UP leads in cases of atrocities against Dalits, Madhya Pradesh tops in most crimes reported against ST’s Uttar Pradesh reported 12,287 cases, Rajasthan 8,651, and Madhya Pradesh 7,732 of Dalit atrocities in 2022, reveals a Ministry of Social Justice report

24, Sep 2024 | Aman Khan

States ruled by the Bharatiya Janata Party (BJP) top in high number of cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (PoA Act) in the year 2022. A union government report published by the Ministry of Social Justice and Empowerment reveals that Uttar Pradesh, reported a staggering 12,287 cases accounting for 23.78% of the total 51,656 cases registered under the PoA Act (97.7 % atrocity cases against Dalits). Following this, Rajasthan and Madhya Pradesh are positioned on top in registration of cases of atrocities against Dalits. The report’s findings are a grim reminder of India’s ongoing struggle with caste-based violence and discrimination against marginalised communities.

Meanwhile, the state of Madhya Pradesh is at the top, with 2979 cases of atrocities/violence against STs, Rajasthan being the second highest with 2498 and Odisha only accounts for 773 cases – in registration of cases of offences of atrocities against the scheduled tribe community.

The union ministry report also reveals that, 52,866 cases of atrocities against Scheduled Castes (SCs) and 9,725 cases of Scheduled Tribes (STs) were registered in year 2022 under the PoA Act. The majority of these cases, a staggering 97.7%, were recorded in just 13 states, with BJP-ruled Uttar Pradesh, Rajasthan, and Madhya Pradesh topping the list. In 2022, out of 51,656 cases registered under the PoA Act, Uttar Pradesh reported 12,287 cases accounting for 23.78% of the total 97.7 % cases of atrocities against Dalits in 2022 was reported in 13 states. Following this, Rajasthan reported second highest atrocities cases of Dalits with 8,651 cases (16.75%), while Madhya Pradesh had 7,732 cases, making up 14.97%. Other states with a significant number of cases include Bihar with 6509, Odisha with 2902 cases and Maharashtra with 2276 cases.

Moreover, as the table above shows thirteen States, cumulatively accounting for 97.7% (51656) of the total cases (52866) relating to offences of atrocities against members of SCs, registered under the PoA Act in conjunction with the Indian Penal Code, 1860 (repealed), during the year 2022. The report also provides the figures pertaining to the atrocities against the STs. The 13 states directly account for 98.91% (9627) of the total 9735 cases.

India’s disturbing trend of caste-based violence continues to escalate, with Uttar Pradesh topping the list of atrocities against Dalits and marginalised communities. According to the National Crime Record Bureau’s 2022 data, (same period as the ministry’s report) the state reported a staggering 15,368 cases, marking a 16% increase from 2021’s 13,146 cases. Rajasthan follows closely, ranking second with 8,752 registered cases of anti-Dalit violence. Madhya Pradesh retains its third position, accounting for 7,733 cases of atrocities against Dalits.

NCRB 2022 report shows 57,582 cases of Dalit Violence in 2022

The National Crime Records Bureau’s (NCRB) ‘Crime in India’ annual report for the year 2022 also highlighted that the total number of 57,582 cases were registered for committing crimes against Scheduled Castes (SCs), an increase of 13.1% over 2021 (50,900 cases). The crime rate registered shown an increase from 25.3% in 2021 to 28.6% in 2022. In crime head-wise cases, highest number of cases (18,428, 32.0%) were registered under simple hurt followed by cases under Criminal Intimidation with 9.2% (5,274 cases) and SC/ST (Prevention of Atrocities) Act with 8.2% (4,703 cases).

Similarly, a total of 10,064 cases were registered for committing crime against Scheduled Tribes (STs), showing an increase of 14.3% over 2021 (8,802 cases). Anti-Dalit crime rate registered increased from 8.4% in 2021 to 9.6% in 2022. The NCRB figures further elaborated that in Crime head-wise cases, highest number of cases (2,826 cases, 28.1%) were registered under simple hurt (2,826 cases) followed by rape with 13.4% (1,347 cases) and assault on women with intent to outrage her modesty with 10.2% (1,022 cases).

The report highlighted that Uttar Pradesh (15,368), Rajasthan (8,752), Madhya Pradesh (7,733), and Bihar (6,509) reported the highest number of crimes against SCs. In UP, the number of crimes against SCs went up from 13146 in 2021 to 15368 in 2022 – an increase of 16%. The figure was 12,714 in 2020.

