--classstrugggle-flipmag CS May-2018 MKP | Page 17

court’s Amicus Curiae said, the March 20 th 2018 judgment was based on the govt’s view about the abuse of the 1989 law”. “It was the govt. which gave the data, made the submissions and now they are challenging the judgment”. Justice Goel has pointed out that it was the report brought by the Govt. which became a deciding factor for the court to lay down the guidelines against arbitrary arrests or false implications under the Act. The whole episode of review petition (not yet complete) brings out two things. One: The Central Govt. as well as the court wanted to dilute and make the 1989 Act ineffective. The Court only gave this idea a form of March 20 th 2018 Judgment. The assertions made by the Judges only make this point clear. Two: Unexpectedly, the judgment had triggered off a massive protest and opposition. The BJP govt. at the centre found itself in a dock. It had, therefore, become necessary for it to distance itself from the judgment in order to escape itself from the political damage caused by the judgment. The review petition is only a part of this exercise. The meekness shown by the govt in its petition as well as its arguments to retain the 1989 Act are only a manifestation of its lack of commitment towards the aim of ending the caste system and associated discriminations, inequality and oppression. A Few Things to Learn The masses of Dalits and other oppressed people have certain things to learn: 1. With all its claims and promises about the equality, freedom, justice, democracy and democratic rights the Indian Constitution is based on and represents a class divided society. It upholds the private property – as well as foreign – as sacrosanct and inviolable. In the last seven decades, this right to property enabled the economic, social and political inequalities to grow in the May - 2018 society unimaginably and the wealthiest few as well as the overwhelming majority of poor to emerge. It placed the wealthiest classes on a highest pedestal crowned with powers and resources to dictate and alter every aspect of life of property less and weaker sections of people by invoking the Indian Constitution, law and power of property as they please. Similarly, the wealthiest classes and the institutions controlled by them can install themselves at the helm of power, interpret, direct, utilise, curb or discard any democratic institution, their functioning and rights. They can decide whether the poor, at all, can avail the democratic rights, freedoms and to what extent and in what manner. Various pillars of society – state, legislature, judiciary, police, bureaucracy and media, etc – seem to be independent from each other. But, in reality, they are controlled and used in the interests of dominant classes. Our people fought and sacrificed a lot for an independent, democratic economic and political system. But, overwhelming masses of people are sought to be brutally suppressed whenever they tried to utilise the rights and protections that are said to have been promised in the Indian Constitution. The people are required to wage bitter struggles against the powers that be and dominant classes in the court of law and mainly in the streets to avail ad protect even the marginal rights. The struggle of the poor becomes more difficult whenever they are contested by the state, rich classes and powerful political forces in the society. So, while struggling to avail or defend the rights or protections that are believed provided in the Indian Constitution, the exploited and oppressed people must always be conscious that their ability to avail or defend their rights will be weak, uncertain and unreliable when their struggles as long as they do not have a really democratic and independent economic, social and political system of the society. So the people’s struggle for democratic rights and freedoms must be linked with the struggle for a new society free from feudal and imperialist exploitation and oppression. 2. Laws in the present society that promise some legal protections to the rights of people are a product of people’s struggles. The rulers had enacted these laws under the pressure of people’s struggle and as a move to check the advance of people’s struggle and pacify the people. They seek to reduce the laws thus enacted into empty papers in practice and create all hurdles in the way of their utilisation by the people. The experience show that the people can avail the rights and legal protections as long as and to whatever extent the people rely on their own initiative, organised and united struggle. So they must fight for legal protections as well as their enforcement. But, at the same time, they must never excessively put their hopes on them and thus weaken their own conscious, organised and united struggle. 3. Dalits, advasis and other oppressed people must continue their struggle against every attempt to dilute or do away with whatever the legal protections are provided in the 1989 Act. They must fight for a total withdrawal of the directives of the judgment (March 20) of the Supreme Court which seek to dilute and make the Act ineffective. In the conditions when the Hindutva forces are at the helm of power and the retrogressive, reactionary, communal and upper castiest trends and forces are getting boosted up in every sphere of life, a determined and unrelenting struggle against these trends and forces and the ruling class policies alone can stand by the exploited and oppressed people in our Country. ™ 17