It is 2017. Activist and Viduthalai Chiruthaigal Katchi (VCK) functionary M. Muthalagu has led a series of protests in Madurai against a Tasmac shop located in his area. He had the support of people, especially women, who were opposed to the store being located near their residence. As an activist, he also promoted and facilitated several inter-caste marriages.
This angered a section of the dominant middle caste in the area. In an act of cold, calculated revenge, he was hacked to death. A First Information Report (FIR) was registered that year, but charges were filed only after much delay. The trial is yet to begin, his wife P. Arulmozhi tells The Hindu.
The accused are at large, ruling the same locality, he adds, and he feels that the longer the trial goes on, the greater the chance that the witnesses will become enemies.
Other survivors of caste-based crimes in Tamil Nadu have suffered similar delays. In 2023, construction worker P. Paraman was talking to his grandson on a cell phone, calling her “Queen”. This natural expression of affection for the child apparently provoked a caste Hindu family who overheard the conversation. They had previously asked him to run errands, but he had refused. They not only abused him with caste slurs but also physically assaulted him. Both FIR and counter-FIR have been registered. Paraman had to approach the court for anticipatory bail. He says two witnesses in the case have already died. The trial in his case has not yet started either, but he still hopes for an early verdict.
M. Prabhakaran from neighboring Sivaganga district says his father, a former panchayat president, was hacked to death by members of the dominant middle caste. There had previously been a threat to his father’s life; however, the firearm license granted to him was revoked. The entire family now had to leave the area and move to Madurai.
Delays are also reported in cases where the state has provided financial relief and rehabilitation. V. Kalaiselvan, the brother of Gokulraj of Namakkal district – a Scheduled Caste youth who was murdered by the caste section for befriending a young woman from their community – claims that the family is being given financial assistance but the pension is being paid as part of rehabilitation measures under the Scheduled Castes Act and its rules and the Tribal Prevention (Prevention) Rules.
Female survivors face a different pressure. A 25-year-old woman from Theni district was in a relationship with a caste Hindu man of the same age. He took her to a secluded place and sexually assaulted her. After she continued to face threats from him and his family members, two separate cases were registered. She says that from the filing of the FIR to the trial stage, she and her mother, a single mother, were under immense pressure to relent.
She says she was initially asked to make a “compromise” but when she refused, a complaint was registered. The case is at the trial stage. But now she claims that the Special Public Prosecutor (SPP) advised her to make a deal so that he could “negotiate” and get money from the accused.
The woman moved the Madurai Bench of the Madras High Court seeking direction to amend the SPP in the case. According to her, she continues to be threatened by the family of the accused.
Together, these cases point to serious systemic lapses in the enforcement of the SC/ST (Prevention of Atrocities) Act and its rules. Activists and advocates have called for a continuous monitoring mechanism at all stages – from the filing of a complaint and registration of an FIR to the filing of a charge sheet, the conduct of a trial and the introduction of rehabilitation measures.
Crime and Punishment
National Crime Records Bureau (NCRB) data for 2023 shows an increase in crimes against Scheduled Castes and Scheduled Tribes. The data also shows a low conviction rate. A recent study by Evidence, a Madurai-based NGO, revealed an increase in crimes against women, especially those belonging to Scheduled Castes and Scheduled Tribes.
Executive Director of People’s Watch Henri Tiphagne points out that even relief measures, which are supposed to be provided in different stages as required by law, are being delayed. The statutes make socio-economic rehabilitation a key part of the crisis plan, which includes allocation of agricultural land, plots for houses, rehabilitation packages, employment, fully supported education of children up to graduation and pensions to strengthen socio-economic conditions. In reality, these rehabilitation measures were not carefully followed, he said.
Evidence Executive Director A. Kathir said Article 17 of the Constitution abolished the practice of untouchability, making it a criminal offence. The Untouchability (Offences) Act was enacted in 1955. It later became the Protection of Civil Rights (PCR) Act, 1976.
In order to take effective measures to prevent atrocities, SC/ST (Prevention of Atroities) Act, 1989 along with subsequent amendments and rules were enacted. The primary objective of the law and rules is to prevent atrocities against members of these communities; along with that came provisions for rehabilitative measures.
The law and the rules are clear: FIR must be registered immediately and charges should be filed within 60 days. However, these binding provisions are rarely followed.
