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Two SC/ST courts: 1,450 pending cases -Shalini Nair, Satish Jha & Maulshree Seth

-The Indian Express

Of 700-odd districts, merely 194 have the recommended exclusive courts for SC/ST Act cases. The Sunday Express travels to two such courts — one in Ahmedabad, set up after Una, and the other in Banda, a district with a high number of cases — to find a familiar story

Over 1.44 lakh cases of atrocities against Scheduled Castes and 23,408 cases of atrocities against Scheduled Tribes came for trial before the judiciary in 2016, as per the last available data from the National Crime Records Bureau. Of this, only 10 per cent SC cases completed trial and later, just a fourth of this number ended in convictions. In case of STs, 12 per cent cases completed trial and a fifth of these ended in convictions.

The poor rate of convictions point to an unfinished agenda identified in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act – the law, commonly called the SC/ST Act, requires all states to provide for an ample number of Special Courts that can hear cases of atrocities against SC/STs. Yet, of the 700-odd districts in India, merely 194 districts across 14 states have set up such exclusive Special Courts; the rest have simply designated their existing overworked Sessions Courts as Special Courts.

Crime against SC ST
 
Thus, almost 90 per cent of the cases filed under the SC/ST Act languish at the end of every year, and when they do manage to complete trial — on an average five years later — a majority of them end in acquittals.

Ramesh Nathan, general secretary of the advocacy group National Dalit Movement for Justice, says that most cases end in acquittals as prosecutors, often political appointees, don’t produce proper evidence. “They don’t brief the victims or the witnesses, who are also subjected to intimidation outside the court.”

Advocate Rahul Singh, who has handled several cases of atrocities, notes that a section of the SC/ST Act allows victims to choose a public prosecutor of their choice. “It’s a little-used section and is never implemented,” says Singh.

The poor implementation on ground has almost negated most of the gains made over the last century to safeguard the rights of Dalits and Adivasis, starting with the 1927 Mahad agitation led by Babasaheb Ambedkar. The agitation was held to protest ‘untouchables’ being denied access to public water tanks despite the Bombay legislature passing a resolution in 1923 stating that the depressed classes have equal rights to public places. In 1938, Madras Presidency enacted the Madras Removal of Civil Disabilities Act, which was followed by the Bombay Harijan Temple Entry Act, 1943.

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