OFFENCES AGAINST SCHEDULE CASTES AND SCHEDULE TRIBES
Keywords:
Constitution, Scheduled Cast, Scheduled Tribe, Discrimination, Right to equality, Untouchability, Vulnerability.Abstract
The Constitution of India guarantees equality before law and equal protection within the territory of India. It further prohibits discrimination on the basis of sex, caste, religion or place of birth. Equal opportunity in public employment (Article16), abolition of untouchability, right to life and personal liberty are also guaranteed in the Constitution. In addition, Civil Rights Act 1955, Labour Regulations 1993, and Children’s Act 1992 also guarantee the right to equality. The Government recognizing the historical disadvantage and vulnerability of the Dalits and has adopted several measures to address their concerns.
A crime against the Scheduled Castes also known as Dalits is committed in every 20 minutes. The report stated that a total of 26,127 cases against Scheduled Castes were reported in 2005 while the number of crimes against Dalits in 2004 was 26,887. The cases include 8,497 cases reported under the Protection of Civil Rights Act and 291 cases under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act.
References
1. Lloyd, Introduction to Jurisprudence, 159:1985, 117–123p.
2. Chairman, Rly. Board versus Chandrima Das, AIR 2000 SC 988, 997; (2000) 2 SCC 465.
3. According to the 2005 Annual Report of the National Crime Records Bureau of the Ministry of Home Affairs of the government of India.
4. http://www.hardnewsmedia.com/portal/
5. Asian Center for Human Rights Weekly Review, 29 November 2006.
6. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
7. The Kaka Kalelkar Commission on the 29th January, 1953 and Mandal Commission on 1 st January, 1979 were appointed under this Article.
8. Article 14 of the Constitution of India.
9. Article 15(4) of the Constitution of India.
10. Article 16(4) and 16(4A) of the Constitution of India.
11. Article 17 of the Constitution of India.
12. Article 46 of the Constitution of India.
13. Article 330 and 332 of the Constitution of India.
14. Article 335 of the Constitution of India.
15. Article 340 of the Constitution of India.
16. Article 275(1) of the Constitution of India.
17. Protection of Civil Rights Act, 1955.
18. Constitution of India is the only Constitution in the World which creates an offence.
19. Rajiv Dhawan, Looking Back and Forging Ahead: Reflecting on the National Human Rights Commission’s (NHRC) Sixt h Report (1998-99), 44 JICI, 225 (2002).
20. The function mentioned in S. 12(a)(i) and (ii) of the Act.
21. Mehta PL, Neena Verma, Human Rights under the Indian Constitution : The Philosophy of Judicial Gerrymandering, New Delhi: Deep and Deep Publications, 1999, p. 107. Cite this Article Jayant Minj, Offences against Scheduled castes and Scheduled tribes. Journal of Human Rights Law and Practice . 2018; 1(1): 12–17p.
