#Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989

[seemabhatnagar]

Summoning accused U/s 319 CrPC

Jitendra Nath Mishra v, State of UP & Anr.

The Division Bench of the Apex Court comprising Hon’ble Mr. Justice Dipankar Datta J & Hon’ble Mr. Justice Pankaj Mithal J while dismissing the Criminal Appeal held that if Trial Court is satisfied with the material before it that if the same is not rebutted would lead to conviction may summon the accused u/s 319 Cr P C.

Fact:

Criminal Appeal is filed against Allahabad High Court’s order upholding of the summoning of the appellant to face the trial. The Special Court summoned the appellant exercising the power conferred u/s 319 CrPC.

An FIR u/s 419, 420, 323, 406 and 506, Indian Penal Code and 3(1)(r) & (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989.

Accused were named as Dharmendra Mishra. Brother Dharmendra Mishra & unknown person.

Charge sheet was filed only against Dharmendra Mishra.

But during trial Complainant & his wife deposed that Dharmendra and the appellant together with an unknown person had assaulted them and hurled caste related abuses. At this stage Special Court summoned appellant (brother of the accused- Jitendra Nath Mishra).

Observation of the Apex Court:

The apex court observed that instead of dealing with the rival contention of the parties this Court will restrict itself to Section 319 CrPC as dealing with each and every averment would affect the pending trial.

What is essential for exercise of the power under section 319, Cr. PC is that the evidence on record must show the involvement of a person in the commission of a crime and that the said person, who has not been arraigned as an accused, should face trial together with the accused already arraigned.

However, the court holding a trial, if it intends to exercise power conferred by section 319, Cr. PC, must not act mechanically merely on the ground that some evidence has come on record implicating the person sought to be summoned; its satisfaction preceding the order thereunder must be more than prima facie as formed at the stage of a charge being framed and short of satisfaction to an extent that the evidence, if unrebutted, would lead to conviction.

The FIR in this case is not such where one finds complete absence of any reference to the brother of Dharmendra who had joined Dharmendra in assaulting and abusing the complainant or that the allegations are entirely Dharmendra centric with none else playing any role.

The Trial Court had passed order u/s 319 CrPC on being satisfied prior to summoning the appellant (Brother of the accused/appellant Jitendra Nath Mishra) to face trial with Dharmendra.

We are satisfied, on facts and in the circumstances, that the Special Court formed the requisite satisfaction prior to summoning the appellant to face trial with Dharmendra.

There is no merit in the appeal, and it stands dismissed.

Seema Bhatnagar

[legalwires]

Suprem Court: Insult Not Enough for SC/ST Act, Caste-Based Humiliation Required

On August 20, 2024, the Supreme Court of India delivered a significant ruling on the interpretation of the SC and ST (Prevention of Atrocities) Act, 1989. The Court held that mere insult or intimidation of a Scheduled Caste (SC) or Scheduled Tribe (ST) member does not automatically constitute an offense under the Act unless the accused had a specific intention to humiliate based on caste…

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Sampark is a Best NGOs in Bangalore Helping the Poor

Sampark’s mission is to help vulnerable and poor people, especially women, to gain direct control over and improve their lives. This is achieved through educational interventions primarily aimed at increasing people’s income earning ability. Sampark is a Best NGOs in Bangalore helping the poor.

 Can We Deliver Justice to the Devadasis? Laws and Current Policy Landscape in India

The devadasi practice was first abolished during the British Raj under Lord Reading in 1925. Since then, many laws and policies have been proposed and passed to protect the rights of Devadasis. However, despite legal sanctions to combat the existence of the system, the Devadasi practice still prevails in different parts of modern India. 

Let us take a look at the laws and policies that are currently functioning at the central and state level in India.

National Legislation

As the Devadasi dedication is largely limited regionally, most of the legislation and policy action is undertaken at the State Government level. However, many national legislative instruments directly criminalise certain aspects of the practice, while several other instruments address other aspects.

Legislation

How Does it Address the Issue?

The Hindu Marriage Act, 1935

The minimum age for a valid marriage of a woman is 18 years, and a breach can lead to penalties including imprisonment and fines.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

In 2015, the dedication of “a Scheduled Caste or a Scheduled Tribe woman to a deity, idol, object of worship, temple, or other religious institution as a devadasi or any other similar practice” was added to the list of prohibited practices and made punishable. Penalties include a minimum imprisonment of six months and may extend up to five years with a fine. 

