Regular readers of India Uncut will know that I keep ranting about how giving offense has effectively become a crime in India because of some of our silly laws. Well, Rediff informs us:
Amid high drama, the editor and two journalists of a leading Telugu daily Andhra Jyothi were arrested on Tuesday night for publishing an allegedly offensive story on Dalit organisations and its leaders.
The police said the arrests were made by invoking the provisions of the stringent Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act following publication of a lead story in the second largest circulated daily of Andhra Pradesh last month that criticised unnamed Dalit leaders and their organisations.
While I’ve often written about section 295(a) of the Indian Penal Code, (Don’t Insult Pasta, for example), this law is new to me. For your reading pleasure, here’s the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The only part of that law that could have been applied in this case, as far as I can tell, is put forth in section 1 (3) (x) of the act, which recommends punishment for “[w]hoever, not being a member of a Scheduled Caste or a Scheduled Tribe, intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view.”
Firstly, doing a story on Dalit organisations and their leaders obviously should not fall within the purview of this clause. Secondly, should insulting someone be a criminal matter at all? Should the state get involved if some random person calls me names? If your answer is ‘no’, does that answer change if I happen to be a Dalit? Why?
Most of the other clauses in that act seem perfectly fair to me. But those things—taking away somebody’s land, coercing someone into forced labour etc—are criminal acts regardless of the caste of the victim. What does it say about our country, the state of our legal machinery and our politics that we have a separate act to protect Dalits from things that all of us should be protected from anyway?
And BV Harish Kumar writes in:
This law is (ab)used a lot in Government offices where people keep threatening their bosses and other colleagues with this Act. IIRC all one needs to do is send a postcard to the SC or someone that ‘atrocities’ are being committed and there will be an enquiry and I think the person in question (the offender) can be suspended from duty till the completion of the enquiry.
(Churumuri link via email from Gautam.)
Update 2: Elaborating on Harish’s letter, quoted above, Harish’s dad, B Phani Babu, writes in:
I know one such case—When a charge sheet was filed against a person on charges of forgery and tampering of records, he (he belonged to the Reserved Category) took an offensive step of complaining to the SC/ST commissioner that he was being harassed. It was my signature and my documents that were tampered with and we almost became the defendants in the case. Fortunately we had a written statement from this person admitting his guilt. Otherwise our heads would have rolled!
It took almost two years to sentence the chap. It was a very mild punishment – just an increment down. He continued ‘serving’ and enjoying all monetary benefits like Overtime etc.
This is the most powerful weapon for an ‘SC/ST’ employee in Government Service. He can get away with anything! I can vouch for the above incident as I myself almost became an affected party!