Need for judicial review in SC/ST Act verdict

Verdict of the apex court about SC/ST act has sparked concern for Dalits. Safety and protection of Dalits was always a big concern and yet it is. This judgment is definitely not been liked by Dalits. Supreme Court took a decision keeping in mind, the misuse of law but many Dalit activists and other political party members are raising a point saying that we cannot dilute every law based on its misuse.

With over 180 million Dalits In India, the conviction rate for crimes against Dalits has created a sense of false filing of cases. However, the Data also shows that over the last 10 years (2007-2017), crime against Dalit has grown up to 66%. Rape of Dalit women has almost doubled and somewhere we know the ground reality that because of pressure or retaliation by higher castes, Dalit do not file complaint. So this 66% figure is really précised.

There is always a possibility of misuse of laws and we will have to conclude or solution to fight against it but this particular verdict has raised a question in the minds of many. Some say that it is BJP driven, and some say that apex court has ignored protection of Dalits. Police is definitely saving its skin behind this verdict. Court’s decision is to to ban automatic arrest and registration of criminal cases under the scheduled castes and the scheduled tribes (Prevention of Atrocities), Act, 1989. Top Dalit is watchdog held meeting for the same. Parties are forcing centre to challenge the verdict.

Now FIR registration will have a procedure. Preliminary enquiry will be the first step. Without permission of the senior superintendent of police, no FIR can be registered. I mean this is an addition to the exploitation of Dalit because if misuse is concerned then this whole procedure gives time to accused to plan further.

Supreme Court is the last to hear the citizens and we have faith in it but the present scenario is sending a wrong signal. Judges blaming judges over good conduct and duty, and then this verdict with disturbance among Dalits is damaging the faith towards judiciary. Most people are in favor of a review. This review is a hope for the betterment.

We are giving too much space to the arguments in favor of accused party. Weakening of provisions of bail and punishment in scheduled castes and The scheduled Tribes act, 1989 is definitely going to turn into more crime against them. Supreme Court’s verdict is acceptable but if there is a chance to review it, then it should be reviewed.




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