Failure of the Indian judiciary to protect the rights of the people
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (“Act”) was passed by the Parliament of India in September 1989 to prevent the commission of offenses against Dalits, protect the rights of other backward castes, and to grant relief to the victims of such derogatory caste-based violence.
In another case, Subhash Mahajan V. state Of Maharashtra the Supreme Court had diluted the provisions of the said Act relating to immediate arrest on the commission of offenses under the act by providing court-imposed requirements of conducting a preliminary inquiry and obtaining prior approval before an arrest. This judgment has led to widespread protests throughout the country which also highlighted the flaws of the Indian judicial system. Nevertheless, both the judgments have strengthened the way the members of the higher caste enjoy their privilege. It failed to protect the basic legal and fundamental rights of the lower castes.
The need for strict laws to protect the rights of the Dalits
It is not unknown to us about the derogatory condition of the lower castes in India. Thus, we need more strict laws to protect the rights of the Dalits and to grant them relief in the conditions where their rights have been violated.