Supreme Court of India
KAILAS & OTHERSversusSTATE OF MAHARASHTRA TR. TALUKA P.S.
- Citation
- 2011 INSC 15
- Decided
- 5 January 2011
- Disposal
- Dismissed
Holding
The Supreme Court dismissed the appeal, upheld the convictions under the IPC and the fine, and observed that the sentence was too light but not subject to alteration.
Summary
The case concerns Nandabai, a young Bhil woman who was beaten, stripped and paraded in a village after an illicit relationship with a higher‑caste man. The trial court convicted four accused under IPC sections 452, 354, 323, 506(2) read with 34 and under Section 3 of the SC/ST Act; the High Court set aside the SC/ST conviction but upheld the IPC convictions and altered the fine. On appeal, the Supreme Court examined the victim’s testimony, the hostile turn of other witnesses, and medical evidence, and found no reason to disbelieve the victim. The Court held that the High Court’s conviction and the fine of Rs 5,000 per accused to the victim were proper, and noted that the sentence imposed was unduly light given the seriousness of the offence. Accordingly, the appeal was dismissed, leaving the IPC convictions and fine in force.
Issues considered
- The validity of the High Court’s acquittal of the accused under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether the victim’s testimony can be relied upon despite several hostile witnesses.
- Whether the conviction under the IPC sections and the imposed fine are legally sustainable.
- The adequacy of the sentence awarded in view of the gravity of the offence.
Legislation cited
- Indian Penal Code, 1860s. 323, s. 34, s. 354, s. 452, s. 506(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989s. 3
Subjects
Scheduled TribesSC/ST ActIndian Penal Codesexual assaultvictim testimonyhostile witnessessentencefinetribal rights
Judgment
A
[2011] 1 S.C.R. 94
KAILAS & OTHERS
-
V.
STATE OF MAHARASHTRA TR. TALUKA P.S.
(Criminal Appeal No. 11 of 2011)
JANUARY 05, 2011
B
[MARKANDEY KATJU AND GYAN SUDHA MISRA, JJ.]
Penal Code, 1860 - ss. 459, 354, 323, 506 (2) rw s. 34 - ~
Conviction under - Young woman, belonging to Scheduled
c Tribe beaten with fists and kicks, stripped naked and then
paraded in naked condition on the road of the village by
accused persons - Conviction ulss. 452, 354, 323, 506 (2)
rw s. 34 and sentenced to RI for six months with imposition of
fine; sentenced to RI for one year with a fine for the offence
;D punishable u/s. 354134 and three months RI with a fine for the
offence punishable u/s. 323134 - Accused also convicted and
sentenced uls. 3 of the SC/ST Act - High Court acquitting the
accused for the offence u/s. 3 of the SC/ST Act, however,
upholding conviction under the provisions of the /PC - As
c:
.... regards imposition of fine, each accused directed to pay fine
of Rs. 50001- to the victim - On appeal held: There is no
reason to disbelieve the statement of the victim though many
witnesses turned hostile - Evidence of the victim corroborated
y-
by two prosecution witness - Medical certificate proved by
F doctor - Order passed by the High Court convicting the
accused under various provisions of the /PC and fine
imposed upheld, though sentence was too light considering
the gravity of the offence - Instant case deserves total
condemnation and harsh punishment - Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -
G ._..
s. 3.
According to the prosecution, 'N' a young woman
belonging to the Bhil tribe (Scheduled Tribe) in
Maharashtra, had illicit relations with PW 9 who was from
H 94
KAILAS & ORS. v. STATE OF MAHARASHTRA TR. 95
TALUKA P.S.
