Lawyers seek inclusive reform panels

Bengaluru voices seek representation for the marginalised in the process to reform criminal law

Lawyers say that members of minority communities must be included in the lawmaking process.

Earlier this year, the Modi government formed a committee to reform criminal law. Consisting of five upper caste men, it came under fire for not being inclusive.

Many lawyers in Bengaluru say representation is important when it comes to framing and amending laws.

Sivamanithan, a lawyer from the Dalit community, says while the letter of the law is equal, it is a mechanical equality.

“Lawyers and lawmakers have their own biases. It is seen in practice when Dalit lawyers get fewer opportunities than upper-caste ones,” he says.

He says clients have a perception that lawyers from land-owning castes understand their experiences better. “We end up with a very narrow profile of cases mostly pertaining to the matters of our community,” he explains.

Manoranjini Thomas, human rights lawyer from the same community, started off in Raichur. “There even Dalits used to go to upper caste lawyers as there was a negative stereotype that they were more educated than us,” she says.

She came to practise in Bengaluru with the hope that these issues would not follow her here but she finds matters are more or less the same.

“In the rural areas, caste discrimination happens explicitly. Here, people know it is wrong, so it is more subtle,” she says.

This is not just a problem faced by Dalits, but also by the minority communities, says advocate Mohammed Tahir. “There is a perception that having a Muslim lawyer represent a Muslim client reduces the chance of relief,” he says.

Lack of lawyers?

Sivamanithan says that the problem is not due to a lack of lawyers from marginalised communities but rather because the space is controlled by those from the dominant communities.

“Senior lawyers should take lawyers from marginalised communities under their wing, but they prefer those from the same community. This makes it
difficult for us to find a space,” he explains.

Manoranjini adds that many of her peers hide their identity. “They masquerade as Brahmins because it allows them the benefit of belonging to that group. The minute you say you’re a Dalit, you’re exploited,” she says.

Tahir says those involved in matters of the law must be sensitised and educated about different religions. “Everyone must be taught to treat all religions equally,” he says.

Involve communities

Lawyer Manoranjini explains that the lived experience of marginalised communities can only be made better when the laws are made in consultation with them.

“There are countless examples in the legal system to show that laws benefit those who make them. The land reform laws across the country benefited landed castes more than the landless ones,” Sivamanithan says.

Manoranjini says the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 was amended recently, but no Dalit lawyers or lawmakers were consulted.

“We would be able to give better recommendations,” she says.

What happened

The Committee for Reforms in Criminal Laws was consituted in May this year and was open for consultation till October 9. It was heavily criticised for lack of representation.

The process was carried out only in English. The committee had asked law colleges to get inputs at the regional level but did not make it mandatory.

Additionally, the call for public consultations was not publicised much and hence the outreach was limited.