BJP-ruled UP tops in cases of Dalit atrocities

Uttar Pradesh, India’s most populous state, grapples with an alarming rise in Dalit atrocities. Uttar Pradesh ruled by the BJP for two terms under Chief Minister Yogi Adityanath, has earned the unfortunate distinction of topping the list of states with the highest number of registered cases of atrocities against Dalits. Registration of 12,287 Dalits atrocities cases, consisting 23.78% of the total cases reported nationwide in year 2022.

Investigation done by police during 2022 in PoA cases

As the report states, 69,597 cases related to SCs and 12,417 of STs were brought forward by the Police. In which chargesheet had been filed in 49,852 cases and 77 cases transferred to another State/Agency. At investigation stage, 65 cases have been quashed/stayed by the court and Final Report has been filed in 12,113 due to reason of false case, mistake of fact/law, insufficient evidence etc.

However, at the end of 2022, 17,166 cases of SCs and 2,702 ST cases pending with the police, only 2 cases investigated u/s 157(1)(b) of CrPC during the year 2022. In these cases, it is seen that 60.38% cases relating to Scheduled Castes were charge sheeted in courts during 2022, in 14.78% SCs cases final report submitted (such as false, mistake of fact/law, true but insufficient evidence) during the 2022. Similarly, 63.38% cases related to SCs were charge sheeted during the year, with 14.71% of cases having final reports submitted, during the year 2022.

Notably, the disturbing trend in the report also revealed that the conviction rate under the Prevention of Atrocities (PoA) Act plummeted to 32.4% in 2022, a significant drop from 39.2% in 2020.

This downward spiral raises questions about the effectiveness of law enforcement agencies and judicial cognizance in protecting Dalits from caste-based violence despite stringent laws. Further compounding the issue is the scarcity of special courts designated to handle these cases. Out of 498 districts across 14 states, only 194 have established these crucial courts, hindering swift justice for victims, according to report.

Report flags lack of Exclusive Special Courts in India

As section 14 of the PoA Act, empowered the state government to establish Exclusive Special Court for one or more district for dealing with the atrocity and violence cases of scheduled Castes and Scheduled Tribes for the purpose of providing a speedy trial in such cases, the number of Exclusive Special Courts are not adequate in India as out of 498 total districts across the country only 194 special courts have been established. The number of special courts in the country are not even half of the total districts within the country.

This shortfall created a significant obstacle in delivering justice to victims of caste-based violence and discrimination. As Exclusive Special Courts have powers to take direct cognizance of offences under the Act, the inadequacy of Exclusive Special Courts hampered the proper implementation of the PoA Act and led to delays and ineffectiveness in anti-Dalit violence cases. The report stressed that it is the duty of the State Government to establish adequate number of Courts to ensure that cases under the PoA Act are disposed of within a period of two months, as far as possible.

Special Police Stations for SCs and STs Complaints set up by five states only

As per the report, Special Police Stations for registration of complaints of offences against members of the SCs and STs have been set up in five States includes Bihar, Chhattisgarh, Jharkhand, Kerala and Madhya Pradesh. In Bihar’s 38 districts, 40 Special Police Station has been established, in Chhattisgarh’s 28 districts, 27 Special Police Station, 24 in Jharkhand’s 24 districts, 3 in Kerala’s 14 districts and, 51 in Madhya Pradesh’s 52 districts. Despite almost equal establishment of Special Police Station in MP, the state positioned on third in accounting of atrocity cases against Dalits and the marginalised.

Dalit Atrocities soar in UP, 49,613 cases reported from 2018-2021

In March 2023, the Indian government informed Parliament that a staggering number of over 1.9 lakh cases of crimes against Dalits were recorded during the four-year period from 2018. According to data from the National Crime Records Bureau (NCRB), Uttar Pradesh alone has reported 49,613 cases of total atrocities and attacks on Dalits (11,924 in 2018, 11,829 in 2019, 12,714 in 2020, and 13,146 in 2021). Union Minister of State for Home Affairs, Ajay Kumar Mishra, shared this information in response to a question posed by BSP MP Girish Chandra, who inquired about mechanisms for monitoring such incidents.

