Keeping in mind the principles of SOCIAL JUSTICE as enshrined in our preamble the SC and ST (Prevention of atrocities) Act was passed in 1989.It was further given a concrete shape with stringer amendments in 2015 which had following provisions which are finding it difficult to face the test of time
1-New category of actions(improperly defined) were now to be treated as offence.
2.Courts will PRESUME that any non sc/ST was well aware of tribal identity and territory.
3.Parent Act had the provision that NEGLECT OF DUTY (again not defined ) by a public servant will be punished with 1-6 yrs prison.
NCRB data:- Tyrst with reality.
*It showed that in 2016 alone more than 47k cases were registered among which around 40k were under SC ST (Prevention of Atrocities) Act.
*Interestingly , out of the 78% chargesheets filed only 25% were convicted.
2015 also had similar figures.
Challenges:-
1. In a democracy an ideal law should guide not dictate.
2.The widening gap between the charge sheets filed and conviction rate is clear indication that the Act has overdone on its principles.
SC orders:- Ray of hope.
1-High level preliminary probe to check the misuse of the act
2-Protecting innocents is as important as protecting the weaker sections.
CONCLUSION:Honourable SC has just tried to create a balance between protecting rights of weaker sections and rights of innocents.Article 21 is for ALL. while ensuring safety of one, rights of another should not be compromised.
As said by Voltaire, "it is better to risk
Saving a guilty man than to condemn an innocent one"