The Immoral Traffic (Prevention) Act, 1956

Criminalisation of trafficking for sexual exploitation and a punishment of imprisonment up to 7 years with a fine. Penalties for different activities involving prostitution.

The Protection of Women from Domestic Violence Act, 2005

Under Section 2(f), the Act covers not only relationships arising out of marriage but also relationships between persons who live or have lived (at any point of time) together. The relationships between Devadasis and their partners often assume this character

The Prohibition of Child Marriage Act, 2006

Penalization of offenders where the bride or bridegroom are below the statutory age. The Act also sets up a Child Marriage Prohibition Officer to undertake activities that prevent child marriages from occurring, including sensitization, counselling, and awareness building. 

The Protection of Children from Sexual Offences Act, 2012

Protection of children from sexual assault, sexual harassment and pornography and establishment of Special Courts for prosecution of offences under it. The Juvenile Justice (Care and Protection) Act, 2015

The Act defines ‘child’ as one “who has been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts”, thus applicable to Devadasis.

List of National Legislation that criminalizes many aspects of the Devadasi system

State Legislation

Several state governments, in the regions where the practice is prevalent, have enacted laws to abolish the Devadasi practice. These are: 

The Madras Devadasis (Prevention of Dedication) Act, 1947, which is also referred to as the Tamil Nadu Devadasis (Prevention of Dedication) Act

The Andhra Pradesh Devadasi (Prevention of Dedication) Act, 1947, and amended in 1988

The Karnataka State (Prevention of Dedication) Act, 1982, and amended in 2010 

Goa Children’s Act of 2003 (which contains a chapter on Devadasis)

The Maharashtra Devadasi System Abolition Act, 2005

In terms of objective, the laws are largely similar, in that they focus on preventing child sexual abuse or prohibiting dedication and caste based atrocities. However, few NGOs have been able to use the legal route to stop the practice as laws are poorly implemented and many families dedicate their daughters in secret (deeply.thenewhumanitarian). Smita Premchanger, Secretary, Sampark strongly advocates economic empowerment and social support as the best ways to tackle the problem at its root cause – poverty, caste and oppression. 

View  more.. https://sampark.org/

[daily-media]

CBI mobilises 53 officers including 29 women to probe Manipur violence cases

Since the Deputy Superintendents of Police cannot be supervisory officers in such cases, the agency has sent three DIGs and one SP to supervise and monitor the investigations.

NEW DELHI: In a major mobilisation, the CBI on Wednesday deputed 53 officers, including 29 women, drawn from its units across the country to probe Manipur violence cases, officials said.

The team which includes three DIGs — Lovely Katiyar, Nirmala Devi and Mohit Gupta — and Superintendent of Police Rajveer will report to Joint Director Ghanshyam Upadhyay who will supervise the overall probe, they said.

It is understood to be first of its kind mobilisation where such a large number of women officers have been simultaneously pressed into service, they said.

Sources said that several of these cases being probed by the CBI may attract provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, which can be probed by a Deputy Superintendent of Police rank officer.

Two Additional Superintendents of Police and six Deputy Superintendents of Police — all women — are also part of the 53-member force, they said.

Since the Deputy Superintendents of Police cannot be supervisory officers in such cases, the agency has sent three DIGs and one SP to supervise and monitor the investigations, they said.

Besides 16 inspectors and 10 sub-inspectors will also be part of the team, they said.

Normally when such a large number of cases are handed over to the CBI, the agency depends on the state concerned to provide manpower as well, officials said.

But in the case of Manipur, they will try to minimise the role of local officers to avoid any allegations of bias in the probe, the officials said.

The agency has already registered eight cases, including the two related to the stripping and parading of women by a mob on May 4, an incident that sparked massive furore after its video appeared on social media on July 16. The CBI is set to investigate nine more cases related to Manipur violence, which will take the total number of cases probed by the agency to 17, officials have said.

Officials in the know of developments said the probe by the central agency would not be limited to these 17 cases. Any other case related to crime against women or sexual assault may also be referred to it on priority, they said.

