The rocky road to 2019
M.K. Narayanan MAY 01, 2018 00:02 IST
UPDATED: MAY 02, 2018 00:07 IST
SHARE ARTICLE 105 12 PRINT A A A
The rocky road to 2019 MORE-IN
Parliament proceedings
Concrete steps are needed to defuse crises that could disrupt India’s political and social equilibrium
As 2019 and the general election beckon, the situation within the country appears far from reassuring. Several events over the past few months seem to presage that there is worse to follow. Protests and agitations have a life of their own and underestimating their potential could be cause for grief. Hence, it might be worthwhile for the nation’s leaders to pay heed to the ancient Chinese proverb, “the wind sweeping through the tower heralds a storm rising in the mountain”, and take anticipatory steps.
Lowdown on internal security
The authorities need to analyse why simultaneous upheavals are taking place on different planes across the country. Each day, a concatenation of events and situations are contributing to feelings of deep unease. Take internal security, for instance. The authorities may claim that the situation is stable but the daily litany of violence tells a different story. Jammu and Kashmir is a good example where the situation has been steadily deteriorating. The past year has witnessed an increase in casualties, of civilians and security personnel, an upsurge in terrorist violence, a rise in cross-border terrorism and increased infiltration from Pakistan. Despite the surgical strikes by India, a palpable fear syndrome prevails in the areas bordering Pakistan.
Likewise, claims made latterly of the eclipse of the Maoist menace — there are reports of scores of Maoists having been killed in Maharashtra’s Gadchiroli district in end-April — are clearly unconvincing. Maoist violence is not so prevalent in areas where it was once rampant; while the kill-ratio of Maoists to security force personnel appears to have gone in favour of the security forces, the capacity of Maoists in carrying out selective violence has not been significantly blunted, especially in their strongholds in Chhattisgarh, Odisha, Andhra Pradesh, Telangana and Maharashtra. As an ideology-based militant movement, Maoism needs to be countered by a sustained ideological campaign in rural and urban areas, but this is nowhere in evidence.
Next is the growing spectre of agrarian unrest. Over the past year, a series of protest movements by farmers have rocked the country. While the causes are varied, the basic issue remains the same, viz. the neglect of farmers and the agrarian community by those in authority. Large-scale protest marches by farmers such as the one in Maharashtra in March, evoke both concern and fear. More protests are in the offing. With cohesive leadership, the current peaceful agrarian protests could attain a dangerous dimension.
Dalit identity and concerns
An even bigger challenge confronts the nation today — on how to deal with the issue of Dalit “self-assertion”. This aspect was clearly manifest during the April 2 Bharat Bandh which was sponsored by different Dalit groups; its pan-India imprint was unprecedented. The bandh was to protest the judgment of the Supreme Court, amending the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act. The outburst of violence, which resulted in some casualties and the destruction of property worth crores, went far beyond this aspect. There was and is no mistaking the pent-up resentment or the degree of mistrust.
Anger and resentment have been building up within the Dalit community for quite some time. Growing numbers of atrocities against Dalits in recent years, which thanks to modern communications systems and social media have gained critical publicity, are undoubtedly the root cause of the pent-up anger. Instances in 2016, such as Rohith Vemula’s death at Hyderabad University, and, separately, in Una, have been triggers for the explosion of anger and violence.
However, the recent outburst points to a new brand of Dalit “rejectionist politics” which should be a matter of utmost concern. Appeasement is no longer acceptable. Moderating or repealing cow protection laws will hardly matter or make a difference. More reservation in jobs is unlikely to assuage Dalit concerns. A group of alumni from the Indian Institutes of Technology have given up their jobs to form a political party to fight for the rights of the Scheduled Castes, the Scheduled Tribes and Other Backward Classes.
Violence against children
If the authorities have been found wanting or are being accused of their inept handling of the April 2 agitation, they are now being hauled over the coals for their inability to check the spate of incidents of rape across the country. The brutal assaults on young children have touched a raw nerve. Demands are being made to ensure that crimes of this nature end and that the administration sheds its helplessness and starts taking stringent action.
