SC/ ST Act: Supreme Court Recalls March 2018 Directions

In 1989, the Government of India passed the Prevention of Atrocities Act (POA), which delineates specific crimes against Scheduled Castes and Scheduled Tribes as atrocities, and describes strategies and prescribes punishments to counter these acts. The Act attempts to curb and punish violence against Dalits through three broad means:

1. Firstly, it identifies what acts constitute atrocities.
2. Secondly, the Act calls upon all the states to convert an existing sessions court in each district into a Special Court to try cases registered under the POA.
3. Thirdly, the Act creates provisions for states to declare areas with high levels of caste violence to be atrocity-prone and to appoint qualified officers to monitor and maintain law and order.

• While dealing Director of Technical Education (DTE), Maharashtra case, SC Bench took note of cases of a similar nature before other courts in which false and frivolous complaints were made under the Act for personal motives. Hence, it wanted to lay down guidelines to prevent misuse of the law so that the innocent could be protected.
• It sought to explain that “interpretation of the Atrocities Act should promote constitutional values of fraternity and integration of society. This may require a check on the false implication of innocent citizens on caste lines.
• It gave the judgement that a preliminary inquiry should be conducted before the FIR was registered by invoking SC/ST Act, to check if the case fell within the ambit of the Act, and whether it was frivolous or motivated.
• The court also ruled that the public servants could be arrested only with the written permission of their appointing authority, while in the case of private employees; the Senior Superintendent of Police concerned should allow it.
• The court gave this judgement on the pretext that Innocents cannot be terrorised by the provisions of the SC/ST Act and their fundamental rights need to be protected.

The apex court’s March 20, 2018, verdict had led to a massive outcry and protests by different SC/ST organisations across India after which Parliament passed the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018, to neutralise the effects of the judgment.

• As per the Supreme Court, the struggle for equality and civil rights of SC/ST communities is still not over. They are still discriminated. Untouchability has not vanished and those involved in scavenging have still not been provided modern facilities.
• The apex court further stated that the Constitution provides for protection of SC/ST people under Article 15 but they still face social abuse and discrimination.
• Dealing with the misuse of provisions of SC/ST Act and lodging of false cases is not due to the caste system but due to human failure.
• The directions passed on provision of arrest and conducting a preliminary probe before any case is lodged is uncalled for and was impermissible under the Constitution.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2018 is a positive step towards ensuring justice but benefits can only be reaped on it effective implementation.

• Additionally, the administrative set up including police machinery, investigating agencies and judiciary should work in tandem to effectively implement the amended law and the provisions of the constitution against untouchability as enshrined under Article 17.