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10. DALIT ATROCITIES ACT


               “The history of India is nothing but a history of a mortal conflict between

               Buddhism and Brahminism.” — Dr B R Ambedkar

                 1.  The Supreme Court order which allegedly diluted the Scheduled Castes

                     and Scheduled Tribes (Prevention of Atrocities) Act sparked of a flurry

                     of  Dalit  protests  in  several  states  of  the  country  and  the  resultant
                     violence saw the loss of several lives.

                 2.  The Supreme Court in its order on 20 March 2018 removed a provision

                     for  the  automatic  arrest  of  those  accused  under  the  Act,  and  made  it

                     mandatory for the police to conduct preliminary enquiries within seven
                     days of a complaint before filing an FIR. The judgement also mandated

                     a public servant’s arrest under this provision to be effected only with the
                     written concurrence of his superior in public authority. The honourable

                     judges opined that the Atrocities Act was subject to misuse and criminal

                     abuse  by  way  of  blackmail  and  extortion  and  has  only  served  to
                     perpetuate casteism.

                 3.  To  comprehend  the  nuances  of  this  Act  and  the  resistance  to  the

                     Supreme  Court  orders,  there  is  a  need  to  place  the  entire  issue  in

                     perspective.



               Genesis



                 4.  The  genesis  of  the  Dalit  Atrocities  Act  can  be  traced  back  to  the

                     centuries-old caste-based structure, which in a contemporary context is
                     not  only  discriminatory,  but  inhuman  and  derogatory.  The  so-called

                     “caste  system”  was  institutionalised  on  the  ritual  and  employment

                     profile.  The  caste  was  assigned  to  a  human  based  on  the  family  and
                     background rather than profiling an individual on his other qualities and

                     traits, which define modern-day humans.
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