A Hystorical judgement in Dalit Jurisprudence was pronounced by Supreme Court

A Hystorical judgement in Dalit Jurisprudence was pronounced by Supreme Court in
a case between State of Karnataka and Appa Babu Ingale(CriminalAppeal
No.164/1983) as back as in 1992.The fact of the case is as follows:
Appa Babu Ingale and 4others were tried for the offence under Sec 4 & 7 of
Protection of Civil Rights Act,1955.Though the trial Court convicted all,the
Appellate Court confirmed the conviction in respect of one person and set free
the others. On appeal, the High Court of Karnataka acquitted all the accused
stating the reason that the evidence of prosecution side is contradictory. The
Supreme Court heard the Criminal Appeal filed by the State of Karnataka . The
Supreme Court has observed the following in the judgement and confirmed the
conviction of trial court
1. PARA 2 . The charge against the respondents was that they restrained the
complainant party by show of force from taking water from a newly dug-up bore
well on the ground that they were untouchables. The prosecution produced four
witnesses who were all Harijans. The trial court and the appellate court, on
appreciation of the evidence, reached the concurrent-finding that the charge
against the respondents-accused was proved beyond reasonable doubt
2. PARA 11. Article 17 of the Constitution of India, in Part III, a Fundamental
Right, made an epoch making declaration that "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.
In exercise of the power in second part of Article 17 and Article 35(a)(ii), the
Untouchability (Offences) Act 1955 was made, which was renamed in 1976 as
"Protection of Civil Rights Act", for short 'the Act'. Abolition of
untouchability in itself is complete and its effect is all pervading applicable
to state actions as well as acts of omission by individuals, institutions,
juristic or body of persons. Despite its abolition it is being practised with
impunity more in breach. More than 75% of the cases under the Act are ending in
acquittal at all levels. Apathy and lack of proper perspectives even by the
courts in tackling the naughty problem is obvious. For the first time after 42
years of the Constitution came into force this first case has come up to this
Court to consider the problem
3. PARA 18. Neither the Constitution nor the Act defined 'Untouchability'.
Reasons are obvious. It is not capable of precise definition. It encompasses
acts/practices committed against Dalits in diverse forms. Mahatama Gandhiji in
his 'My philosophy of Life' edited by A.T. Hingorani 1961 Edn. at p. 146, stated
that "untouchability means pollution by the touch of certain person by reason of
their birth in a particular state of family. It is a phenomenon peculiar to
Hinduism and has got no warrant in reasons or sastras". According to Dr.
Ambedkar, "the untouchability is the notion of defilement, pollution,
contamination and the ways and means of getting rid of that defilement. It is a
permanent hereditary stain which nothing can cleanse". The Parliamentary
Committee on Untouchability headed by L. Elayaperumal in their 1969 report
stated that 'untouchability' is a basic and unique feature and inseparably
linked up with the caste system and social set up based upon it. It does not
require much research to realise that the phenomenon of untouchability in this
country is fundamentally of a religious or political origin. Untouchability is
not a separate institution by itself, it is a corollary of the institution of
the caste system of Hindu Society. It is an attitude on the part of a whole
group of people. It is a spirit of social aggression that underlies this
attitude.

4. PARA 33. When the mandate of Article 17 was being breached with impunity,
and commission of atrocities on Dalits and Tribes continued unabated, to stamp
out the evil, the Parliament stepped in and made Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 with stringent provisions to
eradicate those offences with speedy trial. Relief and rehabilitation of the
victims of such offence and related matters. The details thereof are not germane
for discussion.
5. PARA The power of judicial review must, therefore, be exercised with insight
into social values to supplement the changing social needs. The existing social
inequalities or imbalances are to be removed and social order readjusted through
rule of law, lest the force of violent cult gain ugly triumph. Judges are
summoned to the duty of shaping the progress of the law to consolidate society
and grant access to the Dalits and Tribes to public means or places dedicated to
public use or places of amenities open to public etc. The law which is the
resultant product is not found but made. Public policy of law, as determined by
new conditions, would enable the courts to recast the changing conceptions of
social values of yester years yielding place to the changed conditions and
environment to the common good. The courts are to search for light from among
the social elements of every kind that are the living forces behind the factors
they deal with. By judicial review, the glorious contents and the trite
realisation in the constitutional words of width must be made vocal and audible
giving them continuity of life, expression and force when they might otherwise
be forgotten or ignored in the heat of moment or under sway of passions of
emotion remain aroused, that the rational faculties get befogged and the people
are addicted to take immediate for eternal, the transitory for the permanent and
the ephemeral for the timeless. It is in such surging situation the presence and
consciousness and the restraining external force by judicial review ensures
stability and progress of the Society. Judiciary does not forsake the ideals
enshrined in he constitution, but make them meaningful and make the people
realise and enjoy the rights.
6. PARA 35. The Judges, therefore, should respond to the human situations to
meet the felt necessities of the time and social needs, make meaningful the
right to life and give effect to the Constitution and the will of the
Legislature. This court as the vehicle of transforming the nations life should
respond to the nation's needs and to interpret the law with pragmatism to
further public welfare to make the constitutional animations a reality. Common
sense is always served in the court's ceaseless striving as a voice of reason to
maintain the blend of change and continuity of order which is sine quo non for
stability in the process of change in a parliamentary democracy. In interpreting
the Act, the judge should be cognizant to and always keep at the back of his/her
mind the constitutional goals and the purpose of the Act and interpret the
provisions of the Act in the light thus shed to annihilate untouchability; to
accord to the Dalits and the Tribes right to equality, social integration a
fruition and make fraternity a reality.
7. PARA 36. The thrust of Article 17 and the Act is to liberate the society from
blind and ritualistic adherence and traditional beliefs which lost all legal or
moral base. It seeks to establish new ideal for society - equality to the
Dalits, at par with general public, absence of disabilities, restrictions or
prohibitions on grounds of caste or religion, availability of opportunities and
a sense of being a participant in the main stream of national life.
8. PARA 40. Accordingly, I agree with my brother on the conviction and sentences
imposed on the respondents and the appeal is accordingly allowed.


The full judgement is reported in http://indiankanoon.org/doc/514077/ (AIR 1993
SC 1126, 1993 (1) ALT Cri 390, 1993 CriLJ 1029 ) .If anybody wants full
judgement I am prepared to send the same
P.Esakkimuthu(http://groups.yahoo.com/group/untouchabilityeradicationfront/)