Creating a “casteless” society was the ideal dream of the founding fathers of the Constitution of India. That is essential to remove any discrimination. But that dream has been turned upside down with both the ruling Bharatiya Janata Party and the principal opposition party the Congress rooting for caste census, through which people across the country will be identified by their caste.
Caste appeasement is such a competitive business in India that the Congress has been claiming that it forced the BJP to go for caste census, while actually it (the BJP) is opposed to the idea.
When people will “proudly” proclaim their caste, whatever it may be, then where is the scope of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act? It is one of the most misused laws in the country, like the dowry and rape laws. Caste abuse, if any, of the member of any community starts with identifying him with the particular caste or community s/he belongs to. The abuse is not restricted to lower castes only.
Even the upper castes, particularly the Brahmins, are also often abused for their caste. “Brhaminvaad” is the fashionable abuse that gets politically rewarded.
Thankfully, the Supreme Court of India recently held that the “caste-based abuse” occurring inside a private house and not in public view would not attract the stringent sections of the SC/ST Act. The judgment means that “public view” is an essential statutory requirement and mere allegation of caste abuse is insufficient unless it occurred in a place visible or accessible to the public.
In a separate observation the Supreme Court also said the courts should not mechanically deny anticipatory bail merely because the SC/ST Act sections have been invoked. It said the courts must examine whether a prima facie offence is made out before denying the bail to the accused.
While some political parties have expressed their “characteristic concern” over the judgment, it should come as a major antidote against the abuse and misuse of the SC/ST Act. It is easiest way to intimidate people. Given the reputation of the state police across the country added to the increased “caste sensitivities” that are played up as these promise electoral dividends, no political party can dare to even amend it, leave aside repealing it. But, repealed it must be.
Easiest way to implicate someone is to accuse him/her of hurling “caste” abuse on someone, irrespective of whether the accused person knows the caste of the person.
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There are umpteen instances of abuse of this Act against innocent people. Every story of the abuse of the Act is unique in itself. In one such case, a retired manager of a nationalised bank was made to be on the run for over a year. Reason was a case under the SC/ST Act registered against him on the complaint of a person he had never ever seen or met. It so happened that his daughter did not get along well with her husband. The matter ended up with the police under the Dowry Act, again one of the most abused laws.
Since the matrimonial dispute could not be settled mutually, his daughter’s in-laws managed to frame him (the retired bank official) in a case under the SC/ST Act. The allegation was that the official abused the complainant, when he had not even met him. The poor man remained on the run as the offence under which he was booked was non-bailable. Instead of pursuing the case to get justice for his daughter, he had to first get himself bailed. That is the level of harassment people get subjected to with the misuse of the SC/ST Act.
It is not for the first time that the Supreme Court of India has intervened against the misuse of the law. On March 20, 2018, the Supreme Court had banned the immediate arrest of a person accused of insulting or injuring a member of a Scheduled Caste community member to prevent “arbitrary arrest”, which often happens in such cases. Besides, the court had spelt out various safeguards against the misuse of the Act.
But, as often happens in India, this led to countrywide protests. Since no political dispensation in the country would like to be seen as “anti-Scheduled Caste”, the BJP government, within three months amended the law and on August 20, 2018, which mandated that “preliminary enquiry shall not be required for registration of an FIR against any person and section 18A(1)(b), the investigating officer shall not require approval for the arrest, if necessary, of any person against whom an accusation of having committed an offence under this Act has been made and no procedure, other than that provided under this Act or the Code, shall apply.”
Against the Supreme Court order allowing anticipatory bail, the 2018 amendments categorically ruled out anticipatory bail of anyone accused of any abuse or atrocity against any member of the SC community.
While the recent judgment passed a few days ago in the same matter does provide a ray of hope against the misuse of the law, particularly arbitrary arrest and denial of bail, there is likelihood of the public furore which may force the government to again amend the Act to make it more stringent.
An atrocity is an atrocity. A crime is a crime, no matter against whom it is committed. Why shouldn’t these be dealt with according to a common/ uniform law? And it is not that the SC and the STs alone are subjected to abuse and atrocities that there should be special law. Crimes against the SCs, the STs and other “marginalised” sections can always be dealt with in accordance with the general law. Making special laws and provisions makes it look “vengeful”. Justice can be delivered according to the law and not with vengeance, which special laws like SC/ST Act lead to.
Yes, the SCs and the STs have been subjected to inhuman atrocities and brutalities for ages. But the times have changed now. There cannot be any revenge for the crimes committed centuries and generations ago. Moreover, for creating and building up a uniform and casteless society such laws cause impediments, which must be avoided.
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