Recent debate on landmark anti-caste legislation in India

Abstract

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to prevent atrocities against the Scheduled Castes (SCs) and Scheduled Tribes (STs). It prescribed penalties that are more stringent than the corresponding offences under the Indian Penal Code and other laws. Despite flaws in implementation, this Act has provided the SCs and STs with some sense of security. But it is often alleged that this law is frequently misused. A recent Supreme Court order has attempted to introduce some procedural safeguards to curb the misuse of this Act. But many, particularly the Dalit groups, believe that in doing so the Supreme Court has ended up diluting this landmark legislation. In this context, this article analyses the recent judicial pronouncement and presents the arguments for and against it.