HUMANS OR INHUMANS

HUMANS OR INHUMAN

Being in world of technology / 21^st century where apps are being updated time to time ….but the human minds are still of old version … Caste discrimination , Untouchable is still  on its peak…. High class , middle class , upper middle class and  lower class / scheduled class , are the way humans divided and treated….

The people of scheduled tribe are not treated as humans and are ill treated by the other class people still today … where the people are well -educated  but the mentality  is  still the same. The maids in the house are ill treated , the workers in the factory are misbehaved , the peons in the office are violated …. Why just because they are less educated or they belong to scheduled class…

Seeing this  mistreatment and  ill behavior of  human to human , ATROCITY Act  came into existence …

What is Atrocities ?

To start with , the introduction ….let me ask you how many love to watch the courtroom based movies or movies based on Law…???

I guess not much but few of you must have watched Article 15 …. What is included in it ….????

The discrimination of people  belonging to different caste.

The word Atrocity was not defined  until the act was passed by Parliament in 1989.

Atrocities are the people based in the lower class caste  such as scheduled castes and scheduled tribes.

The people who doesn't have any right according to the so called people.

What is  PREVENTION  OF ATROCITIES ?

Prevention of Atrocities is an act enacted  of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes. The Act was enacted in year 1989.  The Act is popularly known as the SC/ST Act, POA, the Prevention of Atrocities Act, or simply the Atrocities Act.

Why  it was enacted???

It was enacted when the provisions of the existing laws (such as the Protection of Civil Rights Act 1955 and Indian Penal Code) were found to be inadequate to check these crimes (defined as 'atrocities' in the Act)^[1]. Recognizing the continuing gross indignities and offences against Scheduled Castes and Tribes, the Parliament passed the ‘Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act 1989.

Later it kept on amending where in 1995  just rules were implemented. In 2013 the government  nominees were provided at all levels. In 2014 June amendment rules were brought into force

In 2015 many new changes were made and the Act was once again amended.

THE HISTORY OF THE ACT

Atrocities continued to rise with ferocity and frequency – for example, in Bihar the massacres of SCs at Belchi in 1979 and at Pipra in 1980; in Uttar Pradesh the massacre following a SC bridegroom riding on horseback at Kafalta in 1980; in Madhya Pradesh the killing of Bacchdas in Mandsaur district in 1982; in Bihar the killing in police firing on 15 STs at Banjhi in Sahibganj district in 1985. In all such cases, the Indian State at both the national and state levels avoided addressing basic contradictions, vulnerabilities and causative factors; the treatment was mainly symptomatic and palliative instead of the required radical solutions. Under continued pressure from Dalit MPs and political leaders, the magnitude and gravity of the problem was finally recognised by Prime Minister Rajiv Gandhi. In his Independence Address on 15 August 1987, he announced that an Act would be passed, if necessary, to check atrocities.^[4

NECESSITY OF THE ACT

A study conducted by the National Commission for SCs and STs in 1990 on Atrocities on Scheduled Castes and Scheduled Tribes: Causes and Remedies pointed out various causal factors for atrocities.

Despite of various changes in the acts the  the socio and economic condition of the people remain the same.

THE CONDITION OF THE PEOPLE OF SCHEDULE CASTE AND TRIBES:

The root cause of these people was untouchability , labor work , no wages at time , non – payment of wages ,  non- performing of traditional ritual such as digging the burial  pit , arranging various ceremonies…..

A person is considered to stay in the same caste in which he/she is born till death.

Offences Created under the Act

The  amendment act of 2015, listed 22 offences relating to various patterns of behaviors under the criminal process which destroys or shatters the self respect and self esteem of the scheduled tribe and scheduled caste people under the name of caste , socio and economic discrimination.

·         Impeding certain activities related to voting  especially vote or not to vote.

·         Compelling to do manual scavenging or dispose carry ani,al or human carcasses.

·         Abusing  them  publicly under the name of caste.

·         Disrespecting any deceased  or hurting the people against scheduled caste and scheduled tribe.

·         Threatening  or imposing economic boycott.

·         Using acts or words or gestures of sexual nature against scheduled tribe and scheduled caste woman.

·         Intentionally touching a woman in sexual manner without her consent.

·         Preventing them to use public places or property where it is open for all.

ROLE OF PUBLIC SERVANT ACCORDING TO THE ACT
1.    Registering a FIR (FIRST INFORMATION REPORT)or Complaint.
2.    The officer or the government servant should read out the complaint before taking the sign of the victim.
3.    Copy of the report to be given to the Victim.
4.    Availability of Exclusive Public Prosecutor or Public Prosecutor .

