Let's Just Ask


Photo: Arvind Meghwanshi

 It was 2nd April 2018 and the day was on strike by the SC and ST communities against remark given by Honorable Supreme Court of India for bringing changes to the SC ST (Prevention of Atrocities) Act 1989. The court brought in new guidelines for police officers on how to ensure that innocent persons are protected from false complaints. As per the guideline no arrests can be made under the act without prior permission. It also held that a court can grant a pre-bail arrest. Before this the Act prohibits court from granting anticipatory bail to the accused in the other hand police was bound to register FIR and arrest the accused.

Now, if accused, the public servant can only be arrested after the approval of the appointing authority. In case of a non-public servant the approval of the Senior Superintendent of Police (SSP) is necessary. The apex court also made it mandatory for the police to hold a preliminary inquiry, not exceeding a week. Ironically people who are in need of this Act badly are unaware of their rights and in the rural area where humiliation, harassment occurs frequently are not reported due to various reasons. In the other hand people are still struggling a lot to get access to Law and Order to the optimum level. This is not just about this Act but, for almost every legislation/law and order has been far away of accessibility of the poor/socially excluded communities etc. Moreover still there are cases where victims from the SC and ST communities do not lodge complaint or go to register an FIR because their family members may be targeted further due to this. At this conjuncture let’s look into what has been there in constitution of India and all.

Article 17 of Indian Constitution seeks to abolish untouchability and to forbid all such practices and remove humiliation and harassment with some particular communities and to ensure they enjoy their fundamental, socio-economic, political and cultural rights to the fullest. To make India free from blind beliefs etc. and to make a bias free society enacted the Untouchability (offences) Act 1955, which further revamped to Protection of Civil Rights Act in the year 1976. Despite of the above said and many other measures the communities remained vulnerable subject to humiliation, offences and harassment. When they raise their voices the other communities i.e. the culprits choke their voice and realizing the continued atrocities against these particular communities Parliament passed the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act 1989. The purpose of this Act was to contribute towards social inclusion of socially excluded communities.

Following this let’s put together few questions


  • Has India arrived to the stage where your caste doesn’t matter?
  • Have people from SC and ST communities are given the same respect like others?
  • Are there no cases where an SC or ST community person is physically/mentally/verbally tortured just because he/she is from a particular community?
  • Don’t you think by this decision the court is empowering the oppressor further?
  • Don’t you realize that this decision is like you snatched away the shield from the soldier?
  • Hon. Supreme Court almost all the laws and orders are used for false complaint so are you going to change all of these?
  • Has India attained social inclusion of the vulnerable communities?
- Bigan Mahakul

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