FIR against Coca-Cola by Kerala SC/STs can burst the bubble for India Inc
The criminal case against Coca-Cola merits a re-examination of the SC and ST (Prevention of Atrocities) Act, 1989, and its 2015 amendment.
That Scheduled Castes (SC) and Scheduled Tribes (ST) are badly treated is beyond dispute.
A single example of Thevars making SCs eat excreta should be enough.
Not to mention khap panchayats extending caste hate with bizarre punishments including murder.
The Untouchability Offences Act, 1955 (renamed Protection of Human Rights Act, 1976) was insufficient. The object of the Act of 1989 was for the SCs & STs to assert their rights, and resist untouchability or minimum wages, refuse bonded or forced labour and prevent vested interests to intimidate, terrorise and "cow" them down.
Statute
Neither the Act of 1976 nor the Penal Code was enough. The 1989 Act created 22 substantive offences with minimum punishments of six months or one year and even death in cases where false evidence leads to capital punishment (Section 3). Public servants were also subject to a minimum of six months' sentence (Section 4).
There was a minimum one-year sentence for repeat offences (Section 5), possible forfeiture of property (Section 7), presumption of offences (Section 8), and externment from Scheduled areas if likely to commit offence (Section 10).
Vast powers vested in state governments (Section 9), special courts and prosecutors (Section 14-15) were provided for with power to impose collective fines (Section 16).
What a statute! Yet, what a failure! The width of the Act is understandable and extends to intentional insult and intimidation to humiliate.
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| Protests at Coca Cola's Plachimada bottling plant. |
But the problem with both 1976 Act and the Atrocities Act has been that the courts tend to acquit when faced with a minimum punishment of six months or one year.
The SC/ST Amendment Act of 2015 takes this further. From enlarging the meaning of social boycott, to including as an offence the garlanding of footwear, compelling disposal of carcasses, abusing SCs/STs by caste name, promoting ill will against SCs/STs or disrespecting a deceased person (I assume including Ambedkar), sexual advances and exploitation, preventing entry to places of worship, education and health institutions and most importantly, denying the use of common property resources (I assume including land, water, forests).
Public servants have a further proactive duty with fast-track exclusive courts for the speedy trial of offences within six months. An entirely new Chapter IVA (Section 15A) deals with protecting and rehabilitating victims and witnesses. The amendment adds to the catch all nature of the statute.
Conflict
A new and reinforced arena of conflict can now be directly located in the SC/ST Act of 1989 as never before against vested mining and business interests, including Coca-Cola, which has been extracting water in Plachimada, Kerala.
The list of offences in Section 3 now includes not only interference with ownership and possession or allotment of land but also includes interference with the enjoyment of his rights, including forest rights over any land or premises or water or irrigation facilities or destroys crops or takes over produce.
Forest rights are as defined in the Forest Dwellers Act of 2006. To this may be added obstructing or preventing SC/STs from "using common property resources or an area... or any river stream, spring well, tank, cistern, water tap or other watering place (Section 3 (1) (3a))".
The Act includes forfeiture of all property used for committing the offence (old Section 7), externment of those likely to count offences (old Section 10), imposing collection from (old Section 16) ensuring socio economic rehabilitation (new Section 15A(6)(c)).
On April 14, 2016, new Rules lay down expanded relief provisions (Annexure I to Rules). All to be paid by the state at various stages of the criminal proceedings.
Criminality
Corporates and businesses have to beware in matters concerning common property, forest rights, land and water.
No longer are they just an environment issue or adjudication of rights; the SC/ST Act and amendments in the rules deal with criminality and rehabilitation.
There is to be no dilly-dallying; special and exclusive prosecutors and court, speedy trial within 180 days. Minimum jail sentence of six months but extendable to five years.
We are dealing here with socioeconomic conflict in the vast areas of common property, forests, water and other resources. Teeth have been added to all these areas.
There is a presumption of guilt. In any of these areas, any interference with the use of SC/ST rights invites speedy proceedings, criminality and conviction.
So far, the business community has been comfortable in getting the issues twisted in writ petitions and statutory proceedings.
On the one hand, entrepreneurial exploitation of common lands, forests and land, on the other the collective campaigns under the SC/ST Act weigh the battle in favour of the SC/ST.
What the SCs/STs need to do is consolidate their collectivism, use the SC/ST Act along with Panchayats (Extension to Scheduled Areas) Act (PESA), 1996 empowering gram sabhas without being forced into a defensive back foot.
They can restore balance to their struggle. The Coca-Cola FIR is a warning, not to be ignored.
(Courtesy of Mail Today.)