.. a higher caste and had given birth to. his daughter and A
was also pregnant through him for a second time. On the
fateful day, the appellants-accused persons beat her with
fists and kicks and stripped her naked after tearing her
clothes, and then paraded her in naked condition on the
road of a village while being beating and abusing her. B
The Court of Sessions convicted the accused under
Sections 452, 354, 323, 506 (2) read with Section 34 IPC
+ and sentenced them to RI for six months with imposition
of fine. Rs.100/-; sentenced them to RI for one year with
fine of Rs. 100/- for the offence punishable under c
Sections 354/34 IPC; sentenced under Section 323/34 IPC
to three months RI with a fine of Rs. 100/-. The appellants
were also convicted and sentenced l!nder Section 3 of
the Scheduled Castes and Scheduled Tribes (Prevention
_.._ of Atrocities) Act, 1989. The High Court acquitted the
D
appellants of the offence under Section 3 of the SC/ST
Act, but upheld the conviction under the provisions of the
IPC. However, as regards imposition of fine, each of the
appellant was directed to pay a fine of Rs. 5000/- only to
the victim. Therefore, the appellants filed the instant
appeal. E
_, Dismissing the appeal, the Court
HELD: 1.1 There is no reason to interfere with the
judgment of the High Court convicting the appellants F
under various provisions of the Penal Code and
imposing fine on them. In fact, the sentence was too light
considering the gravity of the offence. [Para 11] [100-F]
1.2 There is the evidence of the victim 'N' PW4 herself
i- G
and there is no reason to disbelieve the same. Although
many of the witnesses have turned hostile, there is no
reason to disbelieve the statement of PW 4. In fact, PW9
supported the prosecution case to some extent. He
accepted his illicit relations with PW 4 and admitted that
he had a daughter from her and she was pregnant for a H
96 SUPREME COURT REPORTS [2011] 1\ S.C.R. -
I
A second time 'through him. Even though PW 9 did not _...
support the actual incident, his evidence at least on t~
points admitted by him corroborates the evidence of P
4. [Para 12] [100-G-H; 107-A]
1.3 PW 2 proved the spot. He stated that the
B
panchanama was drawn in front of the house of PW 4.
At the time of the panchanama, PW 4 was accompanied
~
by the police and she had shown the entire area from her
house to the place in front of the shop of PW3. The police
seized the clothes in torn condition, produced by PW4.
c There were pieces of banglesJying in front of the house.
Thus, there is no reason to disbelieve PW2. (Para 13] (101-
B-C]
1.4 It appears that the accused are powerful persons ·
D in the village inasmuch as that all the eye-witnesses have ~-
turned hostile out of fear or some inducement. However, .
PWB-doctor proved the medical certificate and stated that
tl'tere were two contusions on the person of the victim.
[Para 14] (101-D]
E
1.5 The parade of a tribal woman on the village road •
in broad day light is shameful, shocking and outrageous.
The dishonor of PW 4 called for harsher punishment, it -r
is surprising that the State Government did not file any
appeal for enhancement of the punishment awarded by
F the Additional Sessions Judge. [Paras 15] [101.:E-F]
2. India has tremendous diversity and this is due to
the large scale migrations and invasions into India over
thousands of years. The various immigrants/invaders __..
G who came into India brought with them their different
cultures, languages, religions, etc. which accounts for the
tremendous diver5ity in India. Since India is a country of
great diversity, it is absolutely essential if the country is
united to have tolerance and equal respect for all
H communities and sects. The Constitution of India which
.... KAILAS & ORS. v. STATE OF MAHARASHTRA TR. 97
TALUKA P.S.
is secular in character, caters to the tremendous diversity A\
in our country. Thus, it is the Constitution of India which
is keeping us together despite all our tremendous
diversity, because the Constitution gives equal respect
to all communities, sects, lingual and ethnic groups, etc.
in the country. The Constitution guarantees to all citizens B
freedom of speech (Article 19), freedom of religion (Article
25), equality (Articles 14 to 17), liberty (Article 21 ), etc.
However, giving formal equality to all groups or
, communities in India would not result in genuine equality.
The historically disadvantaged groups must be given · c
special protection and help so that they can be uplifted
from their poverty and low social status. It is for this
reason that special provisions have been made in our
Constitution in Articles 15(4), 15(5), 16(4), 16(4A), 46, etc.
for the upliftment of these groups. Among these 0
disadvantaged groups, the most disadvantaged and
marginalized in India are the Adivasis (STs), who, are the--
descendants of the original inhabitants of India, and are
the most marginalized and living in terrible poverty with
·high rates of illiteracy, disease, early mortality etc. Thus, E
it is the duty of all people who love the country to see
that no harm is done to the Scheduled Tribes and that
they are given all help to bring them up in their economic
and social status, since they have been victimized for
thousands of years by terrible oppression and atrocities.
