Let’s Introduce: Prevention of Atrocities Against General Bill 2019
Whenever the elections are close, Governments pass laws and random ordinances like Emergency implemented by a Bharat Ratna to remain in power. How worse can it get? FREE FALL maybe. And then India faces Mandal Commission like atrocities on Generals. The NDA Government led by Prime Minister Narendra Modi continues the legacy by bringing a new legislation to overturn a Supreme Court order dated March 20, 2018 concerning immediate arrests without preliminary inquiry under the Scheduled Caste (SC) and Scheduled Tribe (ST) law and passing a bill to grant constitutional status to OBC commission.

Why India needs a new bill for Atrocities against general category?
Every category is getting an update under the NDA Government like the amendment in the SC/ST Atrocities Act or giving Constitutional Status to the National Commission for Backward Classes (NCBC) (Link). How laws (Eg: Women related laws) are abused in India, this law can be abused for vengeance, leaving Generals vulnerable. Why only 30.80% of Indian Population (2007): Generals be left alone? They are vulnerable to atrocities by the law. In terms of the population of reserved and non-reserved, non-reserved are in minority — less than 30%.
A Govt clerk (SC Category) who is not faithful towards his work can implicate an honest IAS (General Category) and the administration will put him behind bars even before the IAS can speak.
For Example, a Govt clerk (SC Category) who is not faithful towards his work can put an honest IAS (General Category) behind bars even before the IAS can speak. Is it prevention of atrocities against SC/ST or providing ammunition for atrocities against general category. There is also no provision of the anticipatory bill based on prima-facie in the new amendment in the SC/ST Bill. The new amendment to appease OBC will make OBCs more powerful, exposing the Generals to more atrocities. The NCBC can be used to take vengeance from Generals like how National Commission for SC/ST is used by ill-motivated persons. This is far more serious than the issue of reservation and a clear violation of the fundamental rights given under the Constitution in article 21 (link) and article 14 (link).

In the Supreme Court verdict of 20 March 2018, the court observed the anti-atrocities law, which protects Scheduled Castes and Scheduled Tribes from casteist slurs and discrimination, has become an instrument to “blackmail” innocent citizens and public servants. Justice Goel went on to ask Attorney General of India, Mr. Venugopal “how even the Attorney General could function if made a victim of a false complaint”. The judgement issued a slew of guidelines to protect public servants and private employees from arbitrary arrests under the Atrocities Act, the court directed that public servants can only be arrested with the written permission of their appointing authority. In the case of private employees, the Senior Superintendent of Police concerned should allow it. Besides this precaution, a preliminary inquiry should be conducted before the FIR is registered to check whether the case falls within the parameters of the Atrocities Act and if it is frivolous or motivated. (Please read in Detail here: LINK) The NDA dominated Parliament overturned this verdict by bringing a new legislation.
As per the new amendment in the OBC Act, the National Commission for Backward Classes comes at par with the powerful National Commission For Schedule Caste & Schedule Tribe. With the introduction of both new amendments, the 69.20%+ population (SC + ST + OBC: 2007) gets a clear advantage over the 30.80%. The only difference between OBCs and SC/STs is that SC/ST can put a General person behind bars with just a complaint, without any preliminary inquiry whereas OBCs can file a case in NCBC against a General to take vengeance.

Mr. Home Minister says “the entire country knew that the Supreme Court had diluted the SC/ST Act through its ruling that a preliminary inquiry was required to arrest any person even under the SC/ST Act meant for preventing atrocities against those covered under the Act.” (link) . More than 70% people are appeased through these orders and a substantial vote bank is under control of the Ruling Party. There is no logical explanation for these acts and amendments. Maybe in 2020, these amendments will be called ‘The BEST Election WINNER’.

