JOIN USThe government’s decision to widen the scope of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, to make its provisions more stringent and to make their enforcement more effective is welcome in view of the increase in the number of offences committed against Dalits and the failure of the existing law to deal effectively with them. The proposed amendments are expected to be introduced in the monsoon session of Parliament. The move may have an electoral intent but that does not detract from the case for strengthening the law. The experience of implementing the law in the last over two decades has shown that it does not cover some offences and that there are many loopholes which are often taken advantage of. Caste biases, discrimination, violence, insults, and unfair and unequal practices directed against the weakest sections continue in various ways in personal interactions and social and economic life.
Unjust practices like denial of common resources and prevention of entry into places of worship, dispossession of land, social and economic boycott, forced labour and obstacles to political activity will come under the purview of the amended act. Refusal of police and other authorities to recognize complaints or register cases has been a problem. A deadline for investigation and action has been proposed with penalty for violations. There will also be special courts for faster trials and time-bound completion of cases. Loopholes like the provision relating to proof of identity have also been taken care of.
In spite of the existence of the law, crimes against SCs and STs have been increasing in the country, though a large number of offences are not even recorded. This may be because of increased awareness of the law. But it might also show that the treatment of Dalits and societal attitudes towards them are worsening and that they need greater legal protection. What is worse, conviction rate in cases relating to caste offences is very low. Personal, social and institutional biases have all been at work in the treatment of SCs and the STs. This cannot be countered only with the help of law, however comprehensively it is drafted and however efficiently it is implemented. While effective law is an essential requirement, it is equally important to improve the social and economic status of SCs and STs.