Today, the place names, Kathua (Jammu) and Unnao (Uttar Pradesh), have become synonymous with the “epidemic” of rapes. But sexual violence still continues despite public outrage and the administration is seen to be helpless in preventing it, which is beginning to create a crisis of confidence in the ability of the administration and the government to deal with the situation. Questions are being asked as the administration is unable to fulfil one of its most basic responsibilities — to protect the honour and the dignity of women and children. Mere condemnation of rape by those in authority will not do.
Cracks in the two pillars
Distinct from these issues, but equally worrisome, is the extent of disruption seen in the functioning of Parliament. A disruption of parliamentary proceedings is not new, but the near total washout of the Budget session has shaken the faith of the nation.
The view from the Treasury Benches that the Opposition is to blame for this has gained little traction. Most people believe that the responsibility to ensure the smooth functioning of Parliament rests equally, if not more, with the ruling dispensation, apart from the Presiding Officers of the two Houses. What the nation is demanding is a resolution of the impasse, and not the assigning of blame. A lack of demonstrable action is only adding to the sense of dismay.
The prevailing dissonance in the higher judiciary, the display of divisions within the highest court of the land, and the charges levelled against the Chief Justice of India by Opposition parties which are seeking his impeachment, are again highly disturbing. There has been no precedent for such a situation. The persistence of such trends is giving rise to serious concerns as to where the nation is headed.
Cyber concerns
The authorities also need to be aware that as various State elections draw near, newer threats are likely to emerge. Among them are cyber threats. India is possibly the third most vulnerable country today from the point of view of cyberattacks. Many experts are of the view that as the digital economy expands, India will confront the spectre of cyberattacks. Given that it is already struggling to deal with threats such as ransomware and cryptojacking, India will need to tone up its strategic mindset and increase its homegrown capabilities expeditiously; a devastating cyberattack could undermine public confidence in an election year.
Finally, given the current resurgence in communal and caste aspirations, India cannot afford to overlook the danger of a rise in regional subnationalism, of which there are already some incipient signs. Such tendencies could gain a fillip, if as anticipated, the coming elections witness bitter electoral campaigns based on a variety of considerations that include caste and community.
It is not that solutions for all these problems fall within the purview of the authorities or the government. However, it is in the nature of things that the responsibility for situations tends to devolve on the government. Hence, it is important that the road to 2019 is paved with not only professed good intentions but also concrete steps to mitigate and “defuse” a succession of crises that have the potential to disturb the political and social equilibrium in an election year.
M.K. Narayanan is a former National Security Adviser and a former Governor of West Bengal
A pattern of impunity: on the SC/ST Act
G. Sampath MAY 04, 2018 00:02 IST
UPDATED: MAY 04, 2018 00:29 IST
SHARE ARTICLE 420 47 PRINT A A A
A pattern of impunity: on the SC/ST Act
The problem with the SC/ST Act is the failure of the criminal justice system to recognise its own casteist biases
For India’s Dalits and Adivasis, May 1 this year was a ‘May Day’ in more ways than one. It was May Day, the day to commemorate the labour movement (the vast majority of them do belong to the working classes), and also ‘mayday’ in the maritime sense, an occasion to broadcast their distress over a life-threatening emergency.
Dalit and Adivasi rights organisations observed May 1 as ‘National Resistance Day’. The immediate trigger was the Supreme Court order of March 20 on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter SC/ST Act). Protest meetings held across the country had three demands for the government: neutralise the Supreme Court order through an ordinance that would reinstate both the SC/ST Act and the SC/ST Amendment Act, 2015, in their original form; include both these laws in the Ninth Schedule to protect them from judicial review; and release all the Dalits arrested on April 2 when a ‘Bharat Bandh’ was observed to protest this Supreme Court order.
The Mahajan case
A lot has already been written on why the Supreme Court order is prejudicial to the cause of justice for victims of caste atrocities. But the underlying case that triggered the controversial judgment hasn’t received enough attention. It might be instructive to briefly consider the facts of this case, Subhash Kashinath Mahajan v. the State of Maharashtra.
