The brutal letter of the law

When a Dalit persists with a criminal case, a social and economic boycott begins. The services of Dalit labourers connected with the complainant are invariably terminated and they find no employment. Shops will not sell them goods. Ultimately, they will be forced to leave the village or face terrible physical reprisal. Then come the prosecutors to mess up the litigation further. Drawn mainly from the upper castes they immediately identify with the accused and begin sabotaging the criminal trial. They will not summon the relevant witnesses. They will advise witnesses for the prosecution to make such statements as will weaken the prosecution’s case. They will not produce relevant forensic evidence available to them. Finally, they will argue with a lack of conviction so as to indicate to the judge that the case lacks merits. Truly, the entire judicial system where Dalits are so under-represented, operates unequally against the victims of these most heinous crimes. It is no wonder that Dalit lawyers throughout the country have repeatedly made the demand for reservation in the judiciary. It is equally no wonder that judges throughout the country have uniformly rejected this demand. As a result, the Act remains unimplemented with judges, lawyers, prosecutors, and policemen hardly interested in the implementation of the statute.

A study done by People’s Watch in Tamil Nadu and by Sakshi in Andhra Pradesh shows that the rate of conviction is less then 1 per cent. A social audit by government is sorely needed. But if the Act is hardly being used, why does the legal fraternity propagate the myth that the Act is being misused? The answer to this lies in the deep-rooted nature of casteism in our country. Filthy abuse is common. Forcing Dalits to vote against their will for an upper caste candidate is common. Recently in Punjab, Dalits were forced to drink urine from a shoe. Instances of stripping and parading Dalit women are regularly reported. Even abject hunger and malnutrition does not diminish the crippling power of caste. After the Supreme Court made it mandatory for the mid-day meal to be served in every primary school, the upper castes were most unhappy that their children had to sit and eat together with the scheduled castes and they were even more offended when the cooks and helpers appointed under the orders of the Supreme Court were Dalits.

Though the Act is a marvelous piece of legislation, none of the sub-sections of section 3—which lists the atrocities—are used by the police save section (X) which deals with insults in a public place. It is my impression that the provisions relating to forfeiture of property of accused persons, the removal of persons likely to commit an offence from the area and the imposition of a collective fine have never been used. Under Section 18 of the Act anticipatory bail cannot be granted, yet there are many instances of grant of bail.

Under the rules, the authorities are to take proactive steps to prevent atrocities from taking place. They are required to visit the area, cancel the gun licenses of the upper castes, seize firearms, set up vigilance committees and deploy special police forces. After the atrocity takes place the authorities are to draw up a list of victims, prepare a detailed report of the loss and damage to the property of victims, provide protection to witnesses, provide immediate relief in the form of cash, food, water, clothing, shelter, medical aid, compensation and transport facilities. Every state government is required to provide for relief including, allotment of agricultural land and house sites, government employment, pension for widows and other dependents, houses, compensation and healthcare facilities. None of these provisions have ever been followed. It is no wonder then, that this section of society—oppressed a hundred times over with no sign of any redressal within the democratic framework—should in large numbers join the ranks of Naxalites and take up arms against the state. Particularly in the northern belt, fleeing brutal social and economic oppression, they join the militants in the thousands.

Treated by society as less than human, they find in the ranks of the dispossessed, a new sense of dignity and purpose. Violence can never be justified. But when one studies the miserable lives of the Scheduled Castes in our country and their struggle for a humane existence, one cannot help but sympathise with the choices they are forced to make. We have only ourselves to blame.

The writer is a lawyer and a civil rights activist