Denial of Public Spaces to Scheduled Castes in India

Relevance: Relevance: GS Paper II – Polity and Governance / Social Justice

Important Keywords for Prelims and Mains

For Prelims:

National Crime Records Bureau (NCRB), Crime in India Report 2023, Scheduled Castes (SCs), Scheduled Tribes (STs), SC/ST (Prevention of Atrocities) Act 1989, Article 15, Article 17, Protection of Civil Rights Act 1955, Social Boycott, Untouchability

For Mains:

Caste-based discrimination in public spaces, Social exclusion and spatial segregation, Implementation challenges of anti-atrocity laws, Role of institutions in protecting marginalized communities, Constitutional safeguards for equality and dignity

Why in News?

Recent data from the National Crime Records Bureau (NCRB) Crime in India Report 2023 highlights a rising number of cases where Scheduled Castes (SCs) were denied access to public spaces under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Out of 180 such cases reported across India, 173 cases were recorded in Uttar Pradesh, indicating a significant regional concentration of this form of caste-based discrimination.

NCRB Data on Denial of Access to Public Spaces

The NCRB began separately recording the crime category “Prevent or deny or obstruct usage of public place or passage” under the SC/ST (Prevention of Atrocities) Act in 2017.

Key findings from the Crime in India 2023 report include:

180 cases of denial of access to public spaces for Scheduled Castes were recorded nationwide.
173 cases occurred in Uttar Pradesh alone.
Remaining cases were reported from Haryana, Himachal Pradesh, Jharkhand, Madhya Pradesh, and Rajasthan.

This data suggests a significant concentration of cases in a single State.

Trends Since 2017

The category of denial of access to public spaces was introduced in 2017 as part of NCRB’s effort to improve classification of crimes under the SC/ST Act.

In the first year (2017):

Only 12 cases were recorded across the country.
These were distributed among States such as Himachal Pradesh, Punjab, Karnataka, Kerala, and Maharashtra.
Uttar Pradesh reported zero cases under this category in 2017.

However, from 2018 onwards, the number of reported cases increased steadily.

Concentration of Cases in Uttar Pradesh

A striking feature of the NCRB data is the dominant share of cases reported from Uttar Pradesh.

Key trends include:

2018: Uttar Pradesh accounted for about 68% of cases reported nationwide.
2019: The share increased to around 80%.
2022: Over 98% of such cases were reported from Uttar Pradesh.

In 2022, India recorded 305 cases, of which 300 cases were from Uttar Pradesh.

According to the National Campaign for Dalit Human Rights (NCDHR), this rise reflects persistent caste-based spatial segregation and discrimination in rural areas.

Denial of Public Spaces as Social Exclusion

Denial of access to public spaces often occurs in rural areas where traditional caste hierarchies influence social relations.

Examples include restrictions on access to:

Temples
Village pathways
Water sources such as wells and tanks
Community facilities
Cremation grounds

Despite modernization and legal protections, some communities continue to view the presence of Scheduled Caste individuals in shared spaces as violating notions of ritual purity and social hierarchy.

Such practices represent continuing forms of untouchability, which are constitutionally prohibited.

Underlying Reasons for Denial of Public Spaces

Caste-Based Spatial Segregation

Many villages still maintain informal caste-based settlement patterns, where dominant castes control key public spaces and resources.

This can result in:

Restrictions on entry to certain public areas
Social boycott or intimidation
Segregated access to community facilities

Dominance of Local Power Structures

Local social hierarchies often reinforce discriminatory practices.

Several factors contribute to this:

Land ownership patterns, where dominant castes control agricultural land.
Economic dependence of marginalized communities on dominant groups.
Influence of informal caste councils and traditional authority structures.

These factors allow dominant groups to enforce exclusion through intimidation or social pressure.

Weak Enforcement of Anti-Atrocity Laws

Although the SC/ST (Prevention of Atrocities) Act, 1989 criminalizes denial of access to public spaces, implementation challenges remain.

Common issues include:

Delays in First Information Report (FIR) registration
Inadequate police investigation
Low conviction rates in atrocity cases

These gaps weaken the deterrent effect of the law and allow discriminatory practices to persist.

