In a significant ruling, the Supreme Court has said arrest is no longer mandatory under the SC/ST (Prevention of Atrocities) Act. Saying the law had led to abuse by vested interests for political or personal reasons, the court has set guidelines for fair use of the process in genuine cases. Any accused can seek anticipatory bail and a preliminary inquiry must be held to ensure the complaint isn’t frivolous or motivated before deciding if a case should be filed. There’s no arguing against the need for reservation to give historically disadvantaged a chance to catch up through affirmative action, which has somewhat helped to equalise a society divided by an ancient caste system.
The Atrocities Act seemed to swing things to the other extreme. Public servants, particularly judicial officers, had become easy targets in this negative play in the positive discrimination process. Statistics showing 76 per cent of cases ending in acquittals or withdrawal of cases clearly shows the Atrocities Act was a device to persecute rather than prosecute. This enabling provision allowing any SC/ST person to bring a charge of abuse in verbal arguments, descending to the use of caste names, would only help perpetuate the caste system rather than discourage divisions over caste. The larger question of whether our society can ever fulfil the constitutional vision of a “cohesive, unified and casteless society” is bound to remain unanswered. One must remember that our society was riddled with the caste system for a few thousand years, and a true change in mindsets may be ages away. But the definitive ruling that helps stamp out persecution and pushes society more towards equality is something to welcome.
