**Executive Summary**
This document is the answer provided by the Minister of State for Social Justice and Empowerment to Unstarred Question No. 411 in Lok Sabha, concerning the existence of untouchability. The question, asked by Shri Anil Yeshwant Desai, addresses the prevalence of untouchability, governmental measures against caste-based discrimination, misuse of SC/ST laws, and the number of pending cases under the SC/ST Act. The response includes statistical data, legal provisions, and monitoring mechanisms. The answer will be tabled on 02.12.2025.
**Key Points / Main Content**
* **Untouchability Statistics:**
* The National Crimes Record Bureau (NCRB) publishes crime statistics in 'Crime in India,' available up to 2023.
* In 2023, 24 cases of untouchability against Scheduled Castes and Scheduled Tribes were reported under the Protection of Civil Rights (PCR) Act, 1955.
* **Legal Provisions Against Untouchability:**
* Article 17 of the Constitution of India abolished untouchability and made its enforcement a punishable offense.
* The Protection of Civil Rights (PCR) Act, 1955 prescribes punishment for enforcing disabilities arising from untouchability.
* The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (PoA) Act) prevents atrocities against members of Scheduled Castes (SCs) and Scheduled Tribes (STs). It was amended in 2016 and 2018.
* **Government Measures and Monitoring:**
* A central-level committee reviews the implementation of the PCR Act, 1955, and the SC/ST (PoA) Act, 1989.
* The committee is headed by the Union Minister for Social Justice and Empowerment, co-chaired by the Union Minister for Tribal Affairs and includes members from various ministries and commissions.
* The Department of Justice holds regular meetings with State Governments/UT administrations to monitor implementation of the PCR Act, 1955 and the SC/ST (PoA) Act, 1989.
* The Government of India issues advisories to State Governments/UTs for the effective implementation of these Acts.
* **Misuse of SC/ST Laws:**
* States have reported instances of the misuse of SC/ST laws.
* States act as per the relevant legal provisions.
* **Pending Cases:**
* NCRB compiles and publishes statistical data on crimes in its publication 'Crime in India,' available up to 2023.
* 3,07,355 cases are pending under the SC/ST (PoA) Act, 1989.
* 965 cases are pending under the PCR Act, 1955.
**Impact Analysis**
**Central Government**
* **Impact** The Central Government is responsible for monitoring and reviewing the implementation of laws related to untouchability and atrocities against SC/ST communities.
* **Action Required** The Government must continue to issue advisories, conduct meetings, and oversee the central-level committee to ensure effective implementation of the PCR Act and SC/ST (PoA) Act.
**State Governments/UT Administrations**
* **Impact** State Governments/UT administrations are responsible for enforcing the PCR Act and SC/ST (PoA) Act within their jurisdictions. They are also responsible for reporting instances of misuse of SC/ST laws.
* **Action Required** State Governments/UT Administrations must implement the Acts in letter and spirit, prevent discrimination based on caste, and act as per relevant legal provisions when misuse of SC/ST laws is reported.
**National Crimes Record Bureau (NCRB)**
* **Impact** The NCRB is responsible for compiling and publishing statistical data on crimes related to untouchability and atrocities against SC/ST communities.
* **Action Required** The NCRB must continue to compile and publish crime statistics to inform policy and decision-making.
**Scheduled Castes (SCs) and Scheduled Tribes (STs)**
* **Impact** SCs and STs are the beneficiaries of the PCR Act and SC/ST (PoA) Act, which aim to protect them from discrimination and atrocities.
* **Action Required** SCs and STs should be aware of their rights and the legal provisions available to them and report any incidents of discrimination or atrocities.
Key Entities Referenced
Protection of Civil Rights (PCR) Act, 1955: An Act of Parliament that prescribes punishment for enforcement of any disability arising from the practice of 'untouchability'.
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) {PoA} Act, 1989: An Act of Parliament enacted to prevent atrocities against members of Scheduled Castes (SCs) and Scheduled Tribes (STs).