                                                       Statistical Data

The number of cases of atrocities against   the Scheduled caste registered are 26,665 in year 2006.In 2007, it was 29,825 and 2008 it was 33,365 that shows  a clear rise in trend.

                                                   REHABILITATION 

To prevent the preamble of the offences of atrocities against scheduled caste and scheduled tribes are  provided with special court for trial of such  offences and get relief and rehabilitation to the victims.

Atrocities Act also includes the child abuse of Scheduled caste and scheduled tribe children.

The same was observed in the Educational Institution where the kids of scheduled caste and tribes were mistreated and misbehaved…The place of Worship ( Educational Institution ) should take the following things in consideration …

WHAT IS CHILD ABUSE?????

Children are always treated as a divine gift from God. Every Human should treat children with love ,care and affection. Children are also tender beings who can be scared by witnessing different kind of atrocities.

Child abuse can be found in every nook and corner of our country in various from India is home for 450 million children and records most number of Child abuse. About 69% children are Physically and verbally abused being from Scheduled caste and Tribes.

The relational forms of caste based discrimination against students is in School and Higher Educational Institution. It includes the following Discrimination:

1.    Discrimination to accessing education.

2.    Discrimination within Education.

3.    Discrimination to development and life opportunities through education.

In exploring the discrimination  within education forms many cases have being reported which are at most level the fact. It covers the wide range where students are seated back in the classroom ,from learning  not allowed to use school facilities , humiliated or de motivated , not allowed to take leadership position , refusing to eat cooked food by Scheduled Caste cooks. Physical Assault, corporal, punishment and physical assault  by dominant caste teachers and children.

Most recently the state has taken into consideration  the negative impact of discrimination in Educational Institutions. The  Right To Education Act 2009,  recognizes and prohibits  the discrimination of Scheduled Caste and Scheduled tribe Students.

THE DO’S THAT THE TEACHERS AND EDUCATIONAL INSTITUTIONS MUST TAKE INTO CONSIDERATION.

·          Each and Every Child should be given equal opportunity to take education.

According to RTE(RIGHT TO EDUCATION ACT) no child can be deined from his or her educational right.

·         The Untouchability should b removed from the mind.

The Act states that their should be no teachings in school based on caste discrimination or  nothing as such  which will hurt the sentiments of the caste.

·          The equal attention and methodology should be used in the classroom for all.

The Act also states that whatever or whichever methods and techniques are used for the teaching should be given equal importance to the all .

·         The equal Leadership opportunities should be given to the SC and ST students as well.

Equal attention and opportunities should be given to all for participation of any extra co-circular activities based on both educational as well as non – educational.

·         They should be allowed to use the school facilities equally.

The kids should be allowed to use each and every facility that the institution provide such as mid day meal , drinking water , utensils , books to the same .(SC/ST)

The Don’t Teachers Should Keep In mind….

·         The  Kids should not be abused related to the caste.

The Act states that no kid in any Educational Institution should be verbally abused based on his /her caste and should not be allowed to any such work under the same.

·         The corporal punishment should be avoided like beating , harassing

The Act also states that No Educational Institution should give corporal punishment like beating ,harassing based on caste discrimination where the Right to Education of kids are questioned.

·         Kids should not be rejected for the admission under the caste discrimination.

According to the RIGHT TO EDUCATION ACT 25 % seats are reserved for Scheduled caste and Scheduled tribe students, to which no kid from ST/SC caste can be rejected from his / her rights to get free education.

LIVE EXAMPLE

1. Teachers Mr. A and Mr.B ( Name of the victim has been changed) were sacked by  management of School of Rajkot, were asked to resign as the parents of several children did not wanted their wards to study under a Dalit teacher.

      “ Parents complained that the teachers  were harassing their         wards. They were refusing the kids to hav snacks in break .”

Through this we come to know that not only Physical harassment but also mental harassment by the teacher can stand under Atrocity Act which can be punishable with imprisonment and fine or both.

2. 12 teachers all together were charged under Atrocity act for harassing two workers in the School over the caste as the teachers belonged to upper caste, they use to abuse them based on their caste

3.   A mother of Class 12^th student filed a case under Atrocity Act as her ward was rejected with the admission process just because he falls under  Scheduled caste.

  Now the question raised is can a person gets arrested directly if  he / she falls under the Atrocity act….

The Supreme Court in March 2018  banned automatic arrest and registration of cases under Atrocities Act,1989.

The Deputy Sp has to conduct an inquiry based on the charge filed to find out the fact.

Lets raise a voice and let all human get equal right ………