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A Conversation with Kiruba Munusamy on Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act

    Home blog A Conversation with Kiruba Munusamy on Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act
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    A Conversation with Kiruba Munusamy on Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act

    By Shonottra Kumar | Uncategorized | 0 comment | 29 January, 2021 | 0

    Last year, on Ambedkar Jayanti, we spoke to Kiruba Munusamay, an Advocate at the Supreme Court of India and Founder of Legal Initiative for Equality, to understand the impact the law on prevention of atrocities had and the remedies available under it to those marginalised by the caste system in India.

    Kiruba is a judicial activist striving for social justice and equality. She played a vital role in the landmark police appointment of transwomen case and have filed many Public Interest Litigations such as Chennai Floods. She provided us with some eye-opening details on the workings of this law and how best to access remedies under it. Here is the conversation that followed:

    In your experience as a lawyer and a dalit rights activist, has there been any visible social development since the passing of the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989?

    Not in my experience, but immediately after enactment of the PoA Act, there was a visible change. Perpetrators were afraid of punishment and the community felt protected.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    However, the court's have diluted the purpose of the Act by continuous acquittal of the dominant-caste accused persons setting a precedent that the perpetrators need not worry about the law, as the justice system is there to acquit them.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    This also gave an indirect instructions to the law enforcement agencies to not take the caste atrocity cases as serious offence and since then the struggle of the oppressed groups to even register a case continues.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    I've been to police station for registration of cases. I don't have a single experience of a police officer committing for the justice of the oppressed who has faced violence.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    And the Supreme Court diluted it further by the Subash Mahajan judgment in 2018. After which the myth of false cases was taken to the next level providing a legal santion encouraging the wilful negligence of the law enforcement agencies.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    However, as a law, PoA is one of the strongest laws that could protect the historically oppressed group from caste atrocity and caste-based discrimination. It could become more effective if the criminal justice system truly commits itself for equality.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Has the SCST (PoA) Act been effective in terms of providing rehabilitation to victims? If not, what are the other options available to them?

    There are cases in which the PoA Act has been properly implemented and have ended in conviction. If you ask if the Act is effective, definitely yes. The Act is very well effective in rehabiliating the victims. However, it depends on the authorities who implement it.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    The conviction rate between 2011 to 2016 has varied from 23 to 32 per cent. It is impossible to have at least this percentage of conviction if the law isn't effective. pic.twitter.com/xY23jUb1aF

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    The primary problem in the implementation of the Act is that the admissibility and credibility given to the witnesses depends on the perspective and interpretation of the judge handling the case.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    In most cases, victims and witnesses are neither provided with travel allowance nor protection from the perpetrator and their caste groups. When most of the victims and witnesses are daily wage labourers we cannot expect them to fight the case to a great extent.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Apprehensions like social boycott and counter complaints are also barriers in the victim's right to access the courts, let alone justice. Therefore, it is visible that the victims have to be guaranteed with both social and legal protection.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Dalits believe in law and the justice system. It might be because of the romanticization that Dr. Ambedkar made the Constitution for us and it ought to be protect. In this case, even if you show other alternatives, many have been stubborn in sticking to the due process of law.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    The only other relief available to the victims is annihilating the system of caste through engaging themselves with the socio-political movements that educate victims with anti-caste ideologies and agitates against social inequality.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    For me, justice is socio-political rather than legal.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Read more about the law on relief and rehabilitation for victims of atrocities here.

    In common parlance, people often use slurs like ‘chamaar’, ‘bhangi’, etc. in jest. Is it illegal to use such words against persons belonging to scheduled castes and scheduled tribes?

    Of course, the use of terms such as 'chamaar' and 'bhangi' is derogatory and amounts to the harassment and insulting of the members of the SC/ST's. Like sexist jokes cannot be allowed at any cost, casteist slurs, intentional or unintentional, cannot be permitted in jest.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    The terms mentioned refers to a particular caste based on the indignified occupations imposed by the system of caste. It is not proudly carried brahmin-upper caste surnames which resembles that they are land-owning/ruling caste groups.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    In a way, its true that the sensitization of citizens is crucial and needed. On many occasions, even judges need to be sensitized about caste-based discrimination and sexual offences.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Read more about the law punishing cruel and degrading treatment of scheduled castes and scheduled tribes here.

    What are the options available to members of scheduled castes and scheduled tribes when the police refuse to register an FIR for atrocities committed against them?