ALSO READ
A view of the Supreme Court of India.
Preliminary enquiry not a must for every complaint under SC/ST Act, says Supreme Court
The dispute arose in 2007, when Bhaskar Gaikwad, a storekeeper in a government college in Karad, Maharashtra, wrote to the State government highlighting alleged illegalities committed by Satish Bhise, the college principal. Mr. Gaikwad is from the Scheduled Caste (SC) community, Mr. Bhise is a non-SC person.
In April 2008, Mr. Gaikwad stated in his annual confidential report (ACR) that he had brought to light certain irregularities in the procurement of materials for the college. When Mr. Gaikwad’s reporting officer, Kishor Burade (also a non-SC person), saw it, he allegedly entered false information in the ACR about Mr. Gaikwad’s performance as well as some casteist remarks about his character. Mr. Bhise, too, allegedly made mala fide comments against Mr. Gaikwad in the ACR.
When Mr. Gaikwad became aware of these remarks in his ACR, he filed a first information report (FIR) against Mr. Bhise and Mr. Burade under the sections of the SC/ST Act that penalise a non-SC person for giving a public servant false information that could harm a SC person. Since the accused were Class I officers, the police applied for sanction to prosecute them.
Subhash K. Mahajan, who was then the Director-in-charge, Technical Education, Maharashtra, wrote to the investigating officer denying sanction for prosecution, even though he did not have the authority to make that call.
ALSO READ
A view of the Supreme Court in New Delhi.
SC/ST Act: Your judgement caused disharmony, great damage to the country, Centre tells Supreme Court
Following Mr. Mahajan’s refusal to grant sanction for prosecution, the police in 2011 filed a C-Summary report on the case, which means that the case is “neither true nor false”. Mr. Gaikwad claims that he was not informed of this fact by either the police or the courts for more than four years, even though they were required by law to do so.
When he finally found out about the C-summary report in early 2016, he filed another FIR, this time against Mr. Mahajan, charging him with knowingly shielding persons accused of a crime against an SC person. This too is an offence that attracts the provisions of the SC/ST Act.
In August 2016, the defendant (Subhash Mahajan) approached the Bombay High Court asking for the FIR to be quashed on the grounds that the charges against him were false and frivolous. The High Court not only refused to quash the case but also ruled that “there are sufficient safeguards in the Act itself which guarantee protection against frivolous and false prosecution”.
The defendant then filed an appeal against this decision in the Supreme Court. The apex court, instead of concerning itself solely with the merits of Mr. Mahajan’s appeal, dramatically expanded the ambit of the case, noting, “The question which has arisen in the course of consideration of this matter is whether any unilateral allegation of mala fide can be ground to prosecute officers who dealt with the matter in official capacity and if such allegation is falsely made what is protection available against such abuse.”
In the name of protecting innocent non-SC persons from being victimised by false complaints under the SC/ST Act, it laid down three guidelines that nullify key provisions of this law: it removed the bar on grant of anticipatory bail; even though the Mahajan case only concerns public servants, it ruled that where the accused is a non-public servant, the police may make an arrest only after approval by a senior superintendent of police; and it held that before registering an FIR, the police may conduct a preliminary inquiry to ascertain the veracity of the complaint.
Setback for SC/STs
Taken together, the three changes neatly reverse the original mandate of the SC/ST Act: instead of immediately registering an FIR and investigating the accused, the police would now immediately doubt the Dalit and investigate her complaint for veracity, and what’s more, they are required to do so by law.
ALSO READ
A view of the Supreme Court in New Delhi.
Supreme Court to hear Centre’s review petition on SC/ST Act ruling
One might assume that special guidelines to curb false allegations would be sparked by a case where false allegations have been proven. But that is not quite the case here. The apex court’s judgment does not engage exhaustively with the allegations made by the original complainant, Mr. Gaikwad, against the defendants, Mr. Bhise, Mr. Burade and Mr. Mahajan.
