Chitralekha, the first Dalit woman to drive an auto-rickshaw in Kerala in 2005. (Photo: Indiaspend)
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Why Crime is Rising Against Dalits and Tribals

In the prosperous district of Kannur in one of India’s most prosperous states, Kerala, Eramangalathu Chitralekha, 39, was the first Dalit woman to drive an auto-rickshaw in 2005. Her new profession immediately angered the upper castes, who taunted her and threatened her with violence.

One day that year, her auto-rickshaw was set ablaze. In 2013, it was damaged beyond repair. The district collector gifted her a new auto-rickshaw in June 2014, but on March 4, 2016, it was destroyed again.

Chitralekha is unclear about her future, but she is clear that she is a victim of Hinduism’s deep-rooted caste discrimination.

My house was ransacked by Nair (upper caste) men. My son was humiliated and forced to drop out of school after eighth grade when stories started doing the rounds that I was a woman of loose morals. He’s 22 now and yet to find a job.
Chitralekha

Chitralekha is a Pulaya, a people termed adiyar, or slaves, in her village of Edatt. “We are low born,” she explained.

We are not permitted to draw water from the same well or eat from the same plates or drink from the same glasses used by the upper castes.
Chitralekha

The destruction of Chitralekha’s auto-rickshaw was one of numerous crimes reported in 2016 against Dalits, the lowest of Hindu castes: From stopping the entry of Dalits into temples–in Uttarakhand, a bridegroom in Haryana, a community in Karnataka–to burning homes and beating women, the murder of a Dalit who married an upper-caste woman in Tamil Nadu and the rape and murder of a law student in Kerala.

These incidents are random snapshots of violence against scheduled castes (SCs) and scheduled tribes (STs) nationwide in 2016, for which data has not yet been compiled. It is unlikely that crimes against SCs and STs—up 40% and 118% over five years till 2014—will buck the trend visible in National Crime Records Bureau data.

Not only do SCs and STs—who comprise 25%, or 305 million, of India’s 1.2 billion people—endure historic and systemic discrimination, as the first part of this series showed, they are targets of growing violence, as they attempt to improve their lives in the world’s fastest-growing economy.

No Shortage Of Laws, Discrimination Is Endemic

As the relentless attacks on Chitralekha show, education and prosperity are no guarantee that attitudes will change.

With India’s highest literacy rate and seventh-highest per capita income, Kerala also has among the highest crime rates against SCs and STs relative to its population.

In absolute terms, in 2014, most crimes against SCs were registered in Uttar Pradesh (8,075), followed by Rajasthan (8,028) and Bihar (7,893), and most crimes against STs were registered in Rajasthan (3,952), Madhya Pradesh (2,279) and Odisha (1,259).

There is no shortage of laws to address the violence against India’s disadvantaged castes and tribes.

Specific laws include the Protection of Civil Rights Act, 1955, and the SC/ST (Prevention of Atrocities) Act, 1989. Besides, the Indian Penal Code (IPC), which governs most crimes in India, has adequate legal provisions–if implemented properly. 

Whenever I filed a complaint against the goons, the police would let them go scot-free. The second time I went to lodge a complaint, the sub-inspector threatened to arrest me, instead!
Chitralekha

However, better reporting and registering appears to be a reason for the rising numbers of crimes against SCs and STs, from 33,412 (SCs) and 5,250 (STs) in 2009 to 47,064 (SCs) and 11,451 (STs) in 2014.

Manjeet’s Murder, The Burning of Jitendra’s Children

Jai Bhagwan does not know why his son was killed on 16 February , 2016.

In the village of Kartarpura in Rohtak, Haryana, Dalits routinely endure abuse, as Bhagwan’s son, Manjeet—who used only one name—did.

He was returning home from work when they killed him .Getting harassed was a daily thing, but this time we don’t even know what happened. The police registered a case against unidentified persons.
Bhagwan

Manjeet was survived by his wife, Suman, son Prince (5) and daughter Kajal (7).

Sometimes, some attacks are so brutal that they—momentarily—make it to national headlines, as did the murders of Jitendra Kumar’s children in Faridabad, about 100 km south of Bhagwan’s home.

Kumar, his wife, two-year-old Vaibhav and nine-month old Divya, were asleep when upper-caste attackers poured fuel and set the house alight.

Both children died, the cause of the attack ascribed to a feud.

Kancha Ilaiah, director of the Centre for the Study of Social Exclusion and Inclusive Policy of Maulana Azad National Urdu University, Hyderabad, said rising violence against SCs and STs was a backlash to their growing assertiveness.

As Dalits Grow Assertive, Scarcity of Jobs Leads to Upper Caste Backlash

According to National Crime Record Bureau (NCRB) data, 704 murders and 2,233 rapes against SCs and 157 murder cases and 925 rapes against STs were reported in 2014.

They (upper castes) are feeling insecure because of the progress of the SCs and STs. It is the natural course of history. The upper castes are still stuck in a world where the Dalits and the tribals are untouchables, to be treated as slaves.
Ilaiah

In February 2016, when the national capital region of Delhi was rocked by violent agitators demanding reservations for upper-class Jats, Dalits were attacked indiscriminately, and some reported killed.

Those riots were a manifestation of India’s inability to create enough employment for the million young people who join the job market every month. Organised industry added no more than 500,000 jobs in all of 2014, as IndiaSpend reported in February 2016. Upper castes, said experts, battle amongst themselves for jobs but join to keep Dalits out of the race.

We all say we have a society moored in equality, but actually we are not. Caste hierarchy and jaatiwad (casteism) are deeply rooted in our society. I see this as a battle for power, where the strong always want to oppress the marginalised.
Dalia Chakrabarti, Jadavpur University.

Rameshwar Oraon, chairperson of the National Commission of Scheduled Tribes, said the rise in crimes against SCs and STs reflects better case reporting and registration. “That said, the commission is still worried and has expressed its concern to the Union government,” Oraon told IndiaSpend. The data backs his concern.

Low Conviction In Crimes Against SC/ST

Compared to a 45% conviction rate for all IPC cases, no more than 28% of crimes against SCs and STs end in conviction, according to NCRB data.

Oraon said the Prevention of Atrocities Act (POA), 1955, and SC/ST (Prevention of Atrocities) Act, 1989 have not been implemented properly. “The state has failed to compensate and rehabilitate victims,” he said.

Our police carry their caste with them; even when they are on duty, they practice discrimination.
Ilaiah

Former Maharashtra Director General of Police, Rahul Gopal confirmed official discrimination. “There were instances where the police discriminated against people from the lower castes,” he said.”The POA Act is of little help.”

In December 2015, the POA was amended to establish special courts to try crimes against SCs and STs and rehabilitate victims.