NCRB data shows 57,582 cases of Dalit Violence in 2022

The National Crime Records Bureau’s (NCRB) ‘Crime in India’ report for the year 2022 also revealed that a total of 57,582 cases were registered for committing a crime against Scheduled Castes (SCs), an increase of 13.1% from 2021 (50,900 cases). The crime rate registered an increase from 25.3% in 2021 to 28.6% in 2022. The report highlighted that Uttar Pradesh (15,368), Rajasthan (8,752), Madhya Pradesh (7,733), and Bihar (6,509) reported the highest number of crimes against SCs. In UP, the number of crimes against SCs went up from 13146 in 2021 to 15368 in 2022 – an increase of 16%. The figure was 12,714 in 2020.

Most recent shocking instances of anti-Dalit violence in UP, Rajasthan and MP

Sabrang India and CJP have been diligently tracking the alarming rise of hate crimes against Dalits and other marginalised communities in India. The numerous incidents include violence, discrimination, and social exclusion of Dalits have been reported, highlighting the devastating reality of Dalit survival in the country.

Uttar Pradesh

BJP’s government in Uttar Pradesh has faced many severe criticisms for its inability to prevent Dalit violence in the state, despite being in power for two consecutive terms. The recent surge in anti-Dalit attacks has raised concerns about the government’s commitment to protecting the rights of the Dalit community in the state. As the whole country witnessed the horrible tragic incidents of Hathras and Lakhimpur Kheri in year 2020, representing a distressing chapter in India’s ongoing struggle with anti-Dalits crimes and caste discrimination in the state of Uttar Pradesh. The tragic incident of Lakhimpur Kheri where two Dalit minor sisters were found hanging from a tree in Uttar Pradesh’s Lakhimpur district. The family alleged abduction, rape, and murder, later post-mortem reports confirmed that the Dalit sisters were raped before being murder. Similarly, the Hathras incident of rape, murder, and alleged systemic failures, has revealed the systematic exclusion of Social Justice against the victims belonged to Dalits and marginalised communities, especially Dalit women.

CJP’s recent report on Dalit atrocities in the state of Uttar Pradesh may be read here

On August 18, 2024, in Uttar Pradesh’s Ambedkar Nagar, a 21-year-old gang-rape survivor ended her life after UP Police denied to lodge an FIR against three men for the crime and coerced her father into misreporting the complaint. Father of the victim revealed that his daughter had gone missing from their home on the evening of August 16. The father immediately went to the local police outpost to file an FIR but the Police refused to lodge an FIR and forced him to change the complaint. On August 18, the victim’s younger sister discovered her hanging in her room. The devastated father reported to police that his daughter had felt humiliated and abandoned due to the authorities lack of response.

On October 5, 2022, in Ambedkar Nagar, a student hung herself from the ceiling of her room. The father of the victim has reportedly stated that she had gone into “depression” after allegedly being kidnapped and gang-raped by two youth when she was on her way to school in the district’s Malipur area.

Rajasthan

Rajasthan reported the second highest number of Dalit atrocities nationwide, with 8,651 cases reported in 2022. The state’s disturbing trend of violence and discrimination against Dalits persists, despite laws aimed at protection. Brutal incidents, including killings, rapes, and social boycott highlight the need for urgent action and accountability.

On January 26, 2024, a 17 year old tenth-grade student, was busy with creating reels at Ajmer’s Ana Sagar Chaupaati, a popular place for tourists and visitors, when he was attacked. A group of young men approached him and demanded he stop taking videos. Following which, the men who have been identified as Pushpendra, Rohit, and Gokul, assaulted the boy brutally. They used sticks and forced him to kneel down, and made him utter the word “papa.” The torment did not end there; one of the perpetrators even urinated on the young victim and reportedly even forced him to drink liquor.

In Rajasthan’s Alwar, an eight-year-old Dalit boy was reportedly assaulted for touching a water bucket near a hand pump in a village in Rajasthan’s Alwar district. As per a report by the Indian Express, the police have stated that the incident occurred on the morning of March 30, 2024 when the boy, a fourth-grade student at the village’s government school, went to drink water from the hand pump on school grounds. As per the complaint, a man from a higher caste, who was filling the bucket with water at the Time, attacked the boy when he touched the bucket. The man refused to apologise and even shouted at the boy’s family, subjecting them to casteist abuse. A police complaint has been lodged in Ramgarh police station by the parents.

Another incident in Rajasthan’s Karauli district, in what seems to be a shocking incident, a magistrate reportedly asked a Dalit gang rape survivor to undress to inspect her injuries. The magistrate has been booked after the survivor lodged a complaint on March 30, 2024 accusing the magistrate of requesting this during a court session in Hindaun. The incident is being treated as an instance of outraging modesty, and charges have been filed under section 345 of the IPC and the SC/ST (Prevention of Atrocities) Act.

