Denial of Public Spaces to Scheduled Castes

• 14 Mar 2026

Source: TH 

Why in News?  

Data from the National Crime Records Bureau Crime in India 2023 report highlights a rise in cases where Scheduled Castes (SCs) were denied access to public spaces under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

NCRB Data on Denial of Access to Public Spaces 

• Out of 180 cases of denial of access to public spaces reported nationwide, 173 were from Uttar Pradesh, making the state a clear outlier in this category. 
• The trend has been rising since 2017, largely driven by increased reporting and registration of cases in Uttar Pradesh. 
  • The State’s share in total reported cases rose from about 68% in 2018 to nearly 80% in 2019. 
  • The concentration became even more pronounced in 2022, when over 98% of all such cases reported nationwide came from Uttar Pradesh. 
• In comparison to SCs, cases involving Scheduled Tribes (STs) being denied access to public spaces remain relatively low across the country.

What are the Underlying Reasons for the Denial of Public Spaces? 

• Caste-Based Spatial Segregation: In many rural areas, informal caste geographies still exist where dominant castes control temples, water bodies, cremation grounds, and village pathways. 
  • Despite modernization, orthodox notions of ritual purity dictate access to specific public goods, particularly water sources and religious sites.  
    • The entry of an SC individual is still perceived by conservative elements as "polluting" the shared commons. 
  • Such practices reflect continuing forms of untouchability, despite its abolition under Article 17 of the Constitution of India, and undermine the anti-discrimination guarantee of Article 15 which ensures equal access to public spaces. 
• Dominance of Local Power Structures: Village governance structures and informal caste councils often reinforce social hierarchy. 
  • The vast majority of rural SC populations remain landless agricultural laborers.  Land ownership and economic dependence allow dominant groups to enforce exclusion through intimidation or social boycott to deter marginalized groups from claiming their legal rights to public spaces. 
• Weak Enforcement of Anti-Atrocity Laws:  Although the SC/ST (Prevention of Atrocities) Act, 1989 criminalizes the denial of access to public spaces for Scheduled Castes, gaps in enforcement continue to persist.  
  • In many cases, victims face delays in First Information Report (FIR) registration, inadequate police investigation, and low conviction rates in atrocity cases, which weaken the deterrent effect of the law and allow discriminatory practices to continue. 
• Limited Awareness of Legal Rights: Many marginalized communities are unaware of protections under the SC/ST (Prevention of Atrocities) Act, 1989 and constitutional safeguards. 
  • Lack of legal literacy prevents victims from reporting discrimination or seeking institutional redress. 

What are the Legal and Institutional Protections to Democratize Public Spaces? 

• Article 15: Prohibits discrimination on grounds of caste and guarantees equal access to public spaces such as shops, wells, tanks, roads, and public places. 
• Article 17: Abolishes untouchability and declares its practice in any form a punishable offence. 
• Article 21: Guarantees the right to life with dignity, which courts have repeatedly interpreted to include the right to live free from discrimination and social exclusion. 
• 73rd Constitutional Amendment Act, 1992: Mandates reservation for Scheduled Castes (SCs), Scheduled Tribes (STs), and women in Panchayati Raj Institutions, ensuring their participation in local governance and more inclusive control over village resources and public spaces. 
• SC/ST (Prevention of Atrocities) Act, 1989: Criminalizes acts such as denying SC/ST individuals entry to public places, temples, water sources, and community resources. 
• Protection of Civil Rights Act, 1955: Provides legal safeguards against practices arising from untouchability, including denial of access to public facilities. 
• National Commission for Scheduled Castes: Monitors safeguards for SC communities and investigates complaints related to discrimination. 
• Judicial Pronouncements:  
  • State of Karnataka v. Appa Balu Ingale (1995): Supreme Court of India held that the objective of Article 17 of the Constitution of India and related laws is to free society from blind adherence to discriminatory caste practices that no longer have any legal or moral basis. 
  • Arumugam Servai v. State of Tamil Nadu (2011): The Supreme Court of India directed district administrations to ruthlessly eradicate everyday spatial segregation practices, such as the discriminatory "two-tumbler system" in public tea stalls. 

What Steps can be Taken to Democratize Public Spaces in India? 

• Ensure Spatial Justice: Locate public facilities (Panchayat Bhavans, Anganwadis, PDS shops, wells) in neutral or SC-dominated areas to break traditional caste-based spatial segregation, forcing dominant castes to share spaces rather than gatekeeping them. 
• Link Funds to Social Audits: Make Gram Sabha social audits mandatory and link development grants to certification that no untouchability or spatial exclusion exists. 
• Official Accountability: Strictly enforce Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which penalizes public officials who neglect duties such as registering FIRs or protecting victims. 
• Establish Exclusive Special Courts: Set up district-level exclusive courts to ensure speedy trials in atrocity cases, reducing pendency and improving deterrence. 
• Behavioural Change Campaigns: Promote constitutional values and anti-caste reform ideas of B. R. Ambedkar, Jyotirao Phule, and Periyar E. V. Ramasamy. 

Conclusion 

The denial of access to public spaces reflects the persistence of caste hierarchies in everyday life. Addressing this challenge requires strong law enforcement, socio-economic empowerment, and a deeper societal commitment to constitutional morality and equality. 

Frequently Asked Questions (FAQs) 

1. What does Article 17 of the Constitution of India provide?
Article 17 of the Constitution of India abolishes untouchability and makes its practice in any form a punishable offence.

2. What is the objective of the SC/ST (Prevention of Atrocities) Act, 1989?
TheScheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 criminalizes caste-based atrocities, including denial of access to public places, and provides special courts, victim protection, and relief measures. 

3. What is the significance of Article 15(2) of the Constitution?
Article 15(2) of the Constitution of Indiaprohibits discrimination in access to public places such as shops, wells, tanks, and roads maintained with public funds. 

4. Which law punishes practices arising from untouchability?
TheProtection of Civil Rights Act, 1955, provides penalties for enforcing social or religious disabilities arising from untouchability. 

5. What was the significance of the Supreme Court judgment in State of Karnataka v. Appa Balu Ingale (1995)?
InState of Karnataka v. Appa Balu Ingale (1995), the Supreme Court of India emphasized that Article 17 aims to eliminate discriminatory caste practices lacking any legal or moral basis. 

UPSC Civil Services Examination Previous Year Question (PYQ) 

Mains

Q1. Has caste lost its relevance in understanding the multi-cultural Indian Society? Elaborate your answer with illustrations. (2020) 

Q2. “Caste system is assuming new identities and associational forms. Hence caste system cannot be eradicated in India.” Comment. (2018) 

Q3. What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs)? (2017) 

Q4. Mahatma Gandhi and Dr. B.R. Ambedkar, despite having divergent approaches and strategies, had a common goal of amelioration of the downtrodden. Elucidate. (2015)