The mentality of the countrymen towards these tribals F
must change, and they must be given the respect they
deserve as the original inhabitants of India. [Para 31, 34]
[107-E-G; 108-A-C]
3. The injustice done to the tribal people of India is a G
shameful chapter in the country's history. Instances like
the instant case deserves total condemnation and harsh
punishment. [Paras 36 and 40] [108-G-H; 109-G]
Samatha vs. State of Andhra Pradesh and Ors. AIR 1997
H
SC 3297 - referred to.
A
98 SUPREME COURT REPORTS
Case Law Reference:
[2011] 1 S.C.R.
-
AIR 1997 SC 3297 Referred to Para 34
CRIMINAL AP PELLATE JURISDICTION : Criminal Appeal
No. 11 of 2011.
B
From the Judgment and Order dated 10.03.2010 of the
High Court of Bombay Bench at Aurangabad in Criminal
Appeal No. 62 of 1998.
+
Dilip A. Taur and Anil Kumar for the Appellants.
c
The following Judgment of the Court was delivered
JUDGMENT
1. Leave granted.
D
).
2. This appeal has been filed against the final judgment
and order dated 10.03.2010 in Criminal Appeal No. 62 of 1998
passed by the Aurangabad Bench of Bombay High Court.
E 3. Heard learned counsel for the appellants.
4. This appeal furnishes a typical instance of how many of
our people in India have been treating the tribal people
(Scheduled Tribes or Adivasis), who are probably the )- -
descendants of the original inhabitants of India, but now
F constitute only about 8% of our total population, and as a group
are one of the most marginalized and vulnerable communities
in India characterized by high level of poverty, illiteracy,
unemployment, disease, and landlessness.
G 5. The victim in the present case is a young woman
--4
Nandabai 25 years of age belonging to the Bhil tribe which is ~
a Scheduled Tribe (ST) in Maharashtra, who was-beaten with
fists and kicks and stripped naked by the accused persons
after tearing her blouse and brassieres and then got paraded
H
--
KAILAS & ORS. v. STATE OF MAHARASHTRA TR. 99
TALUKA P.S.
· in naked condition on the iroad of a village while being beaten A
,,i.., and abused by the accused herein.
6. The four accused were convicted by the Additional
Sessions Judge, Ahmednagar on 05.02.1998 under Sections
452, 354, 323, 506(2) read with Section 34 IPC and sentenced
8
to suffer RI for six months and to pay a fine of Rs. 100/-. They
were also sentenced to suffer RI for one year and to pay a fine
of Rs. 100/- for the offence punishable under Sections 354/34
IPC. They were also sentenced under Section 323/34 IPC and
sentenced to three months RI and to pay a fine of Rs. 100/-.
The appellants were further convicted under Section 3 of the C
Scheduled Cases and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 and sentenced to suffer RI for one year
and to pay a fine of Rs. 100/-.
6. In appeal before the High Court the appellants were D
acqu-itted of the offence under Section 3 of the SC/ST Act, but
the conviction under the provisions of the IPC were confirmed:
However, that part of the order regarding .fine was set aside
and each of the appellant was directed to pay a fine of Rs.
5000/- only to the victim Nandabai. E
7. The prosecl;~ion case is that the victim Nandabai who
belongs to the Bhil community was residing with her father,
handicapped brother, and lunatic sister. She had illicit relations
with PW9 Vikram and had given birth to his daughter and was
also pregnant through him for a second time. Vikram belongs F
to a higher caste and his marriage was being arranged by his
family with a woman of his own caste. On 13.5.1994 at about
5 00 P.M. when the victim Nandabai was at her house the four
accused went to her house and asked why she had illicit
relations with Vikram and started beating her with fists and G
kicks. At that time the accused Kailas and Balu held her hands
.while accused Subabai @ Subhadra removed her sari. The
· accused Subhash then removed her petticoat and accused
Subabai tore the blouse and brassiere of the victim Nandabai.
H
100 SUP~EME COURT REPORTS [2011] 1 S.C.R.
A Thereafter the accused Subabai and Balu paraded the victim ~
Nandabai on the road of the village and at that time the four
accused herein were beating and abusing the victim Nandabai.
