Reference Text
Time Left10:00
If
we
accept
that
politics
is
about
pragmatism,
about
managing
perceptions,
about
defusing
difficult
situations,
and
keeping
a
sharp
eye
out
on
the
prevailing
political
winds,
then
the
Union
Cabinet's
decision
to
amend
the
provisions
of
the
SC/ST
(Prevention
of
Atrocities)
Act
appears
both
reasonable
and
unavoidable.
It
is
arguable
that
no
dispensation
at
the
Centre
could
have
ignored
the
massive
Scheduled
Caste
protests
against
the
Supreme
Court
verdict
that
was
perceived
as
diluting
the
provisions
of
the
1989
law.
With
the
call
for
a
nationwide
shutdown
on
August
9,
one
that
an
NDA
constituent,
the
Lok
Janshakti
Party
led
by
Ram
Vilas
Paswan,
had
threatened
to
join,
the
Centre
was
goaded
into
acting
quickly.
The
proposed
amendments
are
aimed
at
undoing
three
new
rules
laid
down
by
the
court:
that
the
bar
on
anticipatory
bail
under
the
Act
need
not
prevent
courts
from
granting
advance
bail
if
there
is
no
merit
in
a
complaint;
that
there
can
be
an
arrest
only
if
the
appointing
authority
(in
the
case
of
public
servants)
or
the
district
superintendent
of
police
(in
the
case
of
others)
approves
such
arrest;
and
that
there
should
be
a
preliminary
inquiry
into
complaints.
What
they
do
is
state
that
the
bar
on
anticipatory
bail
will
remain
notwithstanding
any
judgment
or
order
of
any
court,
that
there
will
be
no
need
for
a
preliminary
inquiry
before
an
FIR
is
registered
and
that
no
approval
is
required
before
someone
is
arrested
under
the
Act.
From
the
very
beginning
it
was
clear
that
the
entire
issue
had
less
to
do
with
the
correctness
of
the
Supreme
Court
judgment
and
more
to
do
with
the
way
it
was
interpreted,
and
sometimes
deliberately
misinterpreted.
The
judgment
had
not
altered
or
read
down
any
of
the
key
provisions
of
the
Act.
The
Court
was
at
pains
to
emphasise
that
it
was
only
seeking
to
protect
the
innocent
against
arbitrary
arrest
and
that
there
should
be
no
denial
of
relief
and
compensation
to
SCs
and
STs,
whose
rights
should
be
protected.
While
no
one
can
object
to
procedural
safeguards
against
false
accusations,
it
is
possible
that
the
Court's
concerns
about
what
it
saw
as
misuse
of
the
Act
resulted
in
the
perception
that
it
was
introducing
norms
to
prevent
quick
action
on
complaints.
It
is
arguably
much
more
likely
that
such
perceptions
consolidate
at
a
time
when
the
conviction
rate
under
the
Act
is
dismally
low
and
atrocities
against
Dalits
are
a
disturbing
reality.
It
is
vital
that
any
law
that
is
founded
on
punishing
social
ostracisation
maintains
a
fine
balance
between
protecting
the
rights
of
the
individual
to
a
fair
trial
and
enforcing
not
only
the
letter
but
also
the
spirit
of
a