Exchange with a friend. She wrote : Permission at DSP level
(in the supreme court amendment) is astounding and the poor dalit will rarely
get it.
Me : if you read the article i sent which is for the
supreme court order, it says : the apex court ruled: “To avoid false
implication of an innocent, a preliminary inquiry may be conducted by the DSP
concerned to find out whether the allegations make out a case under the
Atrocities Act and that the allegations are not frivolous or motivated”. no
dalit is required to get permission of the DSP. the DSP is required to conduct
an enquiry within 7 days when a complaint is made under that act. seems fine to
me.
Friend : In my ordinary language I used permission. In
villages, of course the dsp will follow the new law while the dominant caste
people will threaten the complainant, beat them up.. But that is an everyday
reality so who cares?
Me : ofcourse the upper castes routinely humiliate
dalits. i agree in rural areas the dalits are defenseless and exploited as well
as harrassed. we need to do far more to support them. perhaps the solution may
be to keep the amendment for urban areas and keep the old act as it is for
rural areas.. but as yet the constitution will not have envisaged such ground
situations differing in urban and rural areas. i dont know what is the solution
then. but i have no sympathy for parties such as congress or BJP putting out
crocodile tears when their own politics is heavily dominated by dominant
castes.
The friend asked me to see a Ravish (a well known news anchor) TV programme on NDTV (a tv channel in india known for its balanced reporting).
I wrote her back : in the ravish nd tv programme you
mentioned, it was touching to see young dalit's pain at how FIRs are often not
registered even on heinous crimes.. and the shocking thing, that i had not
noticed before, is that the supreme court order says an FIR cannot be
registered in an SC / ST act case without an enquiry (when it can be registered
for crimes against the general population) ! that is patently illegal and must
be struck down. The programme said that the conviction rate in cases filed
under the SC / ST act fell after 2014 (and that it must be investigated why
that has happened) !
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