Karthik Navayan
1. The Home Secretary, Secretary Office, Department of Home (DoH), Government of India, Room No. 113, North Block, New Delhi – 110001, Email – hshso@nic.in
2. The Secretary, The Department of Social Justice & Empowerment Government of India, Shastri Bhawan, New Delhi – 110001, Email secywel@nic.in Karthik Navayan
Copy to:
Hon’ble President of India, Rashtrapati Bhawan, President’s Estate, New Delhi, Delhi 110004, Email: presidentofindia@rb.nic.in, secy.president@rb.nic.in
Subject: Direct the State Governments to Identify Atrocitiy prone areas and provide two licenced arms to every village of Scheduled Castes to prevent the atrocities according to Sections 3 (1) (i) (ii) (iii) (iv) and (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995.
Dear Sir/ Madam
1. The violence and atrocities on the Scheduled Castes in India are widespread and omnipresent and remain a deeply entrenched and persistent issue, rooted in the country’s historical caste system and perpetuated by social, economic, and political inequalities. As of April 06, 2025, available data and trends indicate that Scheduled Castes continue to face widespread discrimination, physical violence, and systemic exclusion despite constitutional protections and legal frameworks like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. And The Protection of Civil Rights Act, 1955
2. The police, state administration, and courts failed to implement protections for the Scheduled castes. One such protection available to the Scheduled castes, which is a grossly neglected provision, was identifying and Atrocity Prone Araes and providing licenced arms to the Scheduled Castes according to Sections 3 (1) (i) (ii) (iii) (iv) and (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995.
3. Section 3 (1) (i) (ii) (iii) (iv) and (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 reads as below.
Section 3. Precautionary and Preventive Measures.- (1) With a view to prevent atrocities on the Scheduled Castes and the Scheduled Tribes, the State Government shall:-
(i) Identify the area where it has reason to believe that atrocity may take place or there is an apprehension of reoccurrence of an offence under the Act:
(ii) Order the District Magistrate and Superintendent of Police or any other officer to visit the identified area and review the law and order situation;
(iii) If deemed necessary, in the identified area, cancel the arms licences of the persons not being members of the Scheduled Castes or Scheduled Tribes, their near relations, servants or employees and family friends and get such arms deposited in the Government Armoury;
(iv) Seize all illegal firearms and prohibit any illegal manufacture of firearms:
(v) With a view to ensure the safety of persons and property, if deemed necessary, provide arms licences to the members of the Scheduled Castes and Scheduled Tribes.
4. The state governments have not identified the atrocity-prone areas in their states for a long back, which is a gross violation of the rules prescribed under the 3 (1) (i) of the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. It is essential to identify the atrocity-prone areas to prevent the atrocities. The non-identification of atrocity-prone areas is the reason for the continued atrocities on Scheduled Castes in the country.
5. After identification of atrocity-prone areas, the state governments must provide two licenced arms for every Scheduled caste village as prescribed under section 3 (1) (v) of Scheduled Tribes (Prevention of Atrocities) Rules, 1995
6. Once atrocity-prone areas are identified, it would be confirmed that the Scheduled Castes people in the Atrocity Prone Areas need self-defence and Providing two licenced arms to every village of Scheduled caste is essential and mandatory as per the law when section 3 (1) (v) of Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Read with the sections 34, 35, 36, 38, and 43 of The Bharatiya Nyaya Sanhita, 2023 which described below.
7. Section 34 of Bharatiya Nyaya Sanhita, 2023 – An act done in self-defence or to protect others or property from immediate harm is not considered an offence.
8. Section 35 of Bharatiya Nyaya Sanhita, 2023, Every person has the right to defend their own body and the body of any other person against any offense affecting the human body, as well as their own property or the property of another, against theft, robbery, mischief, or criminal trespass.
9. Section 36 of Bharatiya Nyaya Sanhita, 2023, The right of private defence applies even if the aggressor is not criminally responsible due to youth, mental illness, intoxication, or misconception.
10.Section 38 of Bharatiya Nyaya Sanhita, 2023, Allows the use of force, even to the extent of causing death, if the attack reasonably causes the apprehension of death or grievous hurt.
11. Section 43 of Bharatiya Nyaya Sanhita, 2023, You can protect your property if you believe it is in danger. This right to defend your property starts as soon as you feel there is a real threat, and it continues as long as the danger exists.
Therefore, it is prayed that your authorities may be pleased to direct the state governments to identify the atrocity-prone areas in their respective states and provide the two licenced arms to every scheduled caste village in the interest of justice and render justice.
Sincerely
Dr B Karthik Navayan, Advocate and Human Rights Activist
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