Parth M.N.

Sharmila Joshi

Editor

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&quot;This [Supreme Court] ruling will only increase the crime rate against
us!” 

Listen to Saroja Swami. She reflects the anger of all those gathered
at the Dalit and Adivasi protest on April 2 in Mumbai – and the anger of millions
nationwide.

“We still live in times where a Dalit boy is killed for riding a
horse,” says Swami, 58, a political activist, while walking with the protestors
from Kotwal Udyan in Dadar towards Chaitya Bhoomi near Shivaji Park, both in
central Mumbai. 

The protestors were appalled by the Supreme Court ruling of March 20 that
dilutes some provisions of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989. The apex court’s ruling means that
hereon, public servants accused of discriminating against Dalits or Adivasis
can only be prosecuted after prior approval from their appointing authority.

Further, a Deputy
Superintendent of Police would have to conduct a prior inquiry into the charges
to determine whether they are genuine or frivolous. The Union government has
filed a review petition to contest the ruling.  The court has agreed to an immediate hearing
on the matter.

“In times like these,
how is it justified to come up with such a ruling?” asks Swami. “Women are
raped because they are Dalits, we are denied jobs because of our caste. Let
alone the day-to-day discrimination like not being able to use the common well
in the village.”

The dissent against the Supreme Court’s ruling also comes against a
backdrop of rising atrocities against Dalits and Adivasis. According to the
National Crime Records Bureau (NCRB), crimes/ atrocities against the Scheduled
Castes rose from 38,670 in 2015 to 40,801 in 2016 (5.5 per cent). Those against
Scheduled Tribes saw a similar 4.7 per cent rise.

The pathetic 2-3 per cent conviction rate in atrocity cases sharpens a
genuine, seething feeling of injustice amongst Dalits and Adivasis.

In October 2016, the prime minister felt compelled to say that he “hung
his head in shame” over “incidents targeting our Dalit brothers even today.”
Yet, those incidents steadily rose under his government.

Saroja, who lives in
Bhandup in suburban Mumbai – 21 kilometres from Dadar – says the condition of
Dalits has worsened under the Modi sarkar.
“What was Rohith Vemula’s fault?” she asks. “Why did the Una agitation happen?
Dalits are also human beings.” 

The Rohith Vemula case erupted
in January 2016 when a bright young Dalit Ph.D scholar took his own life after
the central University of Hyderabad stopped his fellowship. This was followed
by severe action against Dalit and Left-wing activists protesting his death on
the campus. 

Like Saroja, 16-year
old Manisha Wankhede, a commerce student from Bhandup, is angry too. For her,
the Constitution given to the nation by Dr. Babasaheb Ambedkar is under threat.
“If we had been abiding by the Constitution, Sambhaji Bhide [who gained
notoriety with the Koregaon Bhima violence] would be behind bars,” she says. “The
Modi sarkar is emboldening such
elements. They indulge in token appreciation for Ambedkar, while disrespecting
the Constitution he wrote. The Constitution is not falling short, but the
government that is supposed to uphold it is.”

She has a point. Attacks
on Dalits have worsened these past three years. In July 2016, nationwide
protests were triggered by the barbaric flogging of four Dalit youths in Una
town of  Gir Somnath district in Gujarat.
Their alleged ‘crime’: the skinning of dead cattle.

And it’s barely three
months since dominant caste groups unleashed violence against Dalits going to and
from Koregaon Bhima in Maharashtra’s Pune district. Dalits gather there
in large numbers every year to commemorate the defeat of the upper caste
Peshwa-led Maratha army by Mahar soldiers in the British army in 1818.

All these incidents of
violence and injustice hung heavy on the minds of the protest marchers in
Mumbai. Upon reaching Chaitya Bhoomi, the leaders sang songs, raised slogans
and delivered speeches. Among those present were well-known activist Ulka
Mahajan, retired Inspector General of Police Sudhakar Suradkar, and others.

Suradkar says that the
Atrocity Act needs to be understood by all sections of  society. “Including the police. That is why
the enforcement of an act is not satisfactory. In a system, everybody has his
or her task cut out.” 

The Mumbai march did
not see a deluge of crowds pouring on to the streets. However, more intense
demonstrations were held in the northern states of India. Seven people were
killed on the day of these protests in clashes across the country: five in
Madhya Pradesh, one in Uttar Pradesh and one in Rajasthan. Reports of violent
clashes came in from Gujarat and Punjab as well. Some 1,700 anti-riot police
personnel were deployed to various areas. The protests were greatest in states
ranking among the highest in atrocities against Dalits and Adivasis.

In Dadar, Chanda Tiwari,
a land disputes’ activist, and her small band of friends, all Adivasis, have
made it all the way from Roha in Raigad, 130 kilometres away. “We spent our own
money, prepared our own food, and carried our own water,” she says, as slogans
of “Jo Hitler ki chaal chalega, woh Hitler
ki maut marega” reverberated. “We will
take the train back later tonight and head home. Even though there aren’t large
crowds, it is important to participate and send a message. We are in it
together with our Dalit brothers and sisters.”

Referring to the <a href="https://ruralindiaonline.org/resources/the-scheduled-tribes-and-other-traditional-forest-dwellers-recognition-of-forest-rights-act-2006/">Forest Rights Act, 2006</a>, she adds, “The laws that benefit us are not implemented well.”
The Act makes it possible for Adivasis to own the land they have been tilling
for decades. “And when the laws that benefit us are implemented, they are diluted.” 

Almost every
participant among the 200-odd present is in a group or is with someone. Except
Sunil Jadhav. The 47-year old, who lives in Navi Mumbai – 40 kilometres from
Dadar – read about the protest march in the newspapers  and decided to join. “I work as a watchman in
Sion,” he says. “I am on night duty. I will go to work directly after the
protest march.” Sunil might not comprehend the nuances of the Supreme Court
ruling, or how it motivated the march. What he does know, he says with a
regretful smile, is that “Dalits are not in a good place. I just thought, these
are my people, and I should go.”

Atrocities rise, the law recedes

دلت، آدیواسیوں پر بڑھتا ظلم اور قانون کی ٹوٹی ٹانگ

दलित-आदिवासियों पर बढ़ता अत्याचार और क़ानून की टूटी टांग

அதர்மம் தலைதூக்குகிறது, சட்டம் பணிகிறது

वाढते अत्याचार, कायद्याची माघार

লাগামছাড়া অত্যাচারের মুখে শিথিল আইন

ନିର୍ଯାତନା ବଢ଼ୁଛି, ଆଇନ କମୁଛି

Dadar

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Atrocities rise, the law recedes

On April 2, Mumbai too saw protests against the SC ruling diluting the Prevention of Atrocities Act. As a protestor said: ‘The Constitution is not falling short, the government that is supposed to uphold it is’

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