97% Untouchability Cases Still Pending in Courts: A Challenge to Linguistic and Ethnic Diversity
Why in the News?
The 2022 report on the Protection of Civil Rights (PCR) Act, as mandated by constitutional provisions including Article 29, reveals a sharp decline in case registrations related to untouchability, a practice that threatens India’s linguistic diversity, ethnic diversity, and racial diversity. The report highlights over 97% pendency in courts and an extremely low conviction rate, raising serious concerns about justice delivery and the preservation of cultural heritage, particularly for regional languages, endangered languages, and tribal communities.
Dismal Implementation of the PCR Act, 1955:
● Pendency Rate: 1,242 cases under the PCR Act were pending in courts in 2022, with a 97%+ pendency rate, indicating a significant challenge to social harmony, linguistic secularism, and inclusive development. This backlog affects speakers of various language families, including Dravidian languages and the Urdu language.
● Low Convictions: Out of 31 cases disposed, only 1 conviction occurred; 30 ended in acquittals, highlighting the need for better protection of linguistic groups and cultural identity. This situation calls for improved problem-solving skills in the justice system.
● Historical Trend: Between 2019–2021, all 37 disposed cases under the PCR Act also ended in acquittals, pointing to systemic issues in preserving traditional knowledge and the cultural significance of diverse communities, including those speaking endangered languages.
● Police Action: 51 cases were pending with police, of which 12 chargesheets were filed, reflecting the need for improved law enforcement to protect linguistic communities and address potential linguistic conflicts. This situation underscores the importance of enhancing cognitive development and cultural awareness among law enforcement personnel.
● Underreporting & Apathy: No State or UT declared any area as “untouchability-prone”, showing possible administrative neglect in addressing issues related to linguistic diversity and cultural integration, which challenges the principles of Indian secularism and religious tolerance.
Decline in Case Registration Under the Act:
● Nationwide Decline: Only 13 cases were registered under the PCR Act in 2022, down from 24 in 2021 and 25 in 2020, raising questions about the effectiveness of current language policies and state policies in addressing discrimination against speakers of local languages and endangered languages.
● State-wise Distribution: J&K (5), Karnataka (5), Maharashtra (2), and Himachal Pradesh (1) were the only reporting states, highlighting the need for greater awareness across all linguistic states and improved implementation of language policy, including for Dravidian languages and the Urdu language.
● Comparison with PoA Act: Contrastingly, cases under the SC/ST Prevention of Atrocities Act, 1989 have shown a steady rise, indicating greater responsiveness under that law and the need for similar attention to issues affecting linguistic diversity and tribal communities.
| About the PCR Act : |
| ● Full Name: Protection of Civil Rights Act, 1955 (PCR Act). |
| ● Purpose: Aims to eliminate untouchability and penalize its manifestations in social, religious, and economic spheres, promoting mutual respect, cultural integration, and linguistic secularism. |
| ● Legal Provisions: Provides for imprisonment and fines for enforcing disabilities based on caste, supporting the preservation of cultural heritage and traditional knowledge of various language families, including endangered languages. |
| ● Mandate: Requires annual reporting by states/UTs, including data on special courts, case registration, and police action, to monitor the protection of linguistic communities as part of its constitutional mandate. |
| ● Significance: An important constitutional tool for enforcing Article 17 (abolition of untouchability) of the Indian Constitution, supporting inclusive development and social harmony in line with Article 29. |
The declining trend in case registrations under the PCR Act, coupled with high pendency rates and low convictions, poses a significant challenge to India’s efforts in maintaining its rich linguistic diversity and cultural heritage. It underscores the need for more robust implementation of constitutional provisions and state policies to ensure the protection of all linguistic groups, including speakers of regional languages, local languages, and endangered languages, and promote inclusive development.
As India strives for greater social harmony and cultural integration, addressing these issues becomes crucial for upholding the principles of mutual respect and preserving the nation’s composite culture. The situation calls for a comprehensive review of the current language policy and its implementation to better address linguistic conflicts and improve the linguistic diversity index across the country. This approach would not only strengthen Indian secularism and religious tolerance but also ensure that the cultural significance of diverse communities is recognized and protected under the constitutional mandate.
To address these challenges, the government could consider implementing UNESCO initiatives for preserving linguistic heritage, expanding interpretation services, and providing language training to improve communication across diverse linguistic groups. Additionally, focusing on the cognitive development benefits of multilingualism could help promote the value of linguistic diversity in education and employment opportunities.
In conclusion, preserving India’s linguistic and ethnic diversity requires a multifaceted approach that combines legal enforcement, educational initiatives, and cultural awareness programs. By addressing the issues highlighted in the PCR Act report and implementing comprehensive language policies, India can work towards a more inclusive society that values and protects its rich tapestry of languages and cultures.