Dinesh Kamath's Editorial 'Law against social boycott was always needed' that was published in Newsband

Law against social boycott was always needed

Maharashtra’s law criminalising social ostracism is greatly appreciated. Maharashtra’s new law prohibiting the social boycott of individuals, families or any community by informal village councils has pleased may right thinking people. This law received Presidential assent recently.

The Maharashtra Protection of People from Social Boycott (Prevention, Prohibition and Redressal) Act, 2016, is a law which is most necessary. The Act lists over a dozen types of actions that may amount to ‘social boycott’, which has been made a criminal offence punishable with imprisonment up to three years or a fine of ₹1 lakh or both.

This law takes into account discrimination on the basis of morality, social acceptance, political inclination, sexuality, which it prohibits.

These are legal protections intended for the Scheduled Castes. In reality, members of various castes and communities also require such protection from informal village councils and gatherings of elders who draw on their own notions of conformity, community discipline, morality and social mores to issue diktats to the village or the community to cut off ties with supposedly offending persons and families.

Ostracism is a practice repugnant to human dignity. This law needs to be extended to cover the urban areas also - particularly the cooperative housing societies. It will help in running the cooperative housing societies in a transparent manner.

It is not enough to just make a law but its enforcement is also needed. Social ostracism through informal caste panchayats formed by dominant sections like the one of Raigad forced Maharashtra to bring out an exhaustive legislation. Sure it can aim at outlawing subjective inferences on what is social conformity and likeable civil behaviour.

The government itself should not become a bigger panchayats that have assumed what is good for the society by virtue of political majority.

That we require a legislation to prevent social boycott even after these many years of freedom shows that there are still communal tones continuing to exist.  

More protection is needed beyond scheduled castes. Protection of people against social boycott is a crucial responsibility of the government. This law may be a positive step. But, it should be implemented stringently to be effective. The progressive Act is a welcome piece of legislation. The inherent punishment element will act as a powerful deterrent against the repugnant informal panchayat that has led to grave tragedies in many communities. Emulation of the Act in other states is an imperative need.