8. At about 8.40 p.rn. an FIR was lodged at Taluka Police
Station and after investigation a charge-sheet was filed. After
B
taking evidence the learned Additional Sessions Judge
convicted the accused.
9. As already mentioned above, the conviction under the
provisions of the IPC have been upheld but that under the
c Scheduled Cases and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 have been set aside.
10. We are surprised that the conviction of the accused
under the Scheduled Cases and Scheduled Tribes (Prevention
D of Atrocities) Act, 1989 was set aside on hyper technical
grounds that the Caste Certificate was not produced and
investigation by a Police Officer of the rank of Deputy
Superintendent of Police was not done. These appear to be
only technicalities and hardly a ground for acquittal, but since
no appeal has been filed against that part of the High Court
E
judgment, we are now not going into it.
11. However, we see no reason to interfere with the ;- -
judgment of the High court convicting the appellants under
various provisions of the IPC and imposing fine on them. In fact,
F we feel that the sentence was too light considering the gravity
of the offence.
12. There is the evidence of the victim Nandabai PW4
herself and we see no reason to disbelieve the same. Although
....
G many of the witnesses have turned hostile, we see no reason
to disbelieve the statement of the victim Nandabai. In fact, PW9
Vikram supported the prosecution case to some extent. He has
accepted his illicit relations with victim Nandabai and admitted
that he had a daughter from her and she was pregnant for a
second time through him. Even though he did not -support the
H
KAILAS & ORS. v. STATE OF MAHARASHTRA TR. 101
TALUKA P.S.
y, actual incident, we are of the opinion that Vikram's evidence A
at least on the points admitted by him corroborates the
evidence of victim Nandabai.
13. PW2 Narendra Kalamkar has proved the spot
panchanama Exh. 12. He stated that the panchanama was
B
drawn in front of the house of PW4, the victim Nandabai. At
the time of the panchanama, Nandabai was accompanied by
-+ the police and she had shown the entire area from her house
to the place in front of the shop of PW3 Shankar Pawar. The
police seized the clothes in torn condition, PfOduced by PW4
Nandabai. There were pieces of bangles ly111g in front of the c
house. Hence there is no reason to disbelieve PW2 Narendra
Kalamkar.
14. It appears that .the accused are powerful persons in
the village inasmuch as that all the eye-witnesses have turned D
hostile out of fear or some inducement. However, PW8 Dr.
Ashok lngale proved the medical certificate Exh. 26 and stated
that there were two contusions on the person of the victim.
15. The parade of a tribal woman on the village road in
broad day light is shameful, shocking and outrageous. The E
dishonor of the victim Nandabai called for harsher punishment,
-""(
and we are surprised that the State Government did not file
any appeal for enhancement of the punishment awarded by the
Additional Sessions Judge.
F
16. It is alleged by the appellants that the people belonging
to the Bhil community live in torn clothes as they do not have
proper clothes to wear. This itself shows the mentality of the
I- accused who regard tribal people as inferior or sub-humans.
This is totally unacceptable in modern India. G
17. The Bhils are probably the descendants of some of
the original inhabitants of India living. in various parts of the
country particularly southern Rajasthan, Maharashtra, Madhya
Pradesh etc. They are mostly tribal people and have managed
H
102 SUPREME COURT REPORTS [2011] 1 S.C.R.
A to preserve many of their tribal customs despite many
oppressions and atrocities from other communities.
18. It is 'stated in the Article '\l\/orld Directory of Minorities
and Indigenous Peoples - India: Advasis', that in Maharashtra
Bhils were mercilessly persecuted in the 17th century. If a
8
criminal was caught and found to be a Bhil, he or she was often
killed on the spot. Historical accounts tell us of entire Bhil
communities being killed and wiped out. Hence, Bhils retreated
to the strongholds of the hills and forests.
C 19. Thus Bhils are probably the descendants of some of
the original inhabitants of India known as the 'aborigines' or .
Scheduled Tribes (Adivasis), who presently comprise of only
about 8% of the population of India. The rest 92 % of the
population of India consists of descendants of immigrants. Thus
o India is broadly a country of immigrants liko Norlh America.
We may consider this in some detail.
