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The SC/ST (Prevention of Atrocities) Act, 1989: Dilution by the Courts

April 5, 2021

The Prevention of Atrocities (Scheduled Caste and Scheduled Tribes) Act 1989 (“Act”) is aimed at countering the multifarious ways in which caste discrimination is played out. The Act is a criminal law that punishes caste-based atrocities against the members of SC/ST by non-SC/ST persons. Despite a stringent law, the conviction rates under the Act are tremendously low and there is a great delay in the investigation of the cases.  

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B.R. Ambedkar’s Idea of Separate Settlements

March 1, 2021

In 1951, the District Collector of Pune requisitioned certain land for the development of a Kashiwadi Harijan Colony for the upliftment of Dalits. This was challenged by several landowners whose plot was listed to be acquired. The Court, in this case, held that such an acquisition would be discriminatory against non-Dalits under Article 15(1) of the Constitution. It stated that several people from different communities were also disadvantaged. Thus, such an arrangement was deemed to be discriminatory and against public purpose. And so, the Collector’s plan to create a separate settlement for the Dalit community was blocked.

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Thou Shall Not Eat: Discrimination on the basis of food preference

August 12, 2020

Clause 3 of the CLPR Equality Bill,2020 prohibits discrimination on the basis of protected characteristics. Clause 2(oo)(i) mentions food preference as one of the protected characteristics. Prohibition of discrimination on the basis of food preference is refreshingly new in the Indian socio-legal context.

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Justice not accessible for victims of atrocity in Tamil Nadu during Covid19

April 30, 2020

Under Article 226 of the Constitution of India, 1950, every citizen of this country has the right to constitutional remedies when their fundamental rights have been violated by the State. These remedies may be accessed by approaching the respective High Court. However, during the lockdown imposed due to the outbreak of COVID-19, these constitutional guarantees remained only on paper in Tamil Nadu.  Both the Chennai and Madurai benches of the Madras High Court and their Subordinates Courts have shut their doors, of course with the primary intention of controlling the spread of COVID-19. However, the courts and the legal process have become completely inaccessible for the common man, especially the most vulnerable sections of the society like individuals from Scheduled Caste and Scheduled Tribe communities.

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Equality Bill 2019 | May 15th Consultation

June 11, 2019

On 15th May, we organised a consultation on our Equality Bill 2019 (“Bill”) in Hyderabad. The CLPR team presented the provisions of the Bill and sought suggestions, inputs and feedback from the participants, which included various academics and members of civil society organisations working with marginalised groups. This blog post presents the key points of the consultation.