In fact, Mr. Gaikwad has presented three fresh applications to the Supreme Court: one to prosecute Mr. Mahajan “for filing a forged English translation of the original Marathi FIR”; one seeking recall of the March 20 order on several grounds, “including fraud on the Hon’ble Supreme Court of India by not filing the full text of the FIR”; and one “seeking calling of original records from the Hon’ble Bombay High Court”. These applications were tagged and listed along with the Central government’s review petition.
By far the most disturbing aspect of the court’s order is the idea that poor conviction rates and high acquittal rates suggest a high number of false cases. Can we apply this logic, say, to the acquittals of all the accused in the Kilvenmani massacre (Tamil Nadu, 1968, 44 Dalits killed), Tsunduru massacre (Andhra Pradesh, 1991, eight Dalits killed), Bathani Tola massacre (Bihar, 1996, 21 Dalits killed), Laxmanpur-Bathe massacre (Bihar, 1997, 58 Dalits killed), Shankarbigha massacre (Bihar, 1999, 23 Dalits killed), to mention just a few of the most infamous instances of mass acquittals? Do these acquittals mean that the cases against the accused were false? Or do they suggest a pattern of bona fide impunity for crimes against the Scheduled Castes?
The SC/ST Act and the SC/ST Amendment Act hold enormous significance for Dalits not because they have been effective in protecting them from caste injustice; not at all. If they are cherished despite their poor conviction rates and shoddy implementation, it is because their very existence is a testament to Dalit agency in a heavily casteist society, and a powerful affirmation of the community’s faith in the Indian Constitution.
The problem with this law is not its supposed misuse but the inability of India’s criminal justice system to recognise its own casteist biases. It is, after all, a matter of common sense that in a society seeped in caste, no institution can claim immunity from casteist prejudices or mindset. Sadly, the judiciary has been reluctant to acknowledge the social matrix of jurisprudence in India, which is caste.
sampath.g@thehindu.co.in
M.K. Narayanan MAY 01, 2018 00:02 IST
UPDATED: MAY 02, 2018 00:07 IST
SHARE ARTICLE 105 12 PRINT A A A
The rocky road to 2019 MORE-IN
Parliament proceedings
Concrete steps are needed to defuse crises that could disrupt India’s political and social equilibrium
As 2019 and the general election beckon, the situation within the country appears far from reassuring. Several events over the past few months seem to presage that there is worse to follow. Protests and agitations have a life of their own and underestimating their potential could be cause for grief. Hence, it might be worthwhile for the nation’s leaders to pay heed to the ancient Chinese proverb, “the wind sweeping through the tower heralds a storm rising in the mountain”, and take anticipatory steps.
Lowdown on internal security
The authorities need to analyse why simultaneous upheavals are taking place on different planes across the country. Each day, a concatenation of events and situations are contributing to feelings of deep unease. Take internal security, for instance. The authorities may claim that the situation is stable but the daily litany of violence tells a different story. Jammu and Kashmir is a good example where the situation has been steadily deteriorating. The past year has witnessed an increase in casualties, of civilians and security personnel, an upsurge in terrorist violence, a rise in cross-border terrorism and increased infiltration from Pakistan. Despite the surgical strikes by India, a palpable fear syndrome prevails in the areas bordering Pakistan.
Likewise, claims made latterly of the eclipse of the Maoist menace — there are reports of scores of Maoists having been killed in Maharashtra’s Gadchiroli district in end-April — are clearly unconvincing. Maoist violence is not so prevalent in areas where it was once rampant; while the kill-ratio of Maoists to security force personnel appears to have gone in favour of the security forces, the capacity of Maoists in carrying out selective violence has not been significantly blunted, especially in their strongholds in Chhattisgarh, Odisha, Andhra Pradesh, Telangana and Maharashtra. As an ideology-based militant movement, Maoism needs to be countered by a sustained ideological campaign in rural and urban areas, but this is nowhere in evidence.
