The SC & ST Atrocities Act and Institutional Casteism

The SC & ST Atrocities Act and Institutional Casteism

Although the Constitution and special acts aim to protect the rights of Dalits, the ground reality shows that much needs to be achieved. Despite the severity of the discrimination, the issue of dalit rights is rarely litigated in courts. It is almost as if dalits have forsaken the courts. In many instances, the upper classes and the forward castes have used the judicial system against the backward classes. Therefore, despite the harsh terrain, it is an engagement that the dalit community cannot avoid.
When this Statute was first enacted it was fervently hoped that justice would be done to those discriminated. But this hope soon evaporated and confirmed what was well known namely, that it is not by Statute alone that society changes. Though the law came into force the legal system continued to be controlled by upper caste men who, sometimes subconsciously, but often deliberately sabotaged the working of the Act. Though the provisions were non-bailable, bail was liberally granted. An almost unbearable burden was put upon the complainant at the initial stage itself with the complaint being viewed with heavy suspicion. The complaint and evidence of the victim was disbelieved and derided. As a result ever since it came into force there are hardly any convictions under the Act and the prosecutions have sharply declined.
Though there are dalit organizations and NGOs organizing and struggling against discrimination, the legal community has remained far behind. As a result though there are beneficial provisions in the Constitution of India, the Scheduled Castes and Scheduled Tribes Atrocities Act and other similar enactments, their implementation and enforcement is very poor.
Due to what is perceived as institutional casteism in the legal system the SC/ST Atrocities Act has seen poor enforcement - with the conviction rate being less than 1%. Additionally, dalit lawyers and activists generally have an upbringing characterized by disadvantage, find the use of the Queen's English in courts cumbersome and often find themselves in a hostile legal environment. The entire system is designed to exclude and ostracize. By withdrawing from this arena the backward classes have shown that they have no faith in the legal system. This has made matters worse. It is almost as if the Act has been repealed.
Significant component of this initiative has been to build a network of dalit lawyers, because in the ultimate analysis it is they who most acutely feel and understand the sufferings of their people. At the same time, the Dalit lawyers who are dedicated to dalit rights and issues should have a better understanding of the SC/ST Act and other laws. The purpose of this initiative is to equip human rights lawyers and activists to use the justice system for and on behalf of members of the dalit community.