ENACTMENT OF ANTI SOCIAL BOYCOTT
LAW.
Maharashtra is the first state in the country to enact a
law against social boycott of individuals or families by caste panchayats. ‘Maharashtra
Prohibition of Social Boycott Act, 2016 which was enacted by the state government,
has termed any action of social boycott as crime.
Maharashtra in recent times has witnessed an increased number
of incidents of social boycott and violence at the orders of seniors in the
caste panchayats, for not adhering to their rules. A number of activists and
academics have been demanding an act against the foul practices of caste
panchayats for years. This won’t be the first time that the state is taking a
lead in formulating such acts. Maharashtra was also the first in the country to
enact anti superstition law.
The Maharashtra Prohibition of People from Social
Boycott (Prevention, Prohibition and Redressal) Act, 2016, received
Presidential assent, paving the way for its implementation. The new law
disallows social boycott in the name of caste, community, religion, rituals or
customs. Ex-Chief Minister has said that a “progressive state like
Maharashtra” cannot allow social evils in the garb of caste panchayat diktats
or rituals.
WHAT IS EXACTLY SOCIAL BOYCOTT UNDER THIS NEW LAW ?
If any individual or group tries to prevent or obstruct another member or
group from observing any social or religions custom or usage or ceremony, or
from taking part in a social, religious or community function, assembly,
congregation, meeting or procession, the act amounts to social boycott. So is
challenging the freedom of individuals in the name of jati panchayats,
religion, customs, or denying them the right to practise a profession of their
choice. Freedom in this case includes the freedom to marry outside one’s caste,
visit places of worship, wear clothes of one’s choice and use any specific
language. Discrimination on the basis of morality, political inclination or
sexuality also qualifies as social boycott. As does stopping children from
playing in a particular space, or disallowing access to crematoria, burial
grounds, community halls or educational institutions with mala fide intentions.
HOW DOES THE ACT AGAINST SOCIAL BOYCOTT?
A Collector or District Magistrate, on receiving information of the
likelihood of unlawful assembly for imposition of social boycott can, by order,
prohibit the assembly. Conviction of the offence of social boycott will attract
a prison term of up to three years or a fine up to Rs 1 lakh, or both. Abetment
by an individual or group will invite the same punishment. The offence of
social boycott is cognizable and bailable, and will be tried by a Metropolitan
Magistrate or a Judicial Magistrate First Class. To ensure speedy justice,
trial would have to be completed within a period of six months from the date of
filing the chargesheet.
WHY IS NEED TO HAVE SUCH ENACTMENT/ LAW IN MAHARASHTRA?
The decision was a reaction to pressures from growing incidents of
atrocities on individuals by JATI panchayats or GAVKIS wielding extra-judicial
powers. The highest numbers of incidents were reported from the districts of RAIGAD,
RATNAGIRI and NASHIK; and the largest numbers of cases of social boycott were
provoked by INTER-CASTE MARRIAGES. Prevailing laws are frequently challenged in
the court, or loopholes are used to escape punishment. The new Act facilitates
the framing of charges under Indian Penal Code Sections 34, 120-A, 120-B, 149,
153-A, 383 to 389, and 511 if there is concrete evidence to substantiate an
accusation of social boycott.
Ex-Chief Minister, who took the initiative to work out a consensus among
political parties, argued that Maharashtra, a state with a rich legacy of
social reforms, could not allow social boycotts. According to Ex-Chief Minister,
“The Act was required in the backdrop of prevailing atrocities inflicted on
people in the name of tradition, caste and community. Social boycott will be
dealt with an iron hand. The atrocities inflicted by a handful of people in the
name of jaati panchayats or groups citing caste and community traditions will
not be tolerated if it questions the dignity of a human being.”
MY PERSONAL EXPERIENCE IN TWO SIMILAR CASES.
I was approached by friend in
circle staying in Ratnagiri District belonging to Dhangar Caste He is from
Ratnagiri District. He works in Mumbai and has family at native place in very small
village. Now in Kokan region there is system which builds to equal to gram
panchayat in guise of Gramseva Mandal (PublicTrust Registered under
Charity commissioner) or equivalent organization They form their own rules and
impose unnecessary penalties boycott families or persons, if rules are not
followed or penalty is not paid or married to girl in same locality or didn’t attend
social gathering or feast is not given in family functions and lists goes on. Let
me speak case at hand so my friends’ brother loved Girl in same locality and
they intended to marry when both families started discussing their relationship
and marriage expenses they decided not to spend money on liquor in Haldi
Ceremony as both families were poor and this issue was discussed in village
gathering. Village elders (Not gram panchayat members) decided to boycott marriage
ceremony alongwith both families. My friends mother was sobbing when I visited
the place. I did what was needed Filed complaint to Police Station in writing
Police officer on duty refused to received written complaint I had gut feeling
that this would happen so I was prepared I send that complaint to SSP of
District, District Collector, District Magistrate, Human rights commission, and
State woman Commission. The day SSP and police station received complaint
Sarpanch and police Patil called me and came for meeting in Mumbai begging to
take back the complaint I said we will speak in police station as complaint is
already lodge.
Later when we were called in Ratnagiri
in police station 15 elders who ordered boycott were present and their statements
were recorded. SSP came for meeting, In that meeting Victim Families and elders
were asked whether they want to go on with matter? Elders tendered unconditional
Apology and decided to bear entire expenses of the marriage along with Haldi
ceremony Victim families decided not pursue matter further and compounded the
same.
In other similar matter old lady
was residing in village in Ratnagiri couldn’t attend one religious annual gathering
as she was not well Mandal (So called Elders) of that locality imposed fine of
5000/- on her and boycotted her till she pays the penalty. Her son who is
working as Advocate clerk in High court approached me and explain the situation
I first advise that guy to bring his mom to Mumbai to reside with him as she
was ill and she will be getting better medical treatment. I did what I did
earlier drafted complaint in Marathi making all elders accused along with
Sarpanch and police patil as accused sent complaint to relevant police station.
Few days’ police didn’t take any action so I sent complaint to SSP District Collector,
District Magistrate, Human rights commission, and State woman Commission. Then
those elders started threatening Victims Son they literally gave death threats
to him over phone as I told him to keel call recorder on his call got recorded
and various IPC sections were imposed along with Extortion they were arrested
and later released on bail. Matter of social boycott Act pending in Ratnagiri and
extortion matter is pending in Mumbai. All Accused regret their decision of boycott
till date and wanted to settled matter
but complainant don’t want to compound it, they all disbanded their mandal
after matter was lodge against them.
(To keep identity of victim safe I
am avoiding mentioning names in my article as they already suffered so much )
Article
by
PANKAJ R.
MHATRE ( पंकज र. म्हात्रे)
(Advocate
High Court) (वकील उच्च न्यायालय)
Contact -
9773786260
Follow me
on
Facebook: https://www.facebook.com/AdvPankajMhatre/
Linkedin
: https://in.linkedin.com/in/पंकज-म्हात्रे-9089b520
Twitter :
@AdvpankajMhatre
Instagram : @AdvPankajMhatre
TIP: Readers’ kindly note that abovementioned information
is for your knowledge. Purpose of this article is to spread knowledge to common
people as well as law students. Use it as per your convenience If you want more
details or you are involved in any legal matter the please take professional
help. Professionals are trained for years to do the things they do. They will
help you in your matter.
