Why do administrative orders on access to common resources often fail at village level? Suggest a framework for preventive enforcement under the SC/ST (PoA) Act.
New · District CollectorCan you hold the district for 72 hours?Floods, a heatwave, an outbreak, a grievance queue. Take the decisions, see the consequences.Play →Article 17 abolishes untouchability "in any form". The 2015 amendment to the SC/ST (PoA) Act made it an offence to block SCs from burial grounds or to impose an economic boycott on them. Yet in Perumbali (Erode, Tamil Nadu), dominant-caste villagers defied a Tahsildar's order declaring a cemetery common to all [1]. The case shows that such orders change land records but not who holds power in the village.
Why administrative orders fail at village level
- Paper vs power: an SC man was buried in the "common" cemetery only under police and Revenue protection [1].
- Economic dependence: SC labourers were told they would get no more work from the dominant caste. Two SC men then fell at BC villagers' feet [1], which was a forced "compromise" and not a real settlement.
- One-day enforcement: protection ended with the burial, but the boycott threat continues after officials leave [1].
- Weak deterrence: only 33.9% of PoA trials in SC cases ended in conviction in 2024 [2]. Witnesses who depend on the accused for work are easy to pressure into withdrawing.
- Settlement culture: officials often prefer "peace meetings" to FIRs, so crimes get recorded as reconciliations.
Framework for preventive enforcement
Map → Register → Monitor → Try speedily → Empower
Fig: Shifting from reactive escort to preventive enforcement
- Map: the Collector-chaired District Vigilance and Monitoring Committee should list villages prone to atrocities and commons under dispute.
- Register: file FIRs for the boycott threat and for obstruction under the 2015 offences, instead of only providing an escort.
- Monitor use, not orders: check regularly whether SC families actually use the commons. Peace committees should work alongside prosecution, not replace it.
- Speedy trial: extend Exclusive Special Courts beyond the 217 now in 15 States/UTs [3]. Use central assistance for victim relief and witness protection [3].
- Accountability: use Section 4 of the Act, which penalises public servants who neglect their duties.
- Break dependence: provide assured MGNREGA work. Study Maharashtra's 2016 anti-social-boycott law and Tamil Nadu's Samathuvapuram mixed-housing model.
Orders fail when the dominant caste's economic and social power meets only a paper declaration. A framework that combines mapping, prompt prosecution, sustained monitoring and economic empowerment can turn a formal right into real dignity. That would fulfil the Constitution's promise of fraternity and the goals of Articles 15(2) and 46, and advance SDG 10 (reduced inequalities).
Sources
- 1"Two Scheduled Caste men fall at BC villagers' feet after row over burial in cemetery", The Hindu, Chennai edition, 10 October 2026Perumbali incident, Tahsildar's order, police/Revenue protection, boycott threat, feet-falling
- 2PIB: Cases Registered Under SC/ST (Prevention of Atrocities) Act Rise to 53,372 in 2023, Convictions and Persons Convicted More Than Double by 2024PoA conviction rate in SC cases (2024)
- 3PIB: Government Strengthens Implementation of PCR and SC/ST (Prevention of Atrocities) Acts through Special Courts, Victim Support, Awareness and Grievance Redressal Mechanisms217 Exclusive Special Courts in 15 States/UTs; central assistance for victim relief