    When a police officer refuses to register a complaint, the victims can approach the highest authority such as the Superintendent of Police or Commissioner of Police with the complaint given in the police station.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Many times their response is quite good and quick. They refer the matter immediately to a DSP who should investigate the case as per the Act. Some times, they even follow up the matters. When we elevate a complaint to the higher officials, it is easy to track for an update.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Based on the response, a petition to register the case can be filed in the High Courts. In which the police station where the case was originally given and the higher authority to whom the complaint was elevated can be made parties.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    A complaint with the facts is more than enough for the court to take cognizance of the matter and direct for registration of cases.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    When an FIR is filed for a crime or atrocity committed against a member of the scheduled castes or scheduled tribes, no preliminary inquiry needs to be conducted by the investigation officer before the said filing. Read more on how to file FIRs here.

    Do caste biases and caste-based discrimination exist in online spaces as well? What are the remedies available to victims in such cases?

    Online spaces are no different from offline spaces. In fact, the amount of caste-based abuses and slurs are way higher than the offline spaces. A person can be anonymous, gang up easily, just their caste or religious identity is more than enough to mobilize against the target.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Online spaces ensure freedom of speech and the liberty to uphold any progressive ideology that is allowed by social morality. Therefore, the intolerance towards different ideas and opinion is higher in the online spaces.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Even women who are considered innocent in real lives, uphold their caste pride and exert caste-based online violence against Dalit women.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Online violence can be reported in the same manner we report offline violence. However, the police officials are not sensitized and trained with online violence and a person's right to express here.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Police officers, on a complaint, advice not to pursue online abuses under the guise of protecting the victim's identity. In many cases, they don't want to invest time and energy chasing someone who has abused a Dalit or women.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    However, police responses have been different for people belonging to different identities. For more reading please refer:https://t.co/9FrLXueGiU

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Read more about the law on online abuse and how to report it here.

    Do scheduled caste and scheduled tribe women have special protections under the SCST (PoA) Act, 1989? Why is an intersectional perspective important in such cases?

    The 2015 and 2016 amendments of the PoA Act are very important in the protection of SC/ST women. The amendments included new offences and ensured speedy justice in the cases of rape and gang rape.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    It is sad that caste atrocities committed against SC/ST women are always sexual in nature and often ends in the murder or leads to death. The caste-groups exert violence against SC/ST women as a revenge against the entire community.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    SC/ST women face violence as a Dalit and a woman. Their caste and gender identities make them more vulnerable and susceptible to caste-based violence.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    The violence against SC/ST women are committed from the power of patriarchy that the caste-system have provided for the Brahmin-dominant caste men. Unless the SC/ST women are liberated from the cruel system of caste, Brahmin-dominant caste women cannot liberate themselves.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    Annihilation of caste and dismantling patriarchy are correlated. One cannot be achieved without the other. Therefore, intersectional perspective in fighting against the violence against women is vital.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    However, amendments have to be made in the PoA with an update of online violence listed and included as a form of atrocity. Except for a Delhi High Court judgement, we don't have a provision to protect members of SC/ST, especially women from caste-based online violence.

    — Kiruba Munusamy (@kirubamunusamy) April 14, 2020

    To know more about the laws protecting members of scheduled castes and scheduled tribes, read this explainer. If you have any questions on the prevention of atrocities law or any related laws, Ask Nyaaya.

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    Andhra Pradesh

    Girl Child Protection Scheme

    The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

    • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
    • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
    • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

    More information on this scheme can be found here.

    Bangaru Thalli Scheme

    Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

    Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

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    Manjoni Scheme

    Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

    More information on this scheme can be found here.

    Bihar

    Mukhyamantri Kanya Suraksha Yojana

    Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

    • At birth: Rs 2000
    • Age 1 upon issuance of Aadhar card: Rs. 1000
    • Age 2: Rs. 2000
    • Passing 12th grade: Rs. 10,000
    • Graduation: Rs. 25,000

    These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

    Goa

    MAMTA scheme for girl child

    With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

    There is an online application for this scheme. More information on this scheme can be found here.

    Gujarat

    Kunwarbai Nu Mameru Yojana

    The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

    More information on this scheme can be found here.

    Haryana

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    The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

    The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

    More information on this scheme can be found here.

    Himachal Pradesh

    Indira Gandhi Balika Suraksha Yojana

    Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

    The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

    Beti Hai Anmol Yojana

    Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

    More information on this scheme can be found here.

    Jammu and Kashmir

    Ladli Beti Scheme

    Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

    More information on this scheme can be found here.

    Jharkhand

    Ladli Lakshmi Yojana

    Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

    Karnataka

    Karnataka Bhagyashree Scheme

    With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

    The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

    • The girl child gets a health insurance cover of upto Rs. 25,000 per month
    • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
    • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
    • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

    Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

    Kerala

    Education Assistance to Women Headed Families

    The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

    More information on this scheme can be found here.

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