Social boycott of individuals or families by caste panchayats will be a crime in Maharashtra soon as the Devendra Fadnavis-led BJP government is coming up with legislation for punishing the culprits. The draft act has recommended seven years of imprisonment or fine of '5 lakh or both for the guilty. Maharashtra would probably be the first state across the country to enact such a law against the practice.
The draft of the act has been uploaded on the state’s website for suggestions and objections from people. The government has named the law ‘Maharashtra Prohibition of Social Boycott Act, 2015’ and it terms social boycott as a crime that needs to be dealt with, with the aid of a stern law. The draft act has recommended imprisonment of seven years or fine of '5 lakh or both in case the accused is convicted. The draft also has a time limit for completing such trials. It says, “A trial shall be completed within a period of six months from the date of filing of chargesheet.”
An offence punishable under the draft act shall be cognisable and bailable and can be tried by a metropolitan magistrate or a judicial magistrate of the first class, as the case may be. “‘Caste Panchayat’ as a committee or a body formed by a group of persons belonging to any community, whether registered or not, which functions within the community to regulate various practices in the same community, controls personal and social behaviour of any member and collectively resolves or decides any disputes amongst their members including their families, by issuing oral or written dictums,” the draft says.
It also has a provision of ‘Social Boycott Prohibition Officer’ to detect the commission of offences under the provisions of this Act. The officer will also assist the magistrate and police officers to discharge their duties with respect to the Act.
Moreover, while framing charges for the offences under this draft act, the magistrate may also frame charges under various sections of the IPC including sections 34 (acts done by several persons in furtherance of common intention), 120A and 120B (Criminal conspiracy), and 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, and doing acts prejudicial to maintenance of harmony).
