States must act on crimes against Dalits

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NEW DELHI: Next time there is a Kandhamal carnage or a Khairlanji massacre and the state government is unresponsive, there could be serious constitutional consequences.

A proposal to give more teeth to the law to curb anti-Dalit crimes makes it incumbent upon states to file reports to the Centre and National Commissions for SCs or STs within four days of filing FIRs on grave offences.

It would give the Centre a virtual foothold in states on the issue of crimes against SC/STs, without invoking the politically sensitive clause of Article 355 which triggers immediate protests from the opposition.

With the change, the Centre would skirt the constitutional sensitivities of Centre-state relations while still being in a position to embarrass local governments in case of a carnage or rise in grievous crimes against Dalits or tribals. A non-compliance of the provision to file a detailed report on every such case within four days would anyway provide the Centre an opportunity to point fingers at state capitals.

The amendment proposed to the Prevention of Atrocities against SC/STs Act is serious as it is believed that it would push the states to act. Social justice minister Meira Kumar told TOI: "We have to make the PCR and POA Act more stringent."

According to the proposal mooted by the Union ministry, the states would have to submit reports for three types of crimes, which involve — fabricating evidence to implicate a Dalit in a crime providing for life sentence or death; using explosives or fire to damage property belonging to SC/STs, or commiting an offence which is punishable for a term of 10 years or more. The proposal is to insert a clause in section 21 of the POA Act dealing with "duty of government to ensure effective implementation of the Act".

In another key move, the Centre is seeking to cut down on the time of trial in crimes against SC/STs by completely doing away with the first level of scrutiny — the magistrate. The MSJ has proposed that special courts designated to try cases under the POA Act shall be "competent to try the offences as a court of original jurisdiction without the case having been committed to it by a magistrate under the said code (CrPC)".

This would save the cases from being scrutinised by a magistrate before it is committed to the sessions court. A new sub-section would be added to section 14 of the POA Act. The amendments, which the MSJ plans to table in the coming session of Parliament, are crucial as they come in the wake of attacks on tribal Christians as also the Khairlanji verdict in which the court convicted the accused but absolved them of charges under the POA Act. With these changes, it could be different.

The Kandhamal crisis has led to a face-off between the UPA-led Centre and the NDA-led Orissa government. Feeling that Orissa is not acting against Bajrang Dal activists, the Centre's threat to invoke Article 355 has led to a political confrontation. If the amendments are accepted, then the state would be legally bound to file reports to the Centre as also the national commissions.