Is this is a political stunt or real solution to the problem?
It is quite fascinating to know that the government and the parliament believe that these laws will empower the backward classes/tribes and a blanket ban on Manual Scavenging, a special school for tribal kids in urban cities, etc will not empower the backward classes/tribes. There is no or minimal work being done on a blanket ban on child labor, poverty elevation, education.
“Our judgment implements what is said in the Constitution. We are conscious of the rights of the underprivileged and place them at the highest pedestal… but at the same time, an innocent person cannot be falsely implicated and arrested without proper verification. We have not stopped the implementation of the Act. Does the Act mandate the arrest of innocent persons? Our judgment is not against the Act,” — Justice Goel, Supreme Court of India
The NDA after the Supreme Court verdict of Mar 20, filed a review petition, on which Justice Goel addressed Attorney-General “Our judgment implements what is said in the Constitution. We are conscious of the rights of the underprivileged and place them at the highest pedestal… but at the same time, an innocent person cannot be falsely implicated and arrested without proper verification. We have not stopped the implementation of the Act. Does the Act mandate the arrest of innocent persons? Our judgment is not against the Act,” He called the judgement a ‘balance’ between Dalit rights and right of an innocent against arrest in a false case. (Please read in Detail here : LINK)
The decision to move swiftly and pass the bill in both Houses of Parliament could be linked to 2019 Lok Sabha elections and the assembly elections in Madhya Pradesh, Rajasthan and Chhattisgarh later this year. The three states have a substantial population of scheduled castes and scheduled tribes, and the NDA government was keen to dispel the concerns of the marginalized community which is 70%+ population of the nation.
Also in the review petition of a 2006 Supreme Court verdict on reservations in promotions, the Narendra Modi led-NDA Government is pushing hard to get the verdict in favor of the SC/STs. The Attorney General says “ in promotions, the SC and ST together must account for 23 of every 100 promotions in a year. Otherwise, the affirmative action would remain an illusion” . (LINK) The apex court had ruled against quotas in promotions for the creamy layer in 2006, ordering that employees from scheduled caste and scheduled tribes could only get guaranteed promotions if the government comes up with hard data to justify the quota. This data had to bring out the “compelling reasons” for extending quotas such as backwardness of the community and their inadequate representation in government. This ruling effectively ended the quota benefit for serving employees, which Dalit groups argue, adversely affected the career progression of SC/ST employees because of an inherent bias against them. The 5-Judge bench headed by the Chief Justice of India will probably decide on the matter before CJI Deepak Misra’s retirement on Oct 2, 2018. If the verdict will be in favor of SC/ST, it will further garner the support of the 28% of the population for the ruling party.

Why make such draconian laws?
The atrocities were once committed but are they still being committed is a matter of discussion which Narendra Modi Led-NDA Government failed to discuss. Supreme Court in March 20 verdict clearly said “The Act cannot be converted into a charter for exploitation or oppression by any unscrupulous person or by the police for extraneous reasons against other citizens. Any harassment of an innocent citizen, irrespective of caste or religion, is against the guarantee of the Constitution. This court must enforce such a guarantee. Law should not result in caste hatred,”.The Indian judiciary runs on the fundamentals of “May guilty pass as innocent but NO innocent should ever be punished”, This implies that the decision to make such draconian rules are wrong and against the founding stones of the Indian Judiciary since it convicts the accused even before listening to the accused whereas it is clearly said in the constitution that a person is innocent until he is proven guilty.
Attorney general KK Venugopal, appearing for the Central Government in the review petition on the Supreme Court’s 2006 verdict, said “Reservations were given to the SC and ST communities to right a wrong they had suffered for more than 1000 years”. It is very sad to know that the Central Government believes that a great-grandson of a murderer is also a murderer.
OBCs as par with SC/STs?

This is bigger than the prevention of atrocities against SC/ST act since some major dominating communities are also part of the OBC and there is no doubt that these communities never face atrocities. Giving these communities with weapons like the said amendment will make the whole system unbalanced and biased. There was already fear of SC/ST Commission among the Generals, now with OBC Commission: The life of generals (especially in rural areas and with government jobs) will only get more frightening. The generals fear of implications by ill-motivated reserved persons. Giving OBCs equal benefits to a tribal is a mockery of civil rights.
Life of Generals post these amendments?
The Supreme court on March 20 referred to “how public administration has been threatened by the abuse of this Act. Public servants find it difficult to give adverse remarks against employees for fear that they may be charged under the Act.” The life of generals living in rural areas and the people with Government jobs will become really vulnerable. For a small quarrel, these laws can be used to implicate the general person (right or wrong).

“The 1989 Act penalizes casteist insults and even denies anticipatory bail to the suspected offenders. The law is therefore used to rob a person of his personal liberty merely on the unilateral word of the complainant,” the Supreme Court said on March 20. Also, the judgement of the review petition against the Supreme Court Verdict of 2006 will matter for the government employees. This will violate fair-competition among employees and will gradually demotivate employees resulting in low output. And there will not be actions against the non-working corrupt people hailing from backward class in government offices since people will fear of implication. There will be constant fear, against the guarantee of the constitution.
Albert Einstein has said, “The difference between stupidity and genius is that genius has its limits”. This discrimination against General Category is beyond the limit.
The situation is frightening. Special attention is required from the people of India.