India is broadly a country of immigrants
20. While North America (USA and Canada) is a country
E of new immigrants, who came mainly from Europe over the last
four or five centuries, India is a country of old immigrants in
which people have been coming in over the last ten thousand
years or so. Probably about 92% people living in India today
are descendants of immigrants, who came mainly from the
F North-West, and to a lesser extent from the North-East. Since
this is a point of great importance for the understanding of our
country, it is necessary to go into it in some detail.
21. People migrate from uncomfortable areas to
G comfortable areas. This is natural because everyone wants to
live in comfort. Before the coming of modern industry there were
agricultural societies everywhere, and India was a paradise for
these because agriculture requires level land, fertile soil, plenty
of water for irrigation etc. which was in abundance in India. Why
H should anybody living in India migrate to, say, Afghanistan which
KAILAS & ORS. v. STATE OF MAHARASHTRA TR. 103
TALUKA P.S.
has a harsh terrain, rocky and mountainous and covered with A
.,., snow for several months in a year when one cannot grow any
crop? Hence, almost all immigrations and invasions came from
outside into India (except those Indians whoDwere sent out
during British rule as indentured labour, and the recent
migration of a few mil.lion Indians to the developed countries 8
for job opportunities). There is perhaps not a single instance
of an invasion from India to outside India.
22. India was a veritable paradise for pastoral and
agricultural societies because it has level & fertile land,
hundreds of rivers~ forests etc. and is rich in natural resources. c
Hence for thousands of years people kept pouring into India
because they found a comfortable life here in a country which
was gifted by nature.
23. As the great Urdu poet Firaq Gorakhpuri wrote: D
J..
"Sar Zamin-e-hind par aqwaam-e-alam ke firaq Kafile
guzarte gae Hindustan banta gaya"
• Which means -
E
"In the land of Hind, the Caravans of the peoples of The
world kept coming in and India kept getting formed".
''I, 24. Who were the original inhabitants of India ? At one time
it was believed that the Dravidians were the original inhabitants.
F
However, this view has been considerably modified
subsequently, and now the generally accepted belief is that the
original inhabitants of India were the pre-Dravidian aborigines
i.e. the ancestors of the present tribals or advasis (Scheduled
Tr:'"ies). In this connection it is stated in The Cambridge History
G
>-- of lnci:::t (Vol-I}, Ancient India as follows:
"It must be remembered, however, that, when the term
'Dravidian' is thus used ethnographically, it is nothing more
than a convenient label. It must not be assumed that the
speakers of the Dravidian Ian::· ·ages are aborigines. In H
104 SUPREME COURT REPORTS [2011] 1 S.C.R.
A Southern India, as in the North, the same general
distinction exists between the more primitive tribes of the
hills and jungles and the civilized inhabitants of the fertile
tracts; and some ethnologists hold that the difference is
racial and not merely the result of culture. Mr. Thurston, for
B instance, says:
"It is the Pre-Dravidian aborigines, and not the later
and more cultured Dravidians, who must be
regarded as the primitive existing race ...... These
Pre-Dravidians ...... are differentiated from the
c Dravidian classes by their short stature and broad
(platyrhine) noses. There is strong ground for the
belief that the Pre-Dravidians are ethnically related
to the Veddas of Ceylon, the Talas of the Celebes.
the Batin of Sumatra, and possibly the Australians.
D (The Madras Presidency, pp. 124-5.)"
).
It would seem probable, then, that the original speakers
of the Dravidian languages were outsiders, and that the
ethnographical Dravidians are a mixed race. In the more
E habitable regions the two elements have fused, while
representatives of the aborigines are still in the fastnesses
(in hills and forests) to which they retired before the
encroachments of the newcomers. If this view be correct,
we must suppose that these aborigines have, in the
course of long ages, lost their ancient languages and
F
adopted those of their conquerors. The process of
linguistic transformation, which may still be observed in
other parts of India, would seem to have bsen carried out
more completely in the South than elsewhere.
