, land, public resources, government institutions and the justice system itself. Without such structural changes, legal protections alone will remain insufficient.
The report repeatedly emphasises that caste discrimination intersects with class, gender, religion and economic vulnerability. Dalit women, Adivasi communities, informal workers and other marginalised groups often face multiple layers of exclusion that compound barriers to justice.
Thirty years later, the promise remains unfulfilled
The report ultimately presents a paradox. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act remains one of the strongest legal instruments enacted by the Indian state to protect historically oppressed communities. Over three decades, Parliament has expanded its scope, strengthened its enforcement mechanisms, increased relief measures, and responded to judicial attempts to dilute its protections.
Yet the report’s findings suggest that legal reform has consistently outpaced institutional commitment. Atrocities continue to rise. Conviction rates remain dismal. Compensation is frequently denied. Monitoring bodies are dysfunctional. Special courts remain absent in many areas. Officials rarely face consequences for negligence. Survivors continue to encounter barriers at every stage of the justice process.
For the authors of The Elusive Search for Justice, this is the central lesson of the last thirty years: India’s challenge is no longer simply creating laws against caste violence. The challenge is ensuring that those laws are implemented with the seriousness, urgency and political will necessary to make justice a reality rather than a promise.
Three decades after the PoA Act came into force, the report concludes, the struggle against caste violence remains not merely a legal battle but a test of the Indian state’s commitment to equality, dignity and constitutional justice itself.
The complete report may be read below:
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