Impunity & Criminalization of Indigenous Peoples in India

Crime Record against Scheduled Tribes (STs)

India has partially implemented two noted Universal Periodic Review (UPR) recommendations relating to the effective implementation of the Scheduled Caste and the Scheduled Tribes Act and prevention of and justice for violent acts against tribal minorities.

In 2015, India’s Parliament passed the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill to provide for stringent action against those involved in crimes against STs. The Bill amends certain existing categories and adds new categories of actions to be treated as offenses, including wrongfully occupying land belonging to STs and assaulting or sexually exploiting an ST woman, among others, and makes further provisions on role of public servants and courts.

However, as evident in the official reports, crimes against STs in India are only increasing every year. A total of 6,793 cases of crimes committed against STs were reported in the country during 2013 as compared to 5,922 cases in 2012, thus showing an increase of 14.7%. This increase was observed under crimes of rape, kidnapping & abduction, dacoity, arson, protection of civil rights act and the SC/ST Act. The average conviction rate for crimes against STs stood at 16.4% compared to overall conviction rate of 40.2%. Crimes against STs further increased substantially by 68.6% to a total of 11,451 cases during 2014. In 2015, the crimes saw a small decrease to 10,914 while the conviction rate was 27.6%, still way less than national rate. These are only the reported cases of atrocities committed by non-tribals and do not include cases of human rights violations by the security forces.

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