Ministry of Social Justice and Empowerment: The central ministry responsible for addressing untouchability and related issues.
Article 17 of the Constitution of India: Article that abolished 'untouchability' and forbade its practice.
National Crimes Record Bureau (NCRB): The Indian government agency responsible for collecting and analyzing crime data, including cases related to untouchability.
GOVERNMENT OX'INDIA
MINISTRY OT'SOCIAL JUSTICE A}{D EMPOWERMENT
LOKSABHA
I
UNSTARRED QUESTION NO.41
TO BE ANSWERED ON 02.T2.2025
E)(ISTENCE OF I]NTOUCHABILITY
411. SHRI AIIIIL YESIIWANT DESAI:
WilI the Minister of SOCIAL JUSTICE AIID EMPOWERMENT be pleased to state:
(a) whether there is existence of any type of untouchability in any part of any States of the
country, ifso, the details thereof, State-wise;
(b) the steps taken by the Govemment to issue any guideline to the States to ensure tlat there
is no discrimination on the basis ofcaste ofany person;
(c) whether there is any instance of misuse of SC/ST laws to frame any individual, if so, the
details of the legal provisions are there to award any punishment for the misuse to frame any
individual; and
(d) the number of cases pending under the provisions to SC/ST Act in various courts at the
moment, State-wise?
ANSWER
MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT
(sHRr RAMDAS ATHAWALE)
(a): National Crimes Record Bureau (NCRB) compiles and publishes statistical data on
crimes in its publication 'Crime in India'. The published reports are available till the year
2023. As per the report, provided by NCRB, 24 cases of untouchability against Scheduled
castes and scheduled Tribes under the Protection of civil Rights (PCR) Act, 1955 are
reported for the year 2023.
(b): Article 17 of the Constitution of lndia abolished 'untouchability', forbade its practice and
made enforcement of any disability arising out of 'untouchability" a punishable offence in
accordance with law. An Act of Parliament namely the 'Protection of civil Rights (PCR) Act,
1955 prescribes punishment for enforcement of any disability arising from the practice of
'untouchability. Another Act of Parliament namely the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) {PoA} Act, 1989, was enacted to prevent atrocities against
members of Scheduled Castes (SCs) and Scheduled Tribes (STs)' The SC/ST (PoA) Act,
1989 was amended in the year of2016 and 2018 respectively and the Rules made thereunder
were also revised.At the Cenhal level, a Committee under the Chairpersonship of the Union Minister
for Social Justice and Empowerment, with the Union Minister for Tribal Affairs as Co-
chairpersory and comprising members from the Ministry of Home Affairs, Ministry of Law
and Justice, Department of Justice, National Commission for Scheduled Castes, National
Commission for Scheduled Tribes, and three non- offrcial members (two from among the SCs
and one from the STs), reviews the implementation status of the Protection of CMI Rights
(PCR) Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of
Ahocities) (PoA) Act 1989, in States and Union Territories.
Further, Deparhnent also holds regular meetings with the State Govemments and
Union Territory Administrations to monitor the implementation of the PCR Act, 1955 and the
SC/ST @oA) Act, 1989. State GovemmentVUT administations are advised to ensure
preventing of discrimination on the basis of cast of any person and implement these Acts in
letter and spirit. The Govemment of India, from time to time, has been issuing Advisories to
State GovemmentVUT Administrations for effective implementation of Protection of Civil
Rights (PCR) Act, 1955 and the Scheduled Castes and the Scheduled Tribes @revention of
Atrocities) Act 1989.
(c): Misuse have been reported by States who act as per relevant legal provisions.
(d): National Crimes Record Bureau (NCRB) compiles and publishes statistical data on
crimes in its publication 'Crime in India'. The published reports are available till the year
2023. As per the report, provided by NCRB, 3,07,355 cases aFe pending in the court under
the SC/ST @oA) AcL 1989 and 965 cases are pending in the court under the PCR Act 1955.
*****