Amid UGC Controversy, Bihar’s ‘Atrocity-Prone Areas’ Law Sparks Debate: SC/ST Protection vs. Concerns of Upper Castes

Patna: A fresh debate has erupted in Bihar and across the country over the University Grants Commission’s (UGC) new guidelines and the strict provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Critics claim these rules may violate Article 14 of the Constitution, which guarantees equality before the law, and could disproportionately affect upper-caste communities.

The controversy has intensified in Bihar, where 34 out of 38 districts have been declared “atrocity-prone areas.” These districts are now subject to heightened legal and security measures aimed at protecting SC/ST communities, leading some sections of society to claim that the upper castes feel unsafe and disadvantaged under the regulations.

34 Districts Declared ‘Sensitive’

According to official reports, 34 districts have been identified as sensitive for potential atrocities against SC/ST communities. These include Patna, Nalanda, Rohtas, Bhabhua (Kaimur), Bhojpur (Ara), Buxar, Gaya, Jehanabad, Nawada, Aurangabad, Saran (Chhapra), Siwan, Gopalganj, Muzaffarpur, Sitamarhi, West Champaran (Betia), West Champaran (Bagha), East Champaran (Motihari), Vaishali, Darbhanga, Madhubani, Samastipur, Saharsa, Madhepura, Purnia, Bhagalpur, Banka, Munger, Sheikhpura, Begusarai, Khagaria, Katihar, Jamui, and Araria.

Strict Legal Provisions

Under the 1989 SC/ST (Prevention of Atrocities) Act, as amended in 2015 and 2018, FIRs can be registered in these districts without preliminary investigation. Arrests can be made without prior approval from senior officials, and there is no provision for anticipatory bail for the accused. Critics argue that these measures violate the principle of equality and can create a perception of bias against upper-caste individuals.

Enhanced Surveillance and Administrative Focus

To enforce law and order, the state has set up SC/ST Protection Cells under DGP or ADGP-level officers. At the district level, special officers of ADM rank and dedicated police stations have been established. Monitoring committees led by District Magistrates are empowered to temporarily evict potential offenders from sensitive areas. While the administration claims these steps protect marginalized communities, opponents argue the measures are one-sided and may lead to social imbalance.

Historical Context and Current Concerns

The “atrocity-prone areas” framework was originally introduced in 1995 under then-Chief Minister Lalu Prasad Yadav to safeguard vulnerable communities and prevent violence. State governments are required to submit annual reports to the Home Ministry and Ministry of Social Justice, which form the basis for central government declarations. Currently, 34 of Bihar’s 38 districts (86.84%) fall under this category. Critics claim that the government’s policy assumes upper-caste populations pose a threat to SC/ST communities, raising concerns that, in communal unrest, upper-caste residents may be unable to defend themselves under the stringent legal framework.

The debate continues to polarize opinions, highlighting the delicate balance between protecting marginalized communities and ensuring equality and fairness for all citizens.