SC/ST (prevention of atrocities) act 1989: tool for social justice or weapon of vengeance

Indian society is a highly caste ridden society. The stratification of the society here is rigid and hereditary in character. Caste system orders the different castes into a hierarchy that is 'inflicted by birth, sanctified by religion and glorified by tradition', and because this hierarchy is an institutionalized part of Indian society. Some groups often referred to as untouchables or Dalits, their preferred name, lie at the very bottom of the theoretical social hierarchy and have long suffered from social stigma. Because Dalits are theoretically ritually impure, they also have traditionally been ostracised. In order to make up for this longstanding deprivation, the Constitution of India enshrined the duty of the state ‘to promote with special care the educational and economic interest of the weaker section of the people and, in particular, of the Scheduled Castes and Scheduled Tribes, and to protect them from social injustice and all forms of exploitation’. The groups referred to as ‘Scheduled Castes’ (SC) or ‘Scheduled Tribes’ (ST) encompass both the former untouchables and the tribal populations, who although not equivalent to untouchables have also suffered from a similar kind of stigma and ostracism. SC/ST (Prevention of Atrocities) Act, 1989 is devised to deliver social justice to marginalized section. Recently the Supreme Court expressed concern over misuse of the Act and ruled against automatic arrest of the booking of accused under the law. Though the act aimed at protection of the dalits from further discrimination, recent data shows that there are number of fake cases registered based on revenge. The present article aims at exploring the current relevance and usefulness of the act and whether it has achieved the desired goal for which it was envisaged.