According to them, the probe agency is likely to take over one more case of alleged sexual assault in the state’s Churachandpur district.

With society divided on ethnic lines, the CBI is facing the critical task of avoiding allegations of bias during the Manipur operation as any involvement of people from one community is likely to result in finger-pointing, the officials said.

The central probe agency will transfer all forensic samples to its Central Forensic Science Laboratory based in the national capital.

More than 160 people have been killed and several hundred injured since ethnic violence broke out in the state on May 3 when a ‘Tribal Solidarity March’ was organised in the hill districts to protest against the majority Meitei community’s demand for Scheduled Tribe status.

Meiteis account for about 53 per cent of Manipur’s population and live mostly in the Imphal Valley, while tribals, which include Nagas and Kukis, constitute 40 per cent and reside mostly in the hill districts.

[9346677007-blog]

LETTER PETITION REQUESTING TO TAKE IT UP AS PUBLIC INTEREST LITIGATION SEEKING A DIRECTION FROM HON'BLE SUPREME COURT OF INDIA TO STOP ISSUING 41-A NOTICE TO THE ACCUSED WHO ALLEGEDLY COMMITTED OFFENCES UNDER SCHEDULED CASTES AND SCHEDULED TRIBES PREVENTION OF ATROCITIES ACT – 1989 AS AMENDED 2015

DR. B. KARTHIK NAVAYAN Office of M.A SHAKEEL U. D. Jai Bhima Rao, Srikanth Chintala, Nallamasu Krishna, Swapna Gumpula, Advocates 12/08/2023 Hyderabad To, THE HON’BLE CHIEF JUSTICE OF INDIAN SUPREME COURT OF INDIA TILAK MARG, NEW DELHI-110001, EMAIL – supremecourt@nic.in, justice.dychandrachud@sci.nic.in PLEASE FIND ATTACHED THE SIGNED AND SCANNED LETTER PETITION IN PFR FORMAT, ALONG WITH…

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Click to read SCs must unite against BJP, individual differences can wait: Kharge

Civil society members discussed various issues related to issues facing the Dalit community such as lack of effective implementation of SC/ST sub-plan across the country, similar lack of implementation of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, improving the representation of SC/ST, OBCs and minorities in the party with Indian National Congress President…

[theechudar]

HC: Merely naming caste not an offence under SC/ST Act | India News

BENGALURU: Merely taking the name of the caste of the victim would not make it an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, unless it is with an intention to insult the person belonging to that caste, the Karnataka high court observed recently.Quashing proceedings against an accused in so far as it relates to provisions of the Atrocities…

[rnewspost]

HC: Merely naming caste not an offence under SC/ST Act | India News

BENGALURU: Merely taking the name of the caste of the victim would not make it an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, unless it is with an intention to insult the person belonging to that caste, the Karnataka high court observed recently.Quashing proceedings against an accused in so far as it relates to provisions of the Atrocities…

[bestestlegalservice]

How a lawyer can prove that this sc/st act is fake

The SC/ST Act will never be regarded as a productive piece of legislation. Tribes and Dalits continue to face discrimination. On the other hand, there is a genuine concern about the misuse of the Act's powers against innocent people. The Supreme Court of India claims that some individuals are utilizing the SC/ST Act as a "blackmail" tool to exact "vengeance" and further their own agendas.

The crimes committed against SCs and STs remained unabated despite laws designed to protect them, such as the Protection of Civil Rights Act of 1955 and the IPC. In 1989, the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (POA) was enacted by the Parliament in response to this circumstance. The main goal of the POA is to actively pursue justice on behalf of SC and ST people in order to enable them to lead moral and prosperous lives.

The most significant aspect of Indian religion and social life has traditionally been caste. Caste was once determined by a person's employment, but subsequently caste became inherited and permanent. The caste system gave the upper castes various advantages while allowing the lower caste to be oppressed. The Indian constitution aimed to correct historical wrongs and give the disadvantaged a level playing field following independence through the fundamental right to equality (Articles 14–18), particularly Article 17 which outlaws the practice of untouchability.

Abuse of provision:         

The SC/ST (Prevention of Atrocities) Act of 1989's Section 3(1)(x) is a clause that is open to abuse. When someone purposefully intimidates or insults a Scheduled Caste or Scheduled Tribe member in a public setting, they are subject to punishment under this clause. The Atrocities Act's automatic arrests could result in innocent people being falsely accused; according to crime data, such incidents are falsely reported by the police 10% of the time.

