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SC/ST Act dilution: What are the factors that have made Dalits assert themselves?

The SC/ST Act’s ‘dilution’ is a mere trigger. DNA looks at the factors that have made Dalits assert themselves like never before

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Members of the Dalit community shout slogans in Delhi on April 2, during a protest against the alleged dilution of the SC/ST Act by the Supreme Court
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On April 2, northern India plunged into widespread violence and chaos. Thousands of Dalits burnt vehicles and government offices, besides blocking rail and road traffic. Eleven people were killed and hundreds others wounded as they clashed with police to enforce a bandh. The protests and the events preceding and following them have again exposed deep caste fault lines in India, where Dalits have suffered thousands of years of exclusion.

The anger had been triggered by the Supreme Court's March 20 order that is seen to have diluted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — a law enacted to speed action on complaints of violence and discrimination. The alleged dilution sparked fears that violence against Dalits would increase. But the real problems lie much deeper, and they need to be addressed.

As India tries to move ahead to carve its space in a fiercely competitive global world, its body politic continues to be riddled with chasms of inequities. Despite the veneer of modernity in Metropolises and cities, small towns and villages remain stratified in a caste hierarchy that has Dalits at its bottom.

If one looks closely, social conditions for the Hori of Premchand's Godaan have not changed vastly. The nature of caste discrimination has changed but it exists. The situation remains volatile. It needs a spark to light a fire. Caste and cow remain at the centre of the country's rural landscape — now with the added threat of vigilantes. Dalits, once known as untouchables, continue to be hounded by so-called upper castes for going against the 'Manuwadi' norms of the society. Post-globalisation, jobs in the government sector, where weaker sections have quotas, have al6so shrunk.

Dalits have accused successive governments of failing to act upon the high rate of atrocities and abysmally low rate of convictions. The National Crime Records Bureau (NCRB) data that counts only registered cases reflects the grim situation. In the last 10 years, crimes against Dalits have seen a 66 per cent increase. Cases of rape on Dalit women have doubled during this period. The increase is definitely partly because of better reporting of cases. But about 90 per cent of 145,000 cases involving Dalits were awaiting court trial, latest data shows.

The court's contentious order banned arrests under the SC/ST Act without prior nod from officials. It also held that a court can grant anticipatory bail in case of false complaints. The private petition that the court heard said the law was being misused. But government data shows fewer than a tenth of cases brought by Dalits have been proved false.

Past Troubles

In January, large-scale protests led by Dalit groups paralysed Maharashtra and its capital Mumbai for two days. The trigger: locals, instigated by some right-wing groups, had attacked Dalits at Bhima Koregaon. Thousands of Dalits had gathered at the village near Pune to commemorate the bicentenary of a battle in which they had sided with British forces against the Brahmin Peshwas. Attackers said that the pilgrimage-like event glorified the British and was anti-national. The Bhima Koregaon battle is said to have hastened the demise of the Peshwa regime, characterised by caste atrocities against Dalits and non-Brahmins. The annual tribute is a moment of self-assertion by Dalits.

In July 2016, unprecedented protests by Dalits erupted in Gujarat after four men were flogged for skinning a dead cow in the state's Una. A few months prior to that, Rohith Vemula's suicide at University of Hyderabad sparked turmoil on campuses across India as Dalit students said the young scholar was forced to kill himself because of caste discrimination. These events have altered the prevailing political and caste discourse in the country.

The Empowerment

A reason for strong Dalit assertion is also the community's empowerment because of the emergence of organisations such as Bahujan Samaj Party (BSP), and more recently, Bhim Army. Reservations in government jobs and education, though through a rather slow and patchy process, have also helped empower Dalits to voice their opinion and fight for their rights.

The educated, or even semi-literate, Dalit youth is not willing to take oppression anymore. Conscious that a little slip can erode its share of the reservation pie, they are ready to fight it out through sheer numbers. According the last available government data, Dalits constitute 17 per cent of India's total population. With 8 per cent tribals, they make a formidable combination. Dalits account for 20 per cent of Uttar Pradesh's population that sends 80 PMs to the Lok Sabha.

Dalits also feel intellectually emboldened in the company of luminaries such as Dr Bhimrao Ambedkar, Jyotiba Phule, Kanshiram, Saint Ravidas and former President K R Narayanan. The emergence of youth leaders such as Jignesh Mewani and Chandrashekhar Azad "Ravan" have given wings to the community's desire to emerge as a cohesive force to challenge oppression — both intellectually and combatively.

Dalit Politics

This seems to have made political parties wary of pitfalls, including a possible erosion of vote bank politics. Originally an upper caste party, BJP managed to win over Dalits, especially non-Jatav votes, in the 2014 general elections and the 2017 UP polls because of opportunistic follies made by BSP chief Mayawati.

The political exigency of being thrown into oblivion has made her not only try to reclaim Dalit icons, but also tie up with bitter rival Samajwadi Party. But the dilution of agenda from a fiery 'Tilak, Tarazu Aur Talwar, Inko Maro Jutey Char' to a bland 'Haathi Nahi Ganesh Hai, Brahma, Vishnu, Mahesh Hai' seems to have dented her support among non Jatav and Dalit youth who prefer fighters as their leaders.

Moreover, the dilemma arising from the interplay of social forces that reflects in militating upper castes against Dalit assertion has also forced the BJP-RSS combine to somehow appropriate Dalit icons. But challenges remain for BJP. Many of its Dalit MPs are unhappy with its "anti-Dalit" mindset.

The government scrambled to the top court on the day of clashes on April 2 for its order's review — a move termed too late by the Opposition. The next day, the court refused to freeze its decision and said its intention was to protect individual rights. The court said it had merely added safeguards from arrests to protect innocents. The Centre again urged the court on Thursday to recall its judgement that has resulted in "great damage to the country through commotion, anger, unease and a sense of disharmony".

Prime Minister Narendra Modi has himself said that BJP is the only pro-Dalit party and his government will never allow any dilution in the SC/ST Act. He has accused Congress of spreading lies on the issue. Congress that originally had Dalits under its sway has found an opportunity. It raised the issue in Parliament and outside. The party is planning a congregation of Dalits in Delhi on April 23.

Inevitable Clash

The larger issue lies in the churning that is happening on the ground — in small towns and villages. Experts say the bane of superiority complex in caste hierarchy is not allowing the 'upper castes' to assimilate. The fear of losing their quota pie further has made made them resist Dalits that often finds vent in brutal repression. Like Marathas in Maharashtra, Jats in Uttar Pradesh and Patels in Gujarat have also resented Dalits and sought to be considered as Other Backward Castes (OBCs), often resorting to large-scale violence.

IPS officer Aditya Mishra, who was UP's Additional Director General of Police (Law & Order) during last year's riots between Dalits and Rajputs in the state's Saharanpur, says the centuries-old social equations between the dominant and the dominated have changed during the last 15-20 years as Dalits came up socially, economically, politically and educationally.

"The dominants feel that those who were below them are trying to catch up with them. This has disturbed the social balance. If the dominants accept it, there is no problem but when they don't, it reflects even in minor issues."

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