The difference between us

Last year four British police officers had to quit their jobs after a BBC documentary exposed racism in its ranks. Seven recruits and an off...

Last year four British police officers had to quit their jobs after a BBC documentary exposed racism in its ranks. Seven recruits and an officer were identified as making racist remarks in 8216;The Secret Policeman8217;, a BBC documentary made using Tehelka-style techniques. It was the same period when the racism prevalent in the police force had become a national issue in Britain and the training programme held under the auspices of the British police to make its staff more race sensitive was widely reported. It was a notable feature of this episode that despite the British Home Secretary David Blunkett8217;s open criticism of the documentary, action was initiated against the guilty officers for their 8216;8216;obscene8217;8217; comments.

Recently, the 8216;Report on Prevention of Atrocities against Scheduled Castes8217; brought out by the National Human Rights Commission NHRC was released. This comprehensive report makes a brilliant analysis of the Dalit issue in its entirety and also delineates the way the state has responded to it. The lukewarm attitude of various governments towards the issue of oppression of the Dalits as well as the societal mindset which reinforces this strutctured hierarchy and legitimises the continuing discrimination in various fields of social and political life has been well documented.

An important aspect of this report is the way it throws light on the caste mindset pervading the functioning of the police. It speaks about the 8216;8216;discriminating behaviour of the police against people from the socially underprivileged classes, bordering on sabotaging justice8217;8217; and exposes how it 8216;8216;goes out of the way to protect members of high caste Hindus who perpetrate violence against Dalits seeking justice8217;8217;. It can be said to be the first report of its kind which does a sociological analysis of the actions of the police at the national level taking into consideration inequities based on caste as well as, to an extent, gender. It is a sad commentary on the state of affairs that even registration of the case by the Dalit faces many obstacles. According to the report, 8216;8216;the police resort to various machinations to discourage Scheduled Castes and Scheduled Tribes from registering a case, to dilute the seriousness of the violence and shield the real accused who may be caste Hindus.8217;8217;

The study also tells us that if at all the police registers a case, the provisions of the comprehensive Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 are rarely invoked 8216;8216;so as to avoid punitive measures against the accused8217;8217;. Normally, cases are registered under the Protection of Civil Rights Act, which is a much leaner act which results in the perpetrators being punished with a lesser sentence, rejection of claims for compensation by the victims, and release of accused on bail.

There are two important legislations related to Article 17 of the Constitution which abolished untouchability. Initially the Untouchability Offences Act, 1955, now known as the Protection of Civil Rights Act, 1955 had been enacted to abolish the practice of untouchability and social disabilities arising out of it against SCs. Under the revised Act the practice of untouchability was made both cognisable and non-compoundable and stricter punishment was provided for the offenders. To check the commission of atrocities on SCs and STs, the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989, came into force on January 31, 1990. The Act, inter alia, specifies some types of offences as atrocities, provides for imposition of stricter penalties for the guilty and the setting up of special courts for speedy trial of such cases.

According to this report, authored by a retired IAS officer, the other aspect of state violence against Dalits is the treatment meted out to them in police custody in connection with cases of criminal nature. In such cases also police 8216;8216;reserves8217;8217; barbaric interrogation methods for their Dalit subjects, inflicts serious injuries on them which may culminate in their deaths. Apart from custodial deaths, killing of Dalits in gun battles was the next favoured means of elimination used by the police. Activists fighting for Dalit or tribal rights also face the vengeance of the police.

Any justice loving person would agree that the NHRC report is a sad commentary on the state of affairs in the 54th year of our republic. It is time that the perpetuation of inequalities in our society, of caste and gender as well as community, become a concern for everyone.

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It remains to be seen whether the concerns reflected in the report are addressed with seriousness by the people in power or whether the recommendations face the fate of previous reports which were also prepared with many good intentions.