K’taka passes bill criminalising social boycotts

THe mysore gathering on th nemine contradicente passed a note aimed at curbing caste and community driven exclusion, which, if enacted, would make it the second state after Maharashtra to criminalise the practice.The Social Boycott Prevention Prohibition and Redressal Bill, introduced on December 12 by Social Welfare Minister H C Mahadevappa, establishes criminal penalties for imposing or enabling social exclusion through informal community mechanisms. The law prescribes imprisonment of up to 3 years, a fine that may extend to ₹1 lakh, or both.During the debate, Mahadevappa described the bill as historic, saying its objective was to promote equality and prevent backward and marginalised groups from being pushed further to the margins through practices of social boycott. Legislators from the Bharatiya Janata Party and the Janata Dal Secular welcomed the passage of the bill.The legislation defines a social boycott as any act or gesture, whether oral or written, that results in social discrimination among members of a community. It outlines 20 forms of exclusion, including denying a person the right to work, hire services, conduct business, or participate in social and religious life on the same terms as others.According to the bill, social boycotts often extend into routine activities, such as refusal to “deal with, work or hire or do business with other person,” blocking access to services or contractual arrangements, or refusing “to do anything on the terms on which things would be commonly done in the ordinary course of business.” It also covers preventing individuals from observing religious or social customs, interfering with marriage or funeral rites, and acts that “commit or cause to commit social ostracism on any grounds.”The law brings within its scope not only those who directly impose a boycott but also those who encourage or enforce it. The bill states that “any person who uses his influence to enforce a social boycott and every member of a body who has voted in favour of a social boycott will be deemed to have committed the offence.”Explaining the need for new legislation, the bill notes that “it has been observed that the unconstitutional practices such as boycotts, imposition of various punishments by extra judicial bodies such as caste or community panchayats etc, are still in practice in various communities in the state, resulting in great harassment to individuals or groups in leading their lives with dignity.” Lawmakers argue that such practices weaken social cohesion, adding that boycotts “hurt the social life of the community, while giving rise to ill feelings and disharmony in society.”The act also criminalises gatherings convened to deliberate or plan the imposition of a social boycott. Any assembly formed with such intent would be considered unlawful and could attract fines of up to ₹1 lakh. Those who aid or abet the commission of an offence face imprisonment of up to 3 years, a fine up to ₹1 lakh, or both. All offences under the law are classified as cognizable and bailable.If an accused is convicted, the court is required to hear the victim on the question of sentencing before passing an order. The legislation also proposes the appointment of a social boycott prohibition officer to help identify violations and assist courts during proceedings.The bill argues that existing legal provisions have failed to adequately address what it calls “evil and unconstitutional practices.” It states that current measures have been “found to be inadequate in dealing with such practices,” concluding that “it is therefore necessary to eradicate these evil and unconstitutional practices from the society.”The legislation comes against the backdrop of several documented cases of social exclusion in Karnataka. In 2017, Dalit residents of Kottihalli village in Tumakuru district reported being cut off from community life after entering a village temple during a fair. In the same year, nearly 100 Dalit families in Matyali village in Bijapur district said they were denied water, electricity, groceries and access to farm work after requesting that a village circle be named after B R Ambedkar.More recent incidents suggest the practice has continued. In March 2024, residents of Malligere in Tumkur district accused local authorities of halting water supply to a Dalit colony while maintaining service in other areas. In August 2024, around 50 Dalit families in Bapparaga village in Yadgir district were reportedly ostracised after a police complaint in a sensitive matter, with community leaders allegedly directing residents to sever all social and commercial ties.