Madhya Pradesh

Madhya Pradesh reported the third highest number of Dalit atrocities nationwide was also faced criticism recently for curtailing welfare funds of the SC/STs and diverting the SC/ST welfare fund for the welfare of cows, museums and religious sites. As per a document reviewed by the HT, ₹252 crore has been allotted to cow welfare (Gau Samvardhan and Pashi Samvardhan), a total of ₹95.76 crore has been allocated from the SC/ST sub-plan. Madhya Pradesh’s decision to divert ₹95.76 crore from the SC/ST welfare fund to support cow welfare, museums, and religious sites was a shocking betrayal against marginalised communities. This move not only undermines the government’s duty to ensure social justice but also perpetuates the systemic oppression of Dalits. The cow welfare fund has increased from about ₹90 crore in the last year. Madhya Pradesh was the second state after Karnataka to divert funds from the SC/ST sub-plan for other schemes. Karnataka decided to take ₹14,000 crore from the sub-plan for funding its welfare scheme.

A Dalit youth in Mainpuri, while working on his own land, was attacked by a group of men. The authorities have registered a case involving assault and harassment against the Dalit community under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. As per reports, the police are now searching for the culprits who are currently absconding. The police have filed a complaint against one Munshi Khan and his associates.

In Morena, Madhya Pradesh, a Dalit sarpanch was reportedly tied to a tree and beaten. After the violence, the man was forced to flee his native village. The sarpanch of Koutharkalan panchayat has reportedly filed a complaint at the Porsa police station on Thursday. He had reportedly faced harassment over the past two years. The attackers had pressured him to leave his position and hand over his digital account details. However, after he refused to follow their demands, the goons allegedly took him to the outskirts of Koutharkalan, tied him to a tree, and brutally thrashed him, covered in a report by CJP.

However, before 2022, India registered 1,89,945 cases of crimes against the Dalit community during the four-year span (42,793 in 2018, 45,961 in 2019, 50,291 in 2020, and 50,900 in 2021). Out of all these cases, chargesheets were filed in 1,50,454 of these cases which resulted in only 27,754 convictions. These are records of only reported crimes having taken place, there is no way to account for cases that never reached law enforcement officers.

What is the Prevention of Atrocities Act 1989?

While acknowledging the deep-rooted caste system and its role in perpetuating atrocities, the Parliament of India enacted the scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules 1995 that come into force with effect from January 30, 1990. This special legislation enacted with aims to preventing commission of offences by persons other than Scheduled Castes and Schedules Tribes against members of SCs and STs and also provide for Special Courts for trial of such offences and for relief and rehabilitation of the victims of such offences. The PoA Act is extended to whole of India.

Ineffective implementation of PoA act still a challenge for Social Justice

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, remains ineffectively implemented, undermining social justice and defying Supreme Court directives. Despite landmark judgments and established special courts, rising atrocities and low conviction rates expose systemic apathy, compromising protection for marginalised communities.

Importantly, the Supreme Court of India in a landmark judgement of National Campaign on Dalit Human Rights & Ors. vs. Union of India & Ors. (2017) 2 SCC 432, where the bench led by then CJI T.S. Thakur and Justices D.Y. Chandrachud and L. Nageswara Rao, directed the strict implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This pivotal decision affirmed the findings of the Justice K. Punnaiah Commission (appointed by the Andhra Pradesh Govt in April, 2003 to inquire into the crimes suffered by SCs and STs) and the 6th Report of the National Commission for Scheduled Castes and Scheduled Tribes.

In the National Human Rights Commission’s ‘Open House Discussion’ on “Prevention of Atrocities and other forms of Discrimination against SC/ST Community: Challenges, Protection and Way Forward” held on June 23, 2023, the Director, Ministry of Social Justice & Empowerment also expressed its concern and pointed out that a predominant rise in cases can be seen after the amendments that widened the gambit of the Act when they were introduced. This requires strengthening of the administrative regime, especially the institutional mechanisms or the Police Protection Cells as mandated under the PoA Act, which is being looked after by the MoSJ&E. He further added that as of now, a total of 176 executive special courts have been constituted across the country in order to make the system more approachable for the victims.

The full report of the Ministry of Social Justice may be read here:

 

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