13 years of neglect: How Rajasthan governments violated the SC/ST Act

RTI data shows that Rajasthan’s SC/ST Vigilance Committee was supposed to meet twice every year but met only twice in 13 years.

Himanshi Dahiya

Published: 30 Jul 2024,

Rajasthan has violated the historic Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) enacted in 1989, such that the state-level vigilance and monitoring committee has held only two meetings since 2010, while according to the rules, it has been given the responsibility to hold two meetings every year. This information was obtained by The Quint under the Right to Information (RTI).

Under Rule 16 of the SC/ST Act, this committee headed by the Chief Minister of the state has been entrusted with the task of reviewing the provisions of the Prevention of Atrocities Act and the committee has to review it by holding two meetings every year.

The RTI data and the latest data tabled by the Government of India in Parliament are in sync with each other, showing how crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs) saw a sharp rise across the country between 2018 and 2022.

While in Rajasthan, in particular, cases of atrocities against these two castes doubled during the same period, from 4,607 in 2018 to 8,752 in 2022, states like Uttar Pradesh and Madhya Pradesh top the list in terms of crimes against SCs and STs during this period.

According to the RTI data, the first meeting of the State Level Vigilance and Monitoring Committee in Rajasthan was held on 16 February 2010 and the second meeting was held 13 years later on 8 August 2023. Both times, senior Congress leader Ashok Gehlot was the Chief Minister.

RTIs have also been filed in other states like UP, MP and Odisha regarding the same data but the response is yet to come. These three states had the highest number of cases of atrocities against SCs and STs.

Role of SC/ST Act and Vigilance and Monitoring Committee

The SC/ST Act was passed by the Parliament of India on 11 September 1989 and its rules were notified on 31 March 1995. Rule 16 and 17 of the Act provide for the formation of state and district level vigilance and monitoring committees.

This committee, consisting of more than 25 members, is headed by the Chief Minister of the state.

Other members include: home minister, finance minister, welfare minister, MPs and MLAs from SC and ST communities, chief secretary, home secretary, director general of police (DGP), and director of the National Commission for Scheduled Castes and Scheduled Tribes.

RTI data shows that Rajasthan’s SC/ST vigilance committee was supposed to meet twice every year but met only twice in 13 years.

The rule further states: “The High Power Vigilance and Monitoring Committee shall meet at least twice in a year in the month of January and July to review the provisions of the Act as implemented, relief and other facilities provided to the victims and other matters connected therewith, cases registered under the Act, role of various officers/agencies responsible for implementing the provisions of the Act and reports received by the State Government.”

Rajasthan-based social activist Bhanwar Meghvanshi said the RTI reports show how the government is not serious about the Atrocities Act. Meghvanshi told The Quint:

“What we have found is very little. Neither the government nor the police administration is serious about the Atrocities Act. In most cases, if you speak to the investigating officers, you will know how every investigation begins, as if the police assume the case is false and the Dalit Act is being misused.”

He added: “The Act lays down a framework to make Dalits and Adivasis aware of their rights. It mandates those in power to spread awareness. But successive state governments have failed to do so. And when such meetings do not take place, there is no scope for accountability.”

‘Contempt case’

In fact, since the notification of the rules in March 1995, the committee was supposed to meet 59 times, but has met only twice.

In 2015, the Centre for Dalit Rights filed a petition in response to which the Rajasthan High Court directed the state government to “constitute district and state level vigilance and monitoring committees in accordance with Rule 17 and 16 of the 1995 Rules.”

Speaking to The Quint, Satish Kumar, director of the Centre for Dalit Rights in Rajasthan, said the Rajasthan government’s failure to hold regular meetings of the vigilance and monitoring committee amounted to a direct contempt of court.

“In response to our petition in 2015, the High Court had asked the government to constitute this committee, and if it has not done so, it should do so now. So, the government is in direct violation of the court’s order,” Kumar said.

Caste-based crimes in Rajasthan

Cases of caste-based atrocities in Rajasthan continue to make headlines.

In 2022, a nine-year-old Dalit boy from Jalore died after he was allegedly beaten up by his teacher, the reason for the beating being because he drank water from a vessel meant only for upper caste people in school.

The same year, 28-year-old Jitendra Meghwal was stabbed to death in Pali district allegedly for growing a moustache.

Kartik Bhil, a tribal activist from Siroha district, died allegedly because a local MLA hired some people to beat him up. He was beaten up very badly by the goons.

According to data from the National Crime Records Bureau (NCRB), the crime rate against SCs and STs in Rajasthan has seen a steady increase between 2018-2022. In the case of Scheduled Castes, the crime rate increased from 37.7% in 2018 to 71.6% in 2022, while the conviction rate declined from 43.6% in 2018 to 39.5% in 2022.

RTI data shows that Rajasthan’s SC/ST vigilance committee was supposed to meet twice every year but met only twice in 13 years.

The crime rate in cases related to atrocities against STs increased from 11.9% in 2018 to 27.3% in 2022. During the same period, the chargesheet filing rate remained low, with only close to 50% of cases being chargesheeted. The conviction rate remains low despite a steady increase.

Courtesy:  The Quint

Note: This news was originally published in thequint.com and was used only for non-profit/non-commercial purposes, particularly for human rights.