Limited Awareness of Legal Rights

Many marginalized communities lack awareness of their legal protections.

Consequently:

Victims may hesitate to report discrimination.
Access to legal remedies may be limited.
Institutional redress mechanisms remain underutilized.

Improving legal literacy and awareness is therefore crucial.

Legal and Institutional Protections

India’s constitutional and legal framework includes several safeguards against caste-based discrimination.

Article 15

Prohibits discrimination on the basis of religion, race, caste, sex, or place of birth and guarantees equal access to public spaces.

Article 17

Abolishes untouchability and declares its practice in any form to be a punishable offense.

Article 21

Guarantees the right to life with dignity, interpreted by courts to include freedom from social discrimination.

SC/ST (Prevention of Atrocities) Act, 1989

Criminalizes acts such as:

Denial of entry to public places
Prevention of access to water sources
Social boycott and humiliation of SC/ST communities

Protection of Civil Rights Act, 1955

Provides additional legal safeguards against practices arising from untouchability.

National Commission for Scheduled Castes

Monitors safeguards for Scheduled Caste communities and investigates complaints related to discrimination.

Steps to Democratize Public Spaces

Experts suggest several measures to reduce caste-based exclusion.

Promote Spatial Justice

Public facilities such as Panchayat Bhavans, Anganwadis, water sources, and ration shops should be located in neutral or SC-dominated areas to ensure equal access.

Strengthen Social Audits

Gram Sabha social audits can help identify and address instances of untouchability or spatial exclusion.

Ensure Official Accountability

Strict enforcement of Section 4 of the SC/ST Act, which penalizes public officials who fail to perform duties such as registering complaints.

Establish Special Courts

District-level exclusive special courts can speed up trials in atrocity cases.

Promote Social Awareness

Public campaigns inspired by the ideas of B.R. Ambedkar, Jyotirao Phule, and Periyar E.V. Ramasamy can promote anti-caste values and constitutional morality.

Conclusion

The denial of access to public spaces for Scheduled Castes reflects the persistence of caste hierarchies and social exclusion in parts of India. While legal protections exist, gaps in enforcement, social norms, and power structures continue to sustain discriminatory practices.

Addressing this challenge requires strong law enforcement, greater legal awareness, social reform, and sustained commitment to constitutional values of equality and dignity

UPSC PYQ

Q. Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?

A. Right against Exploitation

B. Right to Freedom

C. Right to Constitutional Remedies

D. Right to Equality

Correct: D

Explanation

Right to Equality. Under the Indian Constitution, the Right to Equality is a cluster of fundamental rights spanning from Articles 14 to 18. Specifically, Article 17 expressly abolishes “Untouchability” and forbids its practice in any form, making it a punishable offense.

The classification is as follows:

Right to Equality (Articles 14–18): Includes Article 17, which protects individuals from discrimination based on untouchability.
Right against Exploitation (Articles 23–24): Deals with human trafficking and forced labor, not caste-based social exclusion.
Right to Freedom (Articles 19–22): Covers liberties like speech and movement.
Right to Constitutional Remedies (Article 32): Provides the mechanism to approach the Supreme Court for enforcement of rights but is not the substantive right itself.

CARE MCQ

Q. With reference to the National Commission for Scheduled Castes (NCSC), consider the following statements:

I. NCSC is a constitutional body under Article 338.
II. The 89th Constitutional Amendment separated the SC and ST Commissions.

Which of the statements given above is/are correct?

A. I only

B. II only

C. Both I and II

D. Neither I nor II

Answer: C

Explanation:

Statement I – Correct: The NCSC is a Constitutional Body established under Article 338 of the Constitution of India.
Statement II – Correct: The 89th Constitutional Amendment Act, 2003 split the earlier combined commission into:
- National Commission for Scheduled Castes (NCSC) under Article 338
- National Commission for Scheduled Tribes (NCST) under Article 338A

Additional Information:

Initially, Article 338 provided for a Special Officer for Scheduled Castes and Scheduled Tribes.
The 65th Constitutional Amendment Act, 1990 replaced the one-member system with a multi-member commission.
The NCSC submits its report annually to the President on the working of constitutional safeguards for Scheduled Castes.