Maharashtra Prohibition of People from Social Boycott (Prevention, Prohibition and Redressal) Act, 2016

In 2015, the Maharashtra Andhashraddha Nirmoolan Samiti (MANS), a social organisation founded by Narendra Dabholkar, had prepared a draft law on prevention of people from social boycott and submitted it to the state government. The Maharashtra Assembly unanimously approved the Prohibition of Social Boycott Bill and the bill was forwarded to the central government in March 2016, and then after getting clearance from six central ministries, on 13 July 2017, President Pranab Mukherjee gave his assent to the Maharashtra Prohibition of People from Social Boycott (Prevention, Prohibition and Redressal) Act, 2016. With this, Maharashtra became the first state in the country to bring a comprehensive law on social boycott. In this Article, we will study about the salient features of the act and its implications on the society.

Salient Features of the Act

• The act prohibits social boycott of an individual or group in the name of caste, community, religion, rituals or customs.
• The new Act facilitates the framing of changes under Indian Penal Code Sections 34, 120-A, 120-B, 149, 153-A, 383 to 389, and 511 if there is solid evidence to prove an accusation of social boycott.
• Under the Act, social boycott is a punishable offence which includes prison term of up to three years or a fine up to Rs 1 lakh, or both.
• The act allows a victim to file a complaint either with the police or directly to the magistrate.
• The Act also makes provisions for six-month long speedy trials.
• The Act also has provisions of Social Boycott Prohibition officers to be appointed by the state government to assist the police and magistrate and track cases of social boycott.
• As per the act, the offence of social boycott is cognisable and bailable, and will be tried by a Metropolitan Magistrate or a Judicial Magistrate First Class.
• The act also has provisions to regulate the extra-judicial bodies like jat (caste) and community panchayats.
• As per the act, any organisation that delivers a judgment or issues fatwas based on caste, would be viewed as a caste panchayat, even if unregistered
• The act includes provisions of compensation to victims if a caste council imposed monetary penalties on them.

What made Maharashtra Government to come up with such law?

In recent years, the number of incidents of atrocities on individuals and groups by jati panchayats or community panchayats has increased drastically, particularly in Maharashtra. In June 2013, Eknath Kisan Kumbharkar, a resident of Panchavati in Nashik, killed his daughter Pramila Khumbharka who had tied the knot with a man, who belonged to a different caste. Later, in August 2016, a 48-year old auto driver named Arun Naikuji killed himself in Pune after a “Jaat” panchayat socially boycotted him and his family for helping his friend marry a girl from another caste. Such immoral and antisocial behaviour triggered huge public outrage, and in the backdrop of such events, the Maharashtra government decided to come up with the Maharashtra Prohibition of People from Social Boycott (Prevention, Prohibition, and Redressal) Act, 2016.

Comment

In India, the problem of social boycott by an extrajudicial body like caste panchayats or community panchayats is prevailing since centuries. The verdicts given by such extrajudicial bodies spur the caste and religion-based discrimination in the society. In fact, such verdicts challenge the freedom of individuals in the society. Constitution of India grants the citizen with the right to practise a profession of his choice, visit places of worship, wear clothes of one’s choice and use any specific language. Also, as per our constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State. Therefore, such act by Maharashtra government to punish social boycott, and regulate organisations like the ‘jat’ (caste) panchayat can be seen as a stepping stone to eradicate the immoral and anti-social behaviour from our society. Hopefully this bold step would stimulate the other state governments, especially those of Uttar Pradesh, Haryana, Rajasthan and Bihar where the social boycott practice is very common to come up with similar law.