Dinesh Kamath's Editorial 'Amending the SC/ST Act was unavoidable' that was published in Newsband

Amending the SC/ST Act was unavoidable

The Centre had no choice but to amend the SC/ST Act. The Union Cabinet’s decision to amend the provisions of the SC/ST (Prevention of Atrocities) Act appears both reasonable and unavoidable. The massive Scheduled Caste protests against the Supreme Court verdict that was perceived as diluting the provisions of the 1989 law and the call for a nationwide shutdown on August 9 made the Centre act quickly.

The proposed amendments are aimed at undoing three new rules laid down by the court. From the very beginning it was clear that the entire issue had less to do with the correctness of the Supreme Court judgment and more to do with the way it was interpreted, and sometimes deliberately misinterpreted. The Court was at pains to emphasise that it was only seeking to protect the innocent against arbitrary arrest. The Court’s concerns about what it saw as misuse of the Act resulted in the perception that it was introducing norms to prevent quick action on complaints.

Upper caste "political Hindus" say that there is no casteism among the "Hindus" or, it is "fast disappearing". In India every issue is governed by vote bank politics and a non-issue was made a big issue by the opposition jockeying for Dalit votes. Just look at the reaction of Congress to the Bill brought in now. They want to milk it to the maximum for their own survival. So long as we have such politicians willing to stoop to any level for a few more votes, we will never see political parties reacting to issues in the real interest of the country. Look at Mamata and TMC reacting to the NRC! They only see votes in it and not peace of the country. Certainly, problems can be solved by addressing them in a civil manner rather than provoking the people and threatening a civil war! Congress never had the guts to bring in game changers like GST or address the NRC issue, but they certainly know how to oppose it for their political gains. It is never ‘India first’ for any political party. It is only votes first!

The misinterpration of the Supreme Court judgement leads to all this howling. Whereas on the other hand it was a very wise and thoughtful judgement given by the Court to curb (if there is any) the misuse of the act. As the motto of our justice system is to save the innocent even if in lieu few wrongdoers remain free.

There is no denying of the fact that "SCs and STs, whose rights should be protected"- for the the "dignity of the disadvantaged, who have suffered unspeakably as a result of the abhorrent practice of social discrimination." Law must be enforced to protect SC/ST but until & unless there is a very strong social reform movement minus vote bank politics the attitude towards SC/ST will not change. Current hotch-potch on act is nothing more than a political drama. If atrocities on St/SC are reality then how this law was useful all these days?

The atrocities caused by false cases is also a bitter reality. Compulsory jail sentences with no inquiry or conclusive proof takes place in dictatorships and banana republics and not in any democracy worth its salt. Politicians of all hues have been pandering to the majority groups only for votes. The judiciary has come to the rescue to safeguard basic rights. The media must rise to the occasion and stress the importance of protecting constitutional rights instead of buckling under pressure. Genuine atrocities against the Dalits or any group must be dealt with firmly. But this must not be done by eroding the civil rights of other citizens. Historical wrong doings cannot be offered as an excuse for doing so. The amendment is a needed one to preserve the SC/ST people from attrocities on caste discrimination and to safeguard their rights.

Provision of representation of minorities in the constitution of India is anomalous, amend it. Stop the practice of printing caste and religion in SSLC. If guaranteed fundamental rights are sustainable, ban the twin progenies of democracy viz corruption and reservation. If Merit is disregarded, below average persons will teach our children, treat our parents and guide us in parliament and legislature. Let there be a future devoid of fear, where head is held high, each citizen identified by their eminence and never by caste or religion.

The government should rise above vote bank politics and address the immediate grievance of meritorious of the country who are unfortunately included in the general category. Birth is destiny, it is God's will. Segregation implied by reference to roots is blasphemous. End corruption and reservation, guarantee parity between sermon and practice. Racial discrimination in disguise of quota is apartheid. Father of nation led campaigns against apartheid in South Africa. Intolerance is bred by quota. Ban it. Save our nation!