The Hindu : Other States / Rajasthan News : Dalit lawyers highlight discrimination in judicial system

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Monday, Feb 07, 2005

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Dalit lawyers highlight discrimination in judicial system

By Our Special Correspondent

JAIPUR, FEB. 6. Dalit lawyers from various parts of Rajasthan highlighted the cases of bias and discrimination in the judicial system at a State-level convention here on Saturday and underlined the need for sensitising the presiding officers of courts and public prosecutors to ensure justice to the people belonging to Scheduled Castes.

The convention - the first of its kind in the State - was organised jointly by the National Campaign for Dalit Human Rights (NCDHR) and the Human Rights Law Network. The participants narrated instances reflecting prejudice against Dalits and pointed out that the attitude and behaviour of those in judiciary smacked of derision for Dalits.

The national co-convenor of NCDHR, P.L. Mimroth, said the conviction rate under the Scheduled Castes and Tribes (Prevention of Atrocities) Act was abysmally low in Rajasthan because of an "inherent bias" against Dalits that often led to weakening of cases by the prosecution. He said the courts should take an extra care to find out truth in such matters.

The Executive Director of Human Rights Law Network and a Supreme Court lawyer, Collin Gonsalves, said the Dalit organisations were planning to hold a colloquium of judges shortly to discuss measures for ensuring justice to Dalits. Several judges of the Supreme Court and High Courts, including three from the Rajasthan High Court, have reportedly given their consent to attend the colloquium.

Mr. Gonsalves said the public prosecutors should be held accountable for poor representation of criminal cases in which Dalits were victims. The gravity of offences under the SC/ST Act was often reduced by introducing errors, removing the caste angle or omitting the precise abuse by the accused, he said, while calling for sincere efforts to change the mindset of those in the judicial system.

Many of the participants practising as lawyers in the district and sub-divisional courts described in detail the instances when they were subjected to ridicule by their colleagues and judges for being Dalit. Even in civil disputes, the Dalit litigants could not expect a level-playing field if the adversary belonged to the so called higher caste.

The participants included K.S. Chauhan, the lone Dalit Advocate-on-Record in the Supreme Court. Mr. Mimroth said a series of such conventions would be organised all over the State to inculcate self-confidence among Dalit lawyers and enable the legal professionals to get justice for Dalit victims of caste-based offences.

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Dalit lawyers highlight discrimination in judicial system