Charge papers are filed in the vast majority of atrocities cases that the police look into. 40,801 registered cases of atrocities against Scheduled castes and 6,568 registered cases of atrocities against Scheduled tribes were reported by the National Crime Records Bureau in 2016. In addition, the police looked into instances that were open from prior years and filed charges in 78% of cases involving Scheduled caste atrocities and 81% of cases involving Scheduled tribe atrocities. Given that there is evidence to suggest that misuse of this service results in arrests and has a significant impact on one's reputation in society.

Remedies:

Every person has a right to their life and personal freedom being protected. Any infringement or violation due to the right will result in legal action. As previously noted, you can file a writ petition for the Supreme Court under Article 32 and before the High Court under Article 226 alleging that any of your rights have been violated as a result of situations involving fabricated atrocities. When the SC/ST threatens to file a false atrocity case against you, you may pursue a defamation case under section 499 or 500 of the Indian Penal Code.

Recent changes:

In order to stop the "rampant misuse" of the SC-ST Prevention of Atrocities Act 1989, the Supreme Court announced fresh instructions in 2018. Any form of verbal, ritual, or physical abuse directed at the SCs and STs the untouchable community is considered unlawful under this statute. The Act further specified penalties for certain unlawful actions.

In Dr. Subash Kashinath Mahajan v. the State of Maharashtra, a two-judge bench rendered its decision and issued the new guidelines after concluding that almost one-fourth of the cases brought under the SC-ST Act involve fictitious complaints.

Even though section 18 of the SC-ST Act specifically forbids anticipatory bail, the issue of anticipatory bail was made possible by the new regulations.

The Act's many advantages far outweigh its drawbacks. Some members of the outside world try to take advantage of legal opportunism and include innocent people in these lawsuits. These fraud instances severely defame those who have been falsely implicated, and the effects of such situations are long-lasting. To preserve the sanctity of the Constitution and its citizens, the Act must be diluted.

If any false case has been filed under the Act then you should appoint a lawyer to represent your case. Lawyer can collect and represent the evidences. If case has been filed in Mumbai then you should search for Top Lawyers In Mumbai. Top Lawyers In Delhi should be searched if the case has been filed in Delhi. There are many Lawyer In Delhi.

You can also contact Lead India. Our Advocates can file counter case on your behalf. Here, you can talk to a lawyer, ask a legal question and even seek free legal advice

SOURCE

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Share for speeding the justice! Read more👇🏻

🔵 A 22 year young named Uday Kiran (deceased) from Bevahalli in Mulbagal town of Kolar district, 110km away from Bengaluru, committed suicide on the night of 30th Nov after being brutally assaulted by the group of people for apparently overtaking the bike of a person from so called upper caste, identified as Raju.

🔴 Uncle of the deceased has stated that Uday Kiran was traveling with his friend to the neighbouring village, where the incident took place. Group of men allegedly from raju's (accused) village abused and tied Uday to tree before beating him harshly. After which his uncle went to the place of incidence and freed Uday, but on the same day at night, he committed suicide by hanging himself from a tree branch beside his house around 10 PM.

⚫ This incident might look like a road rage case, but it clearly isn't. This cruel incident clearly shows us how a person is influenced to the core by the caste systems that his pride of being from an upper caste is disturbed just by the overtaking of the bike.

⚪ If Dalits wouldn't have given reservations and constitutional right such as right to equality, clearly these upper caste Indians wouldn't let lower castes grow in any terms.

P.S.:- According to sub-inspector Singh, the four accused were identified as Raju , Shivaraju, Gopala Krishna and Munivenkatappa.

“We registered an FIR immediately after receiving the complaint. All the four accused are absconding and police teams are searching for them,” the officer said.

The four were booked under Indian Penal Code sections 341 (wrongful restraint ), 34 (Acts done by several persons in furtherance of common intention), 504 (Intentional insult with intent to provoke breach of the peace), 323 (causing hurt) and 306 (Abetment of suicide) as well as provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, said Singh.

