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Since 2017, cases of SCs denied access to public spaces on the rise with lion’s share in U.P.


What Happened

  • Data from the National Crime Records Bureau (NCRB) Crime in India Report 2023 reveals that cases of Scheduled Castes (SCs) being denied access to public spaces have been rising steadily since 2017, with Uttar Pradesh accounting for an overwhelming share of recorded cases.
  • In 2023, there were 180 reported cases of SCs being denied access to public places under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — with 173 out of 180 cases (96%) registered in Uttar Pradesh alone.
  • The trend indicates both a worsening ground reality and a possible increase in reporting willingness in UP, though advocates caution that national figures still represent a significant undercount given the social stigma around filing formal complaints against caste-based discrimination.
  • The data highlights the gap between constitutional guarantees (Article 17 — abolition of untouchability) and ground-level enforcement of anti-discrimination law.

Static Topic Bridges

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

The SC/ST (Prevention of Atrocities) Act, commonly called the POA Act or SC/ST Act, was enacted in 1989 to prevent atrocities against members of the Scheduled Castes and Scheduled Tribes. It recognises a broad spectrum of acts as "atrocities" — including denial of access to public spaces, forced consumption of obnoxious substances, sexual exploitation, economic boycott, and dispossession of land — and prescribes specific punishments.

  • Enacted: 1989; key amendments in 2015 and 2018
  • 2018 amendment: Restored swift arrest provisions after a Supreme Court ruling in Subhash Kashinath Mahajan (2018) had introduced mandatory preliminary inquiry — Parliament reversed this restriction to ensure effective enforcement
  • Section 3(2)(va): Provides for death penalty where an offence under the Act results in the death of a victim
  • Denial of access to public places: Covered under Section 3(1) of the Act — forcing SCs/STs to leave public roads, water bodies, burial grounds, shops, and places of public resort
  • Special Courts: The Act mandates exclusive Special Courts for speedy trial of cases
  • Exclusive investigation: Police officers of the rank of DSP or above must investigate SC/ST Act cases

Connection to this news: The 180 cases in 2023 were all registered under the SC/ST Act's provisions on denial of access to public spaces — making the NCRB data directly relevant to understanding the Act's reach and limitations in practice.

Article 17 — Abolition of Untouchability

Article 17 of the Constitution of India abolishes untouchability and makes its practice in any form a punishable offence. It is a Fundamental Right — enforceable against both the state and private individuals — and is one of the few Fundamental Rights that creates a positive obligation to eliminate a specific social practice.

  • Article 17: "Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law."
  • Enabling legislation: Protection of Civil Rights (PCR) Act, 1955 (originally Untouchability (Offences) Act, 1955) — penalises untouchability practices
  • Scope: Unlike most FRs that bind only the state, Article 17 binds private individuals too
  • Scheduled Caste definition: Article 341 — SCs are notified by Presidential Order; lists are state-specific; Parliament can include or exclude groups from SC lists
  • Social exclusion dimensions: denial of entry to temples, wells, restaurants, common lands, public roads — all captured under PCR Act and SC/ST Act

Connection to this news: Denial of access to public spaces is a direct continuation of untouchability practices — outlawed by Article 17 in 1950, yet NCRB data 75 years later shows persistent violations, particularly concentrated in UP.

NCRB — Mandate, Data Reliability, and Reporting Limitations

The National Crime Records Bureau (NCRB), under the Ministry of Home Affairs (MHA), compiles and publishes the annual Crime in India report — the primary official database on crime statistics across all Indian states and Union Territories. It collects data from state police forces and organises it by offence category, state, and demographic group.

  • NCRB established: 1986; headquartered in New Delhi; under MHA
  • Publication: Crime in India report released annually; typically with a 1-2 year lag (2023 report released in 2025)
  • Key limitation: NCRB data reflects only First Information Reports (FIRs) registered — a known undercount of actual crimes, especially for caste-based atrocities where victims fear social retaliation, police indifference, or secondary victimisation
  • State-wise concentration: UP's dominance in recorded SC/ST Act cases reflects both its large SC population (over 20% of state population) and its status as the most populous state; it does not necessarily mean other states have fewer atrocities — they may have lower reporting rates
  • 307,355 cases: NCRB data shows over 3 lakh cases pending in courts under the SC/ST Act as of recent reports, indicating systemic judicial pendency

Connection to this news: The NCRB's 2023 finding of 180 denial-of-access cases (96% in UP) is both a documented data point and an underestimate — the real incidence of caste-based denial of access to public spaces is significantly higher across India.

Key Facts & Data

  • NCRB Crime in India 2023: 180 cases of SCs denied access to public spaces under SC/ST Act
  • UP share: 173 of 180 cases (96%) registered in Uttar Pradesh
  • Trend: Rising since 2017 as per NCRB annual data series
  • SC/ST Act enacted: 1989; amended: 2015 and 2018 (restored arrest provisions)
  • Article 17: Abolishes untouchability; enforceable against both state and private individuals
  • SC definition: Article 341 — Presidential Order; state-specific; Parliament-amendable
  • PCR Act, 1955: Penalises practice of untouchability; predates SC/ST Act
  • NCRB: Under MHA; publishes annual Crime in India report; data based on FIRs registered
  • Special Courts: Mandated under SC/ST Act for speedy trial
  • Investigating officer: DSP-rank or above required for SC/ST Act cases