Next is the growing spectre of agrarian unrest. Over the past year, a series of protest movements by farmers have rocked the country. While the causes are varied, the basic issue remains the same, viz. the neglect of farmers and the agrarian community by those in authority. Large-scale protest marches by farmers such as the one in Maharashtra in March, evoke both concern and fear. More protests are in the offing. With cohesive leadership, the current peaceful agrarian protests could attain a dangerous dimension.
Dalit identity and concerns
An even bigger challenge confronts the nation today — on how to deal with the issue of Dalit “self-assertion”. This aspect was clearly manifest during the April 2 Bharat Bandh which was sponsored by different Dalit groups; its pan-India imprint was unprecedented. The bandh was to protest the judgment of the Supreme Court, amending the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act. The outburst of violence, which resulted in some casualties and the destruction of property worth crores, went far beyond this aspect. There was and is no mistaking the pent-up resentment or the degree of mistrust.
Anger and resentment have been building up within the Dalit community for quite some time. Growing numbers of atrocities against Dalits in recent years, which thanks to modern communications systems and social media have gained critical publicity, are undoubtedly the root cause of the pent-up anger. Instances in 2016, such as Rohith Vemula’s death at Hyderabad University, and, separately, in Una, have been triggers for the explosion of anger and violence.
However, the recent outburst points to a new brand of Dalit “rejectionist politics” which should be a matter of utmost concern. Appeasement is no longer acceptable. Moderating or repealing cow protection laws will hardly matter or make a difference. More reservation in jobs is unlikely to assuage Dalit concerns. A group of alumni from the Indian Institutes of Technology have given up their jobs to form a political party to fight for the rights of the Scheduled Castes, the Scheduled Tribes and Other Backward Classes.
Violence against children
If the authorities have been found wanting or are being accused of their inept handling of the April 2 agitation, they are now being hauled over the coals for their inability to check the spate of incidents of rape across the country. The brutal assaults on young children have touched a raw nerve. Demands are being made to ensure that crimes of this nature end and that the administration sheds its helplessness and starts taking stringent action.
Today, the place names, Kathua (Jammu) and Unnao (Uttar Pradesh), have become synonymous with the “epidemic” of rapes. But sexual violence still continues despite public outrage and the administration is seen to be helpless in preventing it, which is beginning to create a crisis of confidence in the ability of the administration and the government to deal with the situation. Questions are being asked as the administration is unable to fulfil one of its most basic responsibilities — to protect the honour and the dignity of women and children. Mere condemnation of rape by those in authority will not do.
Cracks in the two pillars
Distinct from these issues, but equally worrisome, is the extent of disruption seen in the functioning of Parliament. A disruption of parliamentary proceedings is not new, but the near total washout of the Budget session has shaken the faith of the nation.
The view from the Treasury Benches that the Opposition is to blame for this has gained little traction. Most people believe that the responsibility to ensure the smooth functioning of Parliament rests equally, if not more, with the ruling dispensation, apart from the Presiding Officers of the two Houses. What the nation is demanding is a resolution of the impasse, and not the assigning of blame. A lack of demonstrable action is only adding to the sense of dismay.
The prevailing dissonance in the higher judiciary, the display of divisions within the highest court of the land, and the charges levelled against the Chief Justice of India by Opposition parties which are seeking his impeachment, are again highly disturbing. There has been no precedent for such a situation. The persistence of such trends is giving rise to serious concerns as to where the nation is headed.
Cyber concerns
The authorities also need to be aware that as various State elections draw near, newer threats are likely to emerge. Among them are cyber threats. India is possibly the third most vulnerable country today from the point of view of cyberattacks. Many experts are of the view that as the digital economy expands, India will confront the spectre of cyberattacks. Given that it is already struggling to deal with threats such as ransomware and cryptojacking, India will need to tone up its strategic mindset and increase its homegrown capabilities expeditiously; a devastating cyberattack could undermine public confidence in an election year.
