SC REVERSES ORDER AGAINST DILUTION OF SC/ST ACT

JAHNVI SRIVASTAVA 

SC REVERSES ORDER AGAINST DILUTION OF SC/ST ACT

BACKGROUND


The Supreme Court of India has introduced the safeguard to protect and prevent the misuse of SC / ST Act the previous year that is in 2018. This will be and is considered profitable and beneficiary for the officers dealing with the matters relating to the same provision and will further enhance the capacity of officers and will maintain the transparency. SC reverses order against dilution of SC/ST act.

After the verdict was given the Supreme Court held that misuse of this act against the public servants and various private parties it was made clear that there will be no immediate arrest on the cases that is brought under the law.

However, it was being said that this act just came into being so that government could save the public servants and other innocent citizens were seen as accused. But while enacting the same act no such view point was taken into consideration.

Also, the apex court laid down that it does not impose any restrictions on granting of anticipatory bail in various cases under the Prevention of Atrocities Act on the ground that if no prima facie is made and if the complaint is found to be prima facie malafide.

The Supreme Court also mentioned that any public servant can be arrested only after the acknowledgement of the appointing authorities and on the same hand any of the private individuals can be arrested after Supreme Superintendent Police (SSP) has given his consent for the same.

The controversy mentioned above came into being after the judgement of honourable Supreme Court, 2018. The Schedule Caste and Schedule Tribe Prevention of Atrocities Act, 1989 was amended so that special courts are made for the trail of cases and hence speedy justice is given to the people(victims). This act limits the oppression of other people upon the people who are being safeguarded under this act. Also, it aims at providing relief to the victims under the act. This act increases the punishment awarded I certain cases like special crimes that are very humiliating and threating to the people in society, and also highlights these special crimes under Indian Penal Code (IPC). Hence the main reason why the controversy was highlighted was as it was seen in several instances where the public servants were seeming to exploit the same act.


SC REVERSES ORDER AGAINST DILUTION OF SC/ST ACT

CURRENT ISSUE (SC REVERSES ORDER AGAINST DILUTION OF SC/ST ACT)


A bench of two judges which consists of Justice Arun Mishra and Justice U. U. Lalit on September 13 has referred the case of review petition to a three judges’ bench.

Now, on Wednesday that is September 18 the three judges’ bench of Justice Arun Mishra, Justice A R Shah and Justice B R Ghavai reversed the order brought up by the centre with reference of its 2018 judgement which had further eased the arrest provisions under the section of prevention of atrocities act.

The above bench has criticized the verdict that was given by the two judges bench in 2018 and questioned the bench whether such a judgement should have been passed against the sprit of Constitution of India. The bench said that the people belonging to SC/ ST are not subjected to any kind of discrimination and untouchability specifically after 71 years of independence. This indicated that the bench is trying to move as per the laws by further brining equality among the people of India.

The same three judges’ bench has decided to hear the matter of the challenges that are being brought up after the amendment of 2018 in SC / ST Act next week.

The bench on May 2 while reversing the order said “Law in the country should be uniform and can not be for general category or SC / ST category.”

The bench further said “It is against the spirit of Constitution. Can an order be passed against the statutes and Constitution just because there is abuse of law? Can you doubt any person on the basis of caste?  Even general category persons can file false FIR.”

“You should make a protective provision. This is not the law which the Constitution has contemplated that a person belonging to SC/ST will go to police station to lodge a FIR and the police will say no FIR will be lodged without inquiry.” the bench addressed to the Attorney General K. K. Venugopal who was representing the centre.

“In case of general category persons, the complaint is lodged but in case of SC/ST persons, they will say prior inquiry is needed. Is this the law contemplated under the Constitution,” it further said.

The bench also laid down that a proper enquiry should be done by a DSP or similarly ranked officer to identify if any allegations in the case comes under the arena of the act or not and the allegations poses any seriousness or not.

Hence it was made clear that further in the next week on September 23 the challenges to the judgement of 2018 will be heard and decided upon.

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SC REVERSES ORDER AGAINST DILUTION OF SC/ST ACT

CONCLUSION


It is seen and is required that equality must not be compromised and the castes and the tribes should be safeguarded as it’s being a long time they have been exploited and humiliated and abused. About 200 million of the total 1.3 billion population constitutes Dalits, hence they are equally important section of society to look after. If any of the provisions are being changed in the upcoming judgement then there might be similar reactions and anger of people as it was seen during the latter protest on 2nd April in the states of Madhya Pradesh, Uttar Pradesh and Rajasthan.

And to properly implement the law Judiciary, Administration including police officials and investigation agencies have to cooperate and work together.

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