By Prarthana Mitra
The cabinet on Wednesday introduced and cleared the bill to restore the original provisions of the SC/ST law, thus overturning the Supreme Court order that threatened its dilution. Several Dalit outfits and members of the community took umbrage to the verdict, staging massive protests and garnering solidarity from all corners of the nation.
Approving the amendment, the Union Cabinet nullified the changes to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, which included provisions for anticipatory bail and a preliminary enquiry before registration of a case under the SC/ST Act. The amendment bill, due to pass by August 10, reinstates the investigating officer’s power to arrest the accused if s/he has reason to suspect an offence has been committed.
Sources also said that the SC/ST Act would be amended so as to remove any possibility of interpretation by a court of law.
Let’s back up a bit
On March 20, a bench led by Justices A K Goel and U U Lalit had noted the need for safeguards, in the light of instances of abuse of the Act by vested” political interests or personal reasons.
The apex court had then ruled that anyone accused of violating the SC/ST Act should be arrested only after a legal inquiry, to be conducted by the deputy superintendent of police, to ensure that the allegations are not frivolous.
Detractors had condemned the top courts ruling as an undemocratic move against minority rights and said it would likely reduce the fear of the law, and result in more violations and atrocities against the Dalit community.
Undoing the dilution
Amidst rallying cries condemning the dilution from Dalit activists, opposition and the media, the centre decided to exercise its power in “undoing the wrong.” To placate and mollify the protesters who’ve called for a Bharat Bandh on August 9, the Union Cabinet undid the stringent safeguards ratified by the March 20 court order.
During the parliamentary session on Wednesday, Law Minister Ravi Shankar Prasad said, The Narendra Modi government cares about the development of our Dalit and Adivasi brothers and will strive in that direction. We have done that before, and will do so going ahead. The move comes after Modi extended his support, reassurance and protection to the Dalit community in the no-confidence motion speech.
In a country where casteism continues to dictate, the amendment has managed to prevent what could have been a major setback to the ongoing struggle of marginalised communities.
Prarthana Mitra is a staff writer at Qrius