Finally, given the current resurgence in communal and caste aspirations, India cannot afford to overlook the danger of a rise in regional subnationalism, of which there are already some incipient signs. Such tendencies could gain a fillip, if as anticipated, the coming elections witness bitter electoral campaigns based on a variety of considerations that include caste and community.
It is not that solutions for all these problems fall within the purview of the authorities or the government. However, it is in the nature of things that the responsibility for situations tends to devolve on the government. Hence, it is important that the road to 2019 is paved with not only professed good intentions but also concrete steps to mitigate and “defuse” a succession of crises that have the potential to disturb the political and social equilibrium in an election year.
M.K. Narayanan is a former National Security Adviser and a former Governor of West Bengal
A pattern of impunity: on the SC/ST Act
G. Sampath MAY 04, 2018 00:02 IST
UPDATED: MAY 04, 2018 00:29 IST
SHARE ARTICLE 420 47 PRINT A A A
A pattern of impunity: on the SC/ST Act
The problem with the SC/ST Act is the failure of the criminal justice system to recognise its own casteist biases
For India’s Dalits and Adivasis, May 1 this year was a ‘May Day’ in more ways than one. It was May Day, the day to commemorate the labour movement (the vast majority of them do belong to the working classes), and also ‘mayday’ in the maritime sense, an occasion to broadcast their distress over a life-threatening emergency.
Dalit and Adivasi rights organisations observed May 1 as ‘National Resistance Day’. The immediate trigger was the Supreme Court order of March 20 on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter SC/ST Act). Protest meetings held across the country had three demands for the government: neutralise the Supreme Court order through an ordinance that would reinstate both the SC/ST Act and the SC/ST Amendment Act, 2015, in their original form; include both these laws in the Ninth Schedule to protect them from judicial review; and release all the Dalits arrested on April 2 when a ‘Bharat Bandh’ was observed to protest this Supreme Court order.
The Mahajan case
A lot has already been written on why the Supreme Court order is prejudicial to the cause of justice for victims of caste atrocities. But the underlying case that triggered the controversial judgment hasn’t received enough attention. It might be instructive to briefly consider the facts of this case, Subhash Kashinath Mahajan v. the State of Maharashtra.
ALSO READ
A view of the Supreme Court of India.
Preliminary enquiry not a must for every complaint under SC/ST Act, says Supreme Court
The dispute arose in 2007, when Bhaskar Gaikwad, a storekeeper in a government college in Karad, Maharashtra, wrote to the State government highlighting alleged illegalities committed by Satish Bhise, the college principal. Mr. Gaikwad is from the Scheduled Caste (SC) community, Mr. Bhise is a non-SC person.
In April 2008, Mr. Gaikwad stated in his annual confidential report (ACR) that he had brought to light certain irregularities in the procurement of materials for the college. When Mr. Gaikwad’s reporting officer, Kishor Burade (also a non-SC person), saw it, he allegedly entered false information in the ACR about Mr. Gaikwad’s performance as well as some casteist remarks about his character. Mr. Bhise, too, allegedly made mala fide comments against Mr. Gaikwad in the ACR.
When Mr. Gaikwad became aware of these remarks in his ACR, he filed a first information report (FIR) against Mr. Bhise and Mr. Burade under the sections of the SC/ST Act that penalise a non-SC person for giving a public servant false information that could harm a SC person. Since the accused were Class I officers, the police applied for sanction to prosecute them.
Subhash K. Mahajan, who was then the Director-in-charge, Technical Education, Maharashtra, wrote to the investigating officer denying sanction for prosecution, even though he did not have the authority to make that call.
ALSO READ
A view of the Supreme Court in New Delhi.
SC/ST Act: Your judgement caused disharmony, great damage to the country, Centre tells Supreme Court
Following Mr. Mahajan’s refusal to grant sanction for prosecution, the police in 2011 filed a C-Summary report on the case, which means that the case is “neither true nor false”. Mr. Gaikwad claims that he was not informed of this fact by either the police or the courts for more than four years, even though they were required by law to do so.
