Several countries have recently been impacted by violence and conflicts following Bandh's call from several SC / ST organizations protesting the latest SC / ST ruling in Subhash Kashinath Mahajan v. Maharashtra State.

Implications of SC judgement which diluted the SC/ST act-

• Data from the NCRB shows that the proportion of false cases registered under the act has actually fallen. Moreover, the method of using conviction rates to evaluate whether a law is sound is fraught with danger.
• Given the upper-caste control of the law and order machinery, conviction rates in caste-related crimes will be low.
• Dilution of the act will result in increasing of atrocities against Dalits and also create a rift in the society.
• Many incidents happen that don’t get reported under the Act because people who aren’t educated don’t even know it exists.
• Most Dalits do not register cases for fear of retaliation by higher castes.
• Experts say that the judgment effectively neutralizes the Act which provided some sense of protection to hapless people against oppressive societal prejudices.
• There are studies, such as one by the Centre for Social Justice, Ahmedabad, which have exposed how cases of atrocities result in acquittal due to the anti-Dalit attitude of the law enforcement.

Is it Judicial Over reach?

• It’s certainly not. SC has taken its decisions after studying cases from various HCs of the country. Government deals with making laws and regulations for the proper functioning of the society.
• HCs have given advice to SC depending upon its study of cases and rulings. An innocent should not be punished. There should not be terror in the society.
• If any law made by government is falling short of desired result and not functioning well in the Society, it is the Duty of Judiciary to remove the short comings and suggest measures for proper functioning. SC and HCs of the Country, have found issues in the laws and hence updated it in accordance to new updated version to deal with the Atrocities against the SC/STs.

Meaning behind Supreme Court and why this is right (Innocent citizens cannot be terrorized by SC/ST Act provisions, says SC)-

• SC gave the judgement on the pretext that Innocents cannot be terrorized by the provisions of the SC/ST Act and their fundamental rights need to be protected.
• Article 21 --- equally applies to all the citizens and none of the provisions of SC/ST Act has been diluted.
• Enough safeguards are provided so that interests of the innocents are protected from being arrested and false cases are not encouraged.
• The reason behind the low conviction, which is 15%, is because cases are registered without proper investigation and a simple accusation leads to an FIR which does not stand scrutiny in a court of law. This exercise is a way to harass people and is a complete waste of time of both the police and the court.
• More cases under the Act are filed in rural areas as opposed to urban areas where caste identities are blurred.
• “Police’ and ‘Public Order’ are State subjects under 7th Schedule to the Constitution of India

Way forward-

• SC judgement needs to be seen in the context of social justice rather than as partisan. It said that mandate of court is to protect the Constitutional rights and “fundamental rights of citizens has to be kept at the highest pedal”.
• SC stated that “liberty of the innocents cannot be allowed to be taken away. If no forum is there, then some forum in court has to be there to protect the interest of innocent citizens.”
• Honorable 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.
• SDG 2030 Goal 16 deals with Peace and Justice. The new and pdate rule will not only provide Benefit to SC/ST Community but would also Benefit Innocent and Law abiding Citizens and Government Officials that Perform Their Duties Honestly and for Country’s better Future.
• There is need for Stakeholders to understand full aspect of new rulings before criticizing the SC and its Judgement. SC has been one of the Basic Pillars for Indian Democracy since its inception and has taken several decisions that benefitted Indian Citizens and Country as Section 18 of the Act is its “backbone” as it enforces an inherent deterrence and instills a sense of protection among members of the SCs/STs.

The need of hour understands the concept and Reasons behind this Ruling and Pointing Error, if any, in the law to SC.