G The theory that the Dravidian element is the most ancient
which we can discover in the population of Northern India,
must also be modified by what we now know of the Munda
· languages, the lndi<jln representatives of the Austric family
of speech, and the mixed languages in which their
H influence has been traced (p.43). Here, according to the
KAILAS & ORS. v. STATE OF MAHARASHTRA TR. 105
TALUKA P.S.
evidence now available, it would seem that the Austric A
element is the oldest, and that it has been overlaid In
different regions by successive waves of Dravidian and -
lndo-European on the one hand, and by 1ibeto-Chinese on
-the other. Most ethnologists hold that there is no difference
in physical type between the present speakers of Munda B
and Dravidian languages. This statement has been called
in question; but, if it is true, it shows that racial conditions
have become so complicated that it is no longer possible
~ to analyse their constituents. Language alone has
preserved a record which would otherwise have been lost. c
At the same time, there can be little doubt that Dravidian
languages were actually flourishing in the western regions
of Northern India at the period when languages of the lndo-
European type were introduced by the Aryan invasions
from the north-west. Dravidian characteristics have been D
>.. traced alike in Vedic and Classical Sanskrit, in the
Prakrits, or early popular dialects,· and in the modern
vernaculars derived frorn them. The linguistic strata would
thus appear to be arranged in the order-Austric, Dravidian,
lndo-European. E
There is good ground, then, for supposing that, before the
coming of the lndo-Aryans speakers the Dravidian
-"
' languages predominated both in Northern and in Southern
India; but, as we have seen, older elements are F
discoverable in the populations of both regions, and
therefore the assumption that the Dravidians are aboriginal
is no longer tenable. Is there any evidence to show whence
they came into India?
,-;'J theory of their origin can be maintained which does G
>-- not ..~'Jcount for the existence of Brahui, the large island
of Dra'v ......ian speech in the mountainous regions of
distant Baluchistan which lie near the western routes into
India. Is Brahui a surviving trace of the immigration of
Dravidian -speaking peoples into India from the west? Or H
106 SUPREME COURT REPORTS (2011] 1 S.C.R.
A does it mark the limits of an overflow form India into
Baluchistan? Both theories have been held; but as al/ the
great movements of peoples have been into .India and
not out of India, and as a remote mountainous district may
be expected to retain the survivals of ancient races while
B it is not likely to have been colonized, the former view
would a priori seem to be by far the more probable."
(See 'Brahui' on Google).
25. In Google 'The original inhabitants of India', it is
C mentioned :
"A number of earlier anthropologists held the view that the
Dravidian peoples together were a distinct race. However,
comprehensive genetic studies have proven that this is not
D the case.
The original inhabitants of India may be identified with
the speakers of the Munda languages, which are
unrelated to ei.ther lndo-Aryan or Dravidian languages"
E 26. Thus the generally accepted view now is that the
original inhabitants of India were not the Dravidians but the pre-
Dravidians Munda aborigines whose descendants presently
live in parts of Chotanagpur (Jharkhand), Chattisgarh, Orissa,
West Bengal, etc., the Todas of the Nilgiris in Tamil Nadu, the
F tribals in the Andaman Islands, the Adivasis in various parts of
India (especially in the forests and hills) e.g. Gonds, Santhals.
Bhils, etc.
27. It is not necessary for us to go into further details into
G this issue, but the facts mentioned above certainly lends support
to the view that about 92% people living in India ,are
descendants of immigrants (though more research is
required).
28. It is for this reason that there is such tremendous
H diversity in India. This diversity is a significant feature of our
KAILAS & ORS. v. STATE OF MAHARASHTRA.TR .. 107
TALUKA P.S.
· country, and the only way to explain it is to accept that India is A
~ largely a country of immigrants.
29. There are a large number of religions, castes,
languages, ethnic groups, cultures etc. in our country, which is
due to the fact that India is a country of immigrants. Somebody B:
is tall, somebody is short, some are dark, some are fair .
complexioned, with all kinds of shades iri between, somecme
has Caucasian features, someone has Mongoloid features, .
someone has Negroid features, etc. There are differences in
dress, food habits and various other matters.
c
30. We may compare India with China which is larger both
in population and in land area than India. China has a
population of about 1.3 billion whereas our population is roughly
1.1 biUion. Also, China has more than twice our land area.
