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Rastriya Lok Dal chief Ajit Singh is against the proposed changes in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The amendments,he fears,would increase misuse of the law.
The amendments include the one that makes mere knowledge of the victim SC or ST status sufficient to establish the perpetrators guilt.
Even in its present form,the law is often used to settle scores. Increasing the number of crimes listed under the law or making the mere knowledge that a person belongs to a certain caste or tribe sufficient to establish guilt will obviously increase its misuse, the Civil Aviation Minister said. What is needed is more courts to reduce pendency,and to look into the reasons for the low conviction rate under the law. Since states implement the law,they have to be consulted on the low conviction rate. We also need to look at why so many complaints are withdrawn.
Ajit is not alone in voicing concern over this amendment; the Home Ministry too has opposed it for fear of a spike in false cases.
Yet,the government seems keen to see the amended law through before the Assembly elections in five states later this year. A more stringent law,UPA strategists believe,would stand it in good stead with Dalit and tribal voters.
Its principled argument,as enunciated by the social justice ministry,of course,is that the amendment is essential as many cases are not registered because a complainant is unable to prove that her caste identity was the reason for the crime.
Ajits opposition,too,is informed mostly by political calculations. His stronghold of western Uttar Pradesh witnesses frequent clashes between Jats,RLDs primary support base,and Jatavs,and often cases are filed under the SC/ST Act. And he would put across his reservations when the Cabinet discusses the amendments.
The Cabinet was to discuss the changes two weeks ago but the social justice ministry detected,at the last minute no less,clerical errors in its note and withdrew it. In that meeting,sources said,some ministers had begun to speak against the amendments but were told it was unfair to discuss her ministrys cabinet note in the absence of social justice minister Kumari Selja.
I did not voice my opinion in the earlier meeting because the note was withdrawn and the minister concerned was not present. However,this time whenever the matter comes to the cabinet,I will talk about my reservations, Ajit said.
The change
The proposed amendments list the following as atrocities against SC/ST:
* Preventing them from filing election nomination or forcing them to withdraw from it
* Social or economic boycott,preventing them from using common property such as tubewells or from entering place of worship
* Destruction of their crops or filing counter cases to force them to withdraw complaints
* The proposed law also provides for setting up dedicated courts and special public prosecutors
* Lays down that a trial be completed within two months after chargesheet is filed
* Offenders under this law can be fined up to Rs 1 lakh