Under pressure from opposition parties and several organisations, the Union government will be filing a review petition in the Supreme Court challenging its order banning automatic arrest and registration of cases for alleged harassment of SCs and STs.
The Scheduled Castes (SCs) and the Scheduled Tribes (STs) Prevention of Atrocities (PoA) Act, 1989 protects the marginalised communities against discrimination and atrocities. It was amended recently to include new offences and to ensure speedy justice to victims. The amended law had come into effect from January 26, 2016.
With dalit organisations calling for 'Bharat Bandh' in protest, especially in Punjab and Odisha, here's a look at some of the amendments that, they claim, will weaken the law and, in turn, lead to more violations.
In its March 20 ruling, the Supreme Court said that public servants cannot be prosecuted without written permission from their appointing authority.
Preliminary inquiry, and further arrest, in a case under the Act would be conducted by a Deputy Superintendent of Police.
Also, anticipatory bail can be taken if there is no prima facie case or if, on investigating it is found that the case registered under the Act is found to be ‘mala fide’ or 'motivated in bad faith'.
The amendment in the law was to protect honest public servants discharging 'bona fide' duties from being blackmailed with false cases under the Act.
This comes at a time when NCRB 2016 data shows an increase of 5.5 per cent and 4.7 per cent in crimes against SCs and STs. Interestingly, while charge-sheet was filed in 77 per cent of the cases, the conviction rate was a lowly 15.4 per cent. Further 'dilution' of the law is likely to bring down the numbers further.
Political parties have strongly objected to the amendments, and have sought a review of the order. A delegation of NDA's SC and ST MPs, led by BJP-ally Lok Jan Shakti party chief Ram Vilas Paswan and Union Social Justice Minister
Thawar Chand Gehlot had met Prime Minister Narendra Modi to discuss the judgement. Gehlot wrote to Law Minister Ravi Shankar Prasad about a review plea against the apex court verdict.
The National Commission for Scheduled Tribes (NCST) and the National Commission for Scheduled Castes (NCSC) have also conveyed their views and demanded a review of the verdict, saying the original Act, as it existed before the SC verdict, should be restored.
(With inputs from agencies)