However, there is a misconception that cases under the Act are registered on the spot. In fact, there is often enormous pressure to get things moving. Heinous crimes against Scheduled Castes and Scheduled Tribes have increased, says Mr. Kathir.
He claims that in cases of heinous crimes, the family is first given government jobs and monetary relief to “keep quiet”. Other ordered measures are delayed or sometimes not provided.
Poor implementation
Senior advocate T. Lajapathi Roy says the legislation is in place; it’s the implementation that’s missing. There is insufficient awareness of its provisions even among government officials.
The provision of § 10 of the Act deals with external contact (removal of a person who could commit a crime). Under this provision, when the Special Court is satisfied on the basis of a complaint or a police report that a person is likely to commit an offense under the Act in any area classified as ‘notified areas’ or ‘tribal areas’, it may order that person to remove himself from that area.
Mr. Roy refers to one of the first cases registered under the Act in Madurai district, the 1992 Sennagarampatti double-murder case, which occurred five years before the 1997 Melavalav massacre in which six Scheduled Caste men, including the panchayat president, were hacked to death. Sennagarampatti is about two kilometers from Melavalav.
About nine acres of HR&CE land here was auctioned for agricultural lease. Usually caste Hindus took land on lease and employed scheduled caste persons for agricultural work. But in 1992, two Scheduled Caste men took the land on lease themselves. Angered by this, the caste Hindus burnt the entire crop and subsequently hacked the two men to death. The court had to be transferred to Karur. The land was left fallow after the incident.
In most cases, it is a common complaint that members of Scheduled Castes and Scheduled Tribes face threats from oppressors belonging to dominant castes.
“Peaceful” meetings
Advocate Seeni Syed Amma says that in atrocity cases, instead of directly registering an FIR based on a complaint, the authorities first try to conduct “peaceful meetings”.
“There is no legal provision for holding peace committee meetings,” he adds, referring to a case in Tirunelveli where a Scheduled Caste complainant was hacked to death by oppressors after such a meeting.
Former Madras High Court judge Justice D. Hariparanthaman said caste mentality continues to dominate society even today. He added that both the Center and state governments play a significant role in bringing about change.
However, the whole system is biased, he adds. In some cases, the state does not even appeal acquittals. Pressure should be put on the government to ensure higher conviction rates.
The way forward
Social activist and advocate P. Rathinam, who has represented several atrocity victims, says fighting such cases requires a collective effort as there is pressure from all sides. When victims and witnesses are threatened with life and health, the state must instill confidence in them and provide appropriate protection, he adds.
Mr. Kathir said Section 4 of the Act deals with punishment for dereliction of duty. If a civil servant arbitrarily neglects the duties established by law and regulations, he may be punished by imprisonment for a period of at least six months, with the possibility of an extension of up to one year. “I don’t think anyone has been punished for dereliction of duty. This provision should be strictly enforced to serve as a deterrent,” he claims.
He insists that a robust mechanism is needed to regulate the performance of officials, whether they are investigating officers, special prosecutors or judges. Although there is a state-level committee headed by the chief minister and district-level committees, he says these meetings have yielded no results.
Instead, Mr. Kathir is advocating the establishment of a special monitoring committee made up of senior officials from key departments to monitor violations at all levels. Mr. Roy adds that officials should undergo special training to deal with such problems effectively. There is an urgent need to raise awareness about the provisions of these laws.
Mr. Tiphagne says the law provides for special and exclusive courts to ensure speedy trial and it is the duty of the state government to set them up. It also mandates that each special court appoint an SPP and an exclusive public prosecutor. However, there are a large number of vacancies in these positions across the country.
He says there are cases where additional district magistrates hold additional charge both in POCSO cases and in special courts for SC/ST cases. He adds that vacancies and similar obligations also hinder the effective implementation of the law.
It further calls for an effective monitoring mechanism under which the court dealing with SC/ST cases in the High Court will, as part of its administrative and supervisory function, obtain regular reports from the Special Courts and Exclusive Special Courts to monitor compliance and issue necessary clarifications.
PB Prince Gajendra Babu, general secretary of the State Platform for Common Education System – Tamil Nadu, says these issues should be addressed at the grassroots level. Therefore, the platform developed the “Manual for Social Democracy”, a book containing lessons on equality and equity. Its main objective is to help cultivate social consciousness among students and inculcate a sense of brotherhood. “Only this can lead to real social reform,” he adds.
