Dalit Agitation took an ugly turn on Bharat Bandh

Dalit Agitation: Dilution of Scheduled Castes and Tribes Act 1989:


Introduction:


On April 2, 2018, the nation-wide protest called by the Dalit community turned ugly. Nine people were killed and many injured as protesters blocked trains, clashed with police and set dozens of vehicles ablaze in several states. The protest was against a Supreme Court order that dilutes a law aimed at preventing atrocities against Dalits and Tribes. Here's how the violence turned out across the nation.
Supreme Court Guidelines to Prevent Misuse: 20 March 2018:
Dalit Agitation took an ugly turn on Bharat Bandh

Scheduled Castes and Tribes (Prevention of Atrocities) Act 1989:

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes. The Act is popularly known as POA, the SC/ST Act, the Prevention of Atrocities Act, or simply the Atrocities Act.

The provisions to deliver justice include:
  • Punish crimes against people belonging to Scheduled Castes and Tribes.
  • Provide special protections and rights to victims.
  • Set up courts for fast completion of cases.

Misuse of the Provisions of the Act 1989:
It was found that the provisions of this Act were being often misused, by lodging false and fabricated complaints and served as a deterrent for the Public servants to take disciplinary action against defaulters of the Dalit community. The provisions of the Act were being misused by filing false cases, In 2016-17, a total of 5,347 cases reported under the Act were found to be false. In the year 2015, a total of 15,638 cases under the Act were decided by courts across the country of which 11,024 cases resulted in acquittal or discharge and only 4,119 cases resulted in a conviction.

“The taste of anything can be changed. But poison cannot be changed into nectar.” – BR Ambedkar

Supreme Court Guidelines to Prevent Misuse: 20 March 2018:

On 20 March, the bench of justices A.K. Goel and U.U. Lalit had in its ruling said that there can be no immediate arrests for offences under the SC/ST Act without a preliminary investigation. It also allowed granting of anticipatory bail in certain cases and made it compulsory to seek sanction before arresting a government employee.
further noted that to avoid false implication of an innocent, preliminary enquiry will be done by the DSP to find out whether the allegations make out a case under the Atrocities Act and that the allegations are not frivolous.


Important Aspects:

1. Compensation under the SC/ST Act can be granted when an FIR is filed, even if an arrest is not made immediately.
2. Preliminary inquiry before making an arrest applies only to offences under the SC/ST Act. But if the FIR contains any other general offences under the Indian Penal Code that requires immediate arrest, no preliminary inquiry is required.
3. The upper time limit for making a preliminary inquiry or receiving sanction is seven days. The investigating officer can make the arrest as per law even before seven days.
The court tentatively set 11 April as the next date of hearing and is likely to pronounce its decision then.

Consequence of the SC Amendments’ to the Act:

Political parties across the political spectrum and Dalit organizations have demanded for a review of the Supreme Court order. Consequently, the violence and disruption caused by the Dalit organisations during Bharat Bandh on 2nd April brought many state in North India to a complete stand still. Nine lives were lost and many were injured. Besides, a lot of public and private property was damaged during the clashes. However, the Supreme Court has refused to change its stance on the subject and has stood firm on its decision.

2 comments:

  1. I am not getting it..why people do this damage to society to get their own profit

    ReplyDelete

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