Source:- Hindustan Times

@hindustantimes @dalit

[indizombie]

CPM central committee member P Shanmugham who is also vice president of the Tamil Nadu Tribals Association, said that the police booking undetected theft cases on tribal communities like Irulas and Kuravars are common in the state. Though the Criminal Tribes Act was abolished a long time ago, the de-notified tribes like Kuravas still suffer the “criminal tribes” stigma, he said. “If a theft happens, the police are picking up innocent people belonging to the Kurava community. Besides, it is common to see many people belonging to the community have multiple cases,” he said, noting that till a few years ago, the police training syllabus had a chapter called “Kurava crimes”. He said that police booking counter cases on the Dalits who file cases under the SC/ST act has become rampant in the state. He noted that people belonging to the marginalised sections of the society are not able to engage good lawyers and that is the main reason for the high proportion of Dalits and Tribals languishing in prison.

‘Dalits, tribals in prison disproportionate to their population’, Justice News

[bainganeebutch]

Please read and sign this and spread it around. Text of the statement is under the cut. 

CW rape mention

“We, the undersigned, strongly condemn the brutal gang rape and murder of a 19-year-old Dalit woman from Valmiki community in Hathras, in the state of Uttar Pradesh (UP), by four men from the upper-caste community of Thakurs, followed by similar rapes and killings of Dalit women in Balrampur, Bhadohi, Bulandshahr, and Azamgarh in UP, that have sent waves of shock, sorrow, and rage across India and the world. Over and over again, the District and state administration, controlled by the ruling Bharatiya Janata Party, has humiliated and terrorized the family members of victims and survivors, mishandled and misrepresented the cases, and destroyed crucial evidence. This horror is evident in Hathras, where the police refused to hand over the rape victim’s body to her family, and cremated her in the middle of the night to eliminate all evidence — they denied her family the right to hold her for the last time, and to cremate her with dignity, with love, and with rage. The savagery of the police did not stop there — they unconstitutionally declared Hathras a containment zone to suppress protests and to isolate the family from political and civil rights groups who want to support them. In a final attempt to protect the upper-caste perpetrators, rape victim’s family has been threatened with narco tests. All vestiges of rule of law have been stripped away in the service of a Hindutva ideology, which upholds and valorizes Brahmanical caste/gender inequalities and oppression. At this crucial historical moment when George Floyd’s brutal murder by a white police officer in Minneapolis has reignited the Black Lives Matter Movement in the U.S. and across the globe, the rapes and murders of Dalit women in U.P. by upper-caste men have galvanized tens of thousands of protestors across the world to rise up against the police state in the service of violent Hindutva in India, and to demand justice for the victims and survivors of this horrific violence. We stand in unflinching solidarity with all the families of survivors and victims of caste-based violence and join the women’s and feminist organizations and people’s movements across India, as well as their supporters across the world, to demand the following: · The rapists and murderers should be punished stringently as per Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (PoA, hereafter) and all such cases in UP must be investigated expeditiously. The Allahabad High Court must constitute an independent, time-bound Commission of Inquiry into the Hathras episode and hold all perpetrators and enablers of the crime, including police and government officials, fully accountable.

· The families of all the victims must be provided with full security and safety.

· Strict action must be taken as per PoA Act on police and government officials who refused to file an appropriate FIR in time, who cremated the victim in a clandestine way in the dead of the night, who were complicit in covering up and attempting to destroy the case and evidence, persecuting the already distraught family.

· All state governments and Centre must ensure the scrupulous implementation of the PoA, 1989 in addition to the Criminal Law Amendments 2013 and recommendations of the Justice J.S. Verma Committee, 2013. All cases of sexual violence on Dalit and Adivasi women must be fast-tracked, as per PoA.

· The Chief Minister of UP must step down for having failed miserably to protect the constitutional, legal, and human rights of multiple marginalized sections including Dalit, Adivasis and Muslims.

· The state governments must put an end to police and administrative high-handedness, especially the increasing cases of custodial deaths. The attacks on activists, journalists and repression of dissent should stop immediately. · The State must stop criminalizing peaceful and democratic protests that express much needed citizens’ outrage against caste and gender-based violence or atrocities on other marginalized communities.”