When he finally found out about the C-summary report in early 2016, he filed another FIR, this time against Mr. Mahajan, charging him with knowingly shielding persons accused of a crime against an SC person. This too is an offence that attracts the provisions of the SC/ST Act.
In August 2016, the defendant (Subhash Mahajan) approached the Bombay High Court asking for the FIR to be quashed on the grounds that the charges against him were false and frivolous. The High Court not only refused to quash the case but also ruled that “there are sufficient safeguards in the Act itself which guarantee protection against frivolous and false prosecution”.
The defendant then filed an appeal against this decision in the Supreme Court. The apex court, instead of concerning itself solely with the merits of Mr. Mahajan’s appeal, dramatically expanded the ambit of the case, noting, “The question which has arisen in the course of consideration of this matter is whether any unilateral allegation of mala fide can be ground to prosecute officers who dealt with the matter in official capacity and if such allegation is falsely made what is protection available against such abuse.”
In the name of protecting innocent non-SC persons from being victimised by false complaints under the SC/ST Act, it laid down three guidelines that nullify key provisions of this law: it removed the bar on grant of anticipatory bail; even though the Mahajan case only concerns public servants, it ruled that where the accused is a non-public servant, the police may make an arrest only after approval by a senior superintendent of police; and it held that before registering an FIR, the police may conduct a preliminary inquiry to ascertain the veracity of the complaint.
Setback for SC/STs
Taken together, the three changes neatly reverse the original mandate of the SC/ST Act: instead of immediately registering an FIR and investigating the accused, the police would now immediately doubt the Dalit and investigate her complaint for veracity, and what’s more, they are required to do so by law.
ALSO READ
A view of the Supreme Court in New Delhi.
Supreme Court to hear Centre’s review petition on SC/ST Act ruling
One might assume that special guidelines to curb false allegations would be sparked by a case where false allegations have been proven. But that is not quite the case here. The apex court’s judgment does not engage exhaustively with the allegations made by the original complainant, Mr. Gaikwad, against the defendants, Mr. Bhise, Mr. Burade and Mr. Mahajan.
In fact, Mr. Gaikwad has presented three fresh applications to the Supreme Court: one to prosecute Mr. Mahajan “for filing a forged English translation of the original Marathi FIR”; one seeking recall of the March 20 order on several grounds, “including fraud on the Hon’ble Supreme Court of India by not filing the full text of the FIR”; and one “seeking calling of original records from the Hon’ble Bombay High Court”. These applications were tagged and listed along with the Central government’s review petition.
By far the most disturbing aspect of the court’s order is the idea that poor conviction rates and high acquittal rates suggest a high number of false cases. Can we apply this logic, say, to the acquittals of all the accused in the Kilvenmani massacre (Tamil Nadu, 1968, 44 Dalits killed), Tsunduru massacre (Andhra Pradesh, 1991, eight Dalits killed), Bathani Tola massacre (Bihar, 1996, 21 Dalits killed), Laxmanpur-Bathe massacre (Bihar, 1997, 58 Dalits killed), Shankarbigha massacre (Bihar, 1999, 23 Dalits killed), to mention just a few of the most infamous instances of mass acquittals? Do these acquittals mean that the cases against the accused were false? Or do they suggest a pattern of bona fide impunity for crimes against the Scheduled Castes?
The SC/ST Act and the SC/ST Amendment Act hold enormous significance for Dalits not because they have been effective in protecting them from caste injustice; not at all. If they are cherished despite their poor conviction rates and shoddy implementation, it is because their very existence is a testament to Dalit agency in a heavily casteist society, and a powerful affirmation of the community’s faith in the Indian Constitution.
The problem with this law is not its supposed misuse but the inability of India’s criminal justice system to recognise its own casteist biases. It is, after all, a matter of common sense that in a society seeped in caste, no institution can claim immunity from casteist prejudices or mindset. Sadly, the judiciary has been reluctant to acknowledge the social matrix of jurisprudence in India, which is caste.
sampath.g@thehindu.co.in
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