Skip to main content

Demand for including anti-atrocities Act under 9th Schedule to "protect" it from any future judicial review

By A Representative
Taking a tough stance following the April 2 Bharat bandh, India's top Dalit-Adivasi apex body fighting for the implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, or POA Act, and it's 2015 amendment, has demanded that the POA Act be included in the Ninth Schedule of the Indian Constitution, so that it gets the protection in the matter of judicial review.
The top apex body's statement comes close on the heels of the Supreme Court declining to stay it's controversial March 20 ruling, which had said the POA Act was being used to blackmail innocent people. Dalit organizations across the country called for Bharat bandh on April 2 to protest against the ruling. Nine persons, seven of them Dalits, died during the bandh, which turned violent in several parts of India.
While the Government of India filed a review petition in the Supreme Court of India, the National Coalition for Strengthening POA Act (NCSPA), a platform of more than 500 Dalit and Adivasi civil society organisations, regretted, "The highest court of the country denied an urgent hearing of the matter."
NCSPA said, "Later the review petition was admitted after mentioning the urgency before the Chief Justice. The same bench heard the matter around 2 PM on Wednesday, but declined to give a stay on its verdict dated March 20 and further asked the parties to file written submissions to hear the matter after 10 days."
Calling the trend "frightening", NCSPA said, "Article 31-B of the Ninth Schedule will ensure that POA Act 1989 and POA Amendment Act 2015 and its provisions once included cannot be deemed to be void, or ever to have become void, on the ground that such Act or its provisions are inconsistent with the Constitution."
Under such a situation, said NCSPA, that the Act and its provisions "cannot be curtailed by any judgment or order of any court", adding, "Presently, 284 legislations are included in Ninth Schedule, and these relate to the zamindari abolition, state level land reforms, reservation in educational institutions, the Bonded Labour System (Abolition) Act, 1976", and so on.
NCSPA said, it is deeply disappointed the Central and state governments tried to forcefully quell the peaceful protestors all over the country on April 2, adding, "We are anguished that the police personnel used excessive force with the protestors and resorted to lathi charge to disperse the peaceful protesters."
Pointing out that "several protesters were injured and killed in Uttar Pradesh, Punjab, Madhya Pradesh, Rajasthan, Uttarakhand, Jharkhand, Bihar, Odisha and Andhra Pradesh", it added, in Uttar Pradesh alone, "448 people were detained". All this suggested the "incapability of the police personnel and lack of sincerity of the central government and judiciary, towards the repressive ruling."
NCSPA underscored, "People at the grassroots and many Dalit and people's organisations are losing confidence and faith in the will and ability of the government and the judiciary in addressing these core and critical issues facing the country", especially when the recent trend shows that "there is an increase in atrocities against Dalits by 5.5% in 2016 (40,801) over 2015 (38,670), and increase in atrocities against Adivasis by 4.7% in 2016 (6,568) over 2015 (6,276)."
Asking the Government of India to "urgently move a reference to the larger bench of the Supreme Court on the judgment dated March 20", NCSPA said, it should seek to "revisit the judgment, rescind the directions, expunge certain observations therein, and present a holistic picture such as the socio-historical background of the Act."

Comments

TRENDING

Civil society at a crossroads: Service delivery vs. rights in the fight for social change

Counterview News   In the latest episode of the podcast Unmute , hosts Gagan Sethi and Minar Pimple convened a profound conversation with two veteran development practitioners to dissect a persistent tension within civil society: the perceived divide between service delivery and the struggle for rights. The episode, titled "Beyond Service Delivery: Civil Society, Rights, and the Politics of Social Change," featured Apoorva Oza , a development practitioner with decades of experience in rural development and institution-building, and Professor Dipa Sinha , a development economist known for her work on food, nutrition, gender, and social policy.

Grain vs. gasoline: How the global biofuel boom threatens India’s food and water security

By Rajiv Shah  A new report published by the international research and advocacy organization GRAIN has warned that the global resurgence of biofuels is triggering a dangerous dynamic of “more fuel, less food, more land grabs.” Driven by intersecting energy security concerns, geopolitical tensions, and aggressive decarbonization mandates, the expanding agrofuel industry is increasingly pitting corporate energy interests against global food security and indigenous land rights. 

Sikkim governor row: ALIFA asks centre to explain hurried appointment in Ankita Bhandari case

By A Representative   The All-India Feminist Alliance (ALIFA) on Saturday expressed “immense pain and outrage” that even after four years and a national uproar, justice has not been fully delivered in the Ankita Bhandari murder case and that a ruling party politician facing allegations has been “gifted a high-ranking constitutional office.” In a statement, ALIFA extended “unflinching solidarity” to Ankita’s parents, who it said are “fighting for justice on the streets of Delhi,” and demanded that pending the CBI inquiry and judicial decision, the appointment of BJP leader Dushyant Kumar Gautam as Sikkim’s Governor be subject to “immediate presidential review.”