[sampark25]

Can We Deliver Justice to the Devadasis? Laws and Current Policy Landscape in India

The devadasi practice was first abolished during the British Raj under Lord Reading in 1925. Since then, many laws and policies have been proposed and passed to protect the rights of Devadasis. However, despite legal sanctions to combat the existence of the system, the Devadasi practice still prevails in different parts of modern India. 

Let us take a look at the laws and policies that are currently functioning at the central and state level in India.

National Legislation

As the Devadasi dedication is largely limited regionally, most of the legislation and policy action is undertaken at the State Government level. However, many national legislative instruments directly criminalise certain aspects of the practice, while several other instruments address other aspects.

Legislation

How Does it Address the Issue?

The Hindu Marriage Act, 1935

The minimum age for a valid marriage of a woman is 18 years, and a breach can lead to penalties including imprisonment and fines.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

In 2015, the dedication of “a Scheduled Caste or a Scheduled Tribe woman to a deity, idol, object of worship, temple, or other religious institution as a devadasi or any other similar practice” was added to the list of prohibited practices and made punishable. Penalties include a minimum imprisonment of six months and may extend up to five years with a fine. 

The Immoral Traffic (Prevention) Act, 1956

Criminalisation of trafficking for sexual exploitation and a punishment of imprisonment up to 7 years with a fine. Penalties for different activities involving prostitution.

The Protection of Women from Domestic Violence Act, 2005

Under Section 2(f), the Act covers not only relationships arising out of marriage but also relationships between persons who live or have lived (at any point of time) together. The relationships between Devadasis and their partners often assume this character

The Prohibition of Child Marriage Act, 2006

Penalization of offenders where the bride or bridegroom are below the statutory age. The Act also sets up a Child Marriage Prohibition Officer to undertake activities that prevent child marriages from occurring, including sensitization, counselling, and awareness building. 

The Protection of Children from Sexual Offences Act, 2012

Protection of children from sexual assault, sexual harassment and pornography and establishment of Special Courts for prosecution of offences under it.

The Juvenile Justice (Care and Protection) Act, 2015

The Act defines ‘child’ as one “who has been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts”, thus applicable to Devadasis.

List of National Legislation that criminalizes many aspects of the Devadasi system

State Legislation

Several state governments, in the regions where the practice is prevalent, have enacted laws to abolish the Devadasi practice. These are: 

The Madras Devadasis (Prevention of Dedication) Act, 1947, which is also referred to as the Tamil Nadu Devadasis (Prevention of Dedication) Act

The Andhra Pradesh Devadasi (Prevention of Dedication) Act, 1947, and amended in 1988

The Karnataka State (Prevention of Dedication) Act, 1982, and amended in 2010 

Goa Children’s Act of 2003 (which contains a chapter on Devadasis)

The Maharashtra Devadasi System Abolition Act, 2005

In terms of objective, the laws are largely similar, in that they focus on preventing child sexual abuse or prohibiting dedication and caste-based atrocities. However, few NGOs have been able to use the legal route to stop the practice as laws are poorly implemented and many families dedicate their daughters in secret (deeply.thenewhumanitarian). Smita Premchanger, Secretary, Sampark strongly advocates economic empowerment and social support as the best ways to tackle the problem at its root cause – poverty, caste and oppression. Sampark is best Women Helping NGO in Bangalore. Sampark works towards enhancing the voice of women, with the philosophy that all women, men and children have the basic human rights to dignity and self-determination, and that all people should have the opportunity and choice to enhance their own potential and well-being

CONTACT DETAILS:

Address: #39, 1st Avenue, Teacher’s Colony, 1st Block Koramangala, Bengaluru, Karnataka 560034

Contact no: +91 080 2553 0196

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Bhirendiyare Village, Meghwal Tribe, Hariygan Dalit community, Gujarat, India

The Meghwal (or Megh, Meghwar) people live primarily in northwest India, with a small population in Pakistan. Their traditional occupation was weaving. Meghwals are known for their contribution to embroidery and the textile industry. Most are Hindu by religion, with Rishi Megh, Kabir, Ram Devji and Bankar Mataji their chief gods. They were considered to be an untouchable community under the Hindu ritual ranking system known as varna and are now classified as a Scheduled Caste under India's reservation system.