However, all Chinese have Mongoloid features; they have a o
l common written script (Mandarin Chinese) and 95% of them
belong to one ethnic group, called the Han Chinese. Hence ·
there is a. broad (though not absolute) homogeneity in China:
31. On the other hand, as stated above, India has
tremendous diversity and this is due to the l~r~e scale. E
migrations and invasions into India over thousands of years. The
various immigrants/invaders who came into India brought with
them. their different cultures, languages, religions; etc. which .·
accounts for the tremendous diversity in India. ·
F
32. Since India is a country of great diversity, it is absolutely
essential if we wish to keep our country united to· have tq!erance
and equal respect for <illf communities and sects. It was due to~·
· the-wisdom of our founding fathers that we have :a Constitution·
·which is- secular in character, and· which caters to the G
tremendous diversity in our country.
33. Thus it is the Constitution of India which is keeping us .
together despite all our tremendous diversity, because. the
Constitution gives equal respect to all communities, sects, . H.
108 SUPREME COURT REPORTS [2011) 1 S.C.R.
A lingual and ethnic groups, etc. in the country. The Constitution
guarantees to all citizens freedom of speech (Article 19),
freedom of religion (Article 25), equality (Articles 14 to 17),
liberty (Article 21 ), etc.
34. However, giving formal equality to all groups or
B communities in India would not result in genuine equality. The
historically disadvantaged groups must be given sp~cial
protection and help so that they can be uplifted from their
~
poverty and low social status. It is for this reason that special
provisions have been made in our Constitution in Articles 15(4),
c 15(5), 16(4), 16(4A), 46, etc. for the upliftment of these groups.
Among these disadvantaged groups, the most disadvantaged.
and marginalized in India are the Adivasis (STs), who, as
already mentioned, are the descendants of the original
inhabitants of India, and are the most marginalized and living
D in terrible poverty with high rates of illiteracy, disease, early
mortality etc. Their plight has been described by this Court in
Samatha vs. State of Andhra Pradesh and Ors. Al R 1997 SC
3297 (vide paragraphs 12 to 15). Hence, it is the duty of all
people who love our country to see that no harm is done to the
E Scheduled Tribes and that they are given all help to bring them
up in their economic and social status, since they have been
victimized for thousands of years by terrible oppression and
'f- -
atrocities. The mentality of our countrymen towards these tribals
must change, and they must be given the respect they deserve
F as the original inhabitants of India.
35. The bravery of the Bhils was accepted by that great
Indian warrior Rana Pratap, who held a high opinion of Bhils
as part of his army.
G 36. The injustice done to the tribal people of India is a
shameful chapter in our country's history. The tribals were called
'rakshas' (demons), 'asuras', and what not. They were ""
slaughtered in large numbers, and the survivors and their
descendants were degraded, humiliated, and all kinds of
H atrocities inflicted on them for centuries. They were deprived
KAILAS & ORS. v. STATE OF MAHARASHTRA TR. 109
TALUKA P.S.
of their lands, and pushed into forests and hills where they eke A
...,.: out a miserable existence of poverty, illiteracy, disease, etc. And
now efforts are being made by some people to deprive them
even of their forest and hill land where they are living, and the
forest produce on which they survive.
B
37. The well known example of the injustice to the tribals
is the story of Eklavya in the Adiparva of the Mahabharat.
Eklavya wanted to learn archery, but Dronacharya refused to
-+--
teach him, regarding him as low born. Eklavya then built a
statue of Dronacharya and practiced archery before the statue.
He would have perhaps become a better archer than Arjun, but
c
since Arjun was Dronacharya's favourite pupil Dronacharya told
Eklavya to cut off his right thumb and give it to him as 'guru
dakshina' (gift to the teacher given traditionally by the student
after his study is complete). In his simplicity Eklavya did what
he was told . D
.l
38. This was a shameful act on the part of Dronacharya.
He had not even taught Eklavya, so what right had he to
demand 'guru dakshina', and that too of the right thumb of
Eklavya so that the latter may not become a better archer than · E
his favourite pupil Arjun?
-\:
39. Despite this horrible oppression on them, the tribals
of India have generally (though not invariably) retained a higher
level of ethics than the non-tribals in our country. They normally
F :
do not cheat, tell lies, and do other misdeeds which many non-
tribals do. They are generally superior in character to the non-
tribals. It is time now to undo the historical injustice to them.
40. Instances like the one with which we are concerned in
~ this case deserve total condemnation and harsh punishment. G
41. With these observations the appeal stands dismissed.
N.J. Appeal dismissed
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