Opinion | Shield for the weak
1 min read . Updated: 11 Feb 2020, 12:07 AM ISTThe oppression of Dalits and Tribals remains so flagrant in India, that the recourse to justice assured by it outweighs the risk of its misuse
On Monday, the Supreme Court upheld the Constitutional validity of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018. This legislative revision had overturned a ruling by the same court that watered down a 1989 law that sought to protect Dalits and Tribals from indignities. The dilution involved allowing anticipatory bail for those accused of atrocities, on the argument that false charges could be levelled to settle scores. The top court had also mandated a preliminary inquiry before formal accusations could be made. This led to a furore among the groups the law was meant to shield, and the Centre had to step in and nullify the court’s order in Parliament. The court has now accepted that cases would be registered without a probe and no accused would get bail before arrest.
This law, like some others, may seem out of sync with the principle of a person being held innocent until proven guilty. But the oppression of Dalits and Tribals remains so flagrant in India, that the recourse to justice assured by it outweighs the risk of its misuse. It’s best to err on the side of those most likely to suffer social prejudice.