The Meghwal women in Rajasthan are renowned for their exuberantly detailed costumes and jewellery. Married women are often spotted wearing gold nose ring, earrings and neckpieces. They were given to the bride as a "bride wealth" dowry by her soon-to-be husband's mother. Nose rings and earrings are often decorated with precious stones of ruby, sapphire and emerald. The Meghwal women's embroidery is avidly sought after. Their work is distinguished by their primary use of red, which comes from a local pigment produced from crushed insects. The Meghwal women artisans of Thar desert in Sindh and Balochistan, and in Gujarat are considered master of the traditional embroidery and Ralli making. Exotic hand-embroidered items form part of dowry of Meghwal woman.

Dalit, meaning "broken/scattered" in Sanskrit and Hindi, is a term mostly used for the ethnic groups in India that have been kept depressed by subjecting them to untouchability(often termed backward castes). Dalits were excluded from the four-fold varna (”caste”) system of Hinduism and were seen as forming a fifth varna, also known by the name of Panchama. The 2011 Census of India recorded their numbers at over 200 million people, representing 16 percent of India's population.

India's National Commission for Scheduled Castes considers official use of dalit as a label to be "unconstitutional" because modern legislation prefers Scheduled Castes; however, some sources say that Dalit has encompassed more communities than the official term of Scheduled Castes and is sometimes used to refer to all of India's oppressed peoples.

While discrimination against Dalits has declined in urban areas and in the public sphere, it still exists in rural areas and in the private sphere, in everyday matters such as access to eating places, schools, temples and water sources. Some Dalits successfully integrated into urban Indian society, where caste origins are less obvious. In rural India, however, caste origins are more readily apparent and Dalits often remain excluded from local religious life.

A sample survey in 2014, conducted by Dalit Adhikar Abhiyan and funded by ActionAid, found that among state schools in Madhya Pradesh, 88 percent discriminated against Dalit children. In 79 percent of the schools studied, Dalit children are forbidden from touching mid-day meals. They are required to sit separately at lunch in 35 percent of schools, and are required to eat with specially marked plates in 28 percent.

Discrimination can also exist in access to healthcare and nutrition. A sample survey of Dalits, conducted over several months in Madhya Pradesh and funded by ActionAid in 2014, found that health field workers did not visit 65 per cent of Dalit settlements. 47 per cent of Dalits were not allowed entry into ration shops; and 64 per cent were given less grains than non-Dalits. In Haryana state, 49 per cent of Dalit children under five years were underweight and malnourished while 80 per cent of those in the 6���59 months age group were anaemic in 2015.

The Government of India has attempted on several occasions to legislate specifically to address the issue of caste-related violence that affects SCs and STs. Aside from the Constitutional abolition of untouchability, there has been the Untouchability (Offences) Act of 1955, which was amended in the same year to become the Protection of Civil Rights Act. It was determined that neither of those Acts were effective, so the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act of 1989 (POA) came into force.

The POA designated specific crimes against SCs and STs as "atrocities" – a criminal act that has "the quality of being shockingly cruel and inhumane" – which should be prosecuted under its terms rather than existing criminal law. It created corresponding punishments. Its purpose was to curb and punish violence against Dalits, including humiliations such as the forced consumption of noxious substances. Other atrocities included forced labour, denial of access to water and other public amenities, and sexual abuse.

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LETTER PETITION REQUESTING TO TAKE IT UP AS PUBLIC INTEREST LITIGATION SEEKING A DIRECTION FROM HON'BLE SUPREME COURT OF INDIA TO STOP ISSUING 41-A NOTICE TO THE ACCUSED WHO ALLEGEDLY COMMITTED OFFENCES UNDER SCHEDULED CASTES AND SCHEDULED TRIBES PREVENTION OF ATROCITIES ACT – 1989 AS AMENDED 2015

DR. B. KARTHIK NAVAYAN Office of M.A SHAKEEL U. D. Jai Bhima Rao, Srikanth Chintala, Nallamasu Krishna, Swapna Gumpula, AdvocatesPLEASE FIND ATTACHED THE SIGNED AND SCANNED LETTER PETITION IN PFR FORMAT, ALONG WITH MATERIAL PAPERS. dr-b-karthik-navayans-letter-petition-to-supreme-court-on-41a-crpcDownload 12/08/2023 Hyderabad To, THE HON’BLE CHIEF JUSTICE OF INDIA SUPREME COURT OF INDIA…