Skip to main content

Supreme Court bench relied on Gujarat model: Controversial SC-ST blackmail ruling

A Maharashtra rally on April 2 opposing "blackmail" order
By Rajiv Shah
Was the Supreme Court bench of Justices Adarsh Kumar Goel and Uday Umesh Lalit guided by what many consider the "much-hyped" Gujarat model while delivering its controversial judgment of March 20, which ruled that innocent citizens were being blackmailed under provisions of the Scheduled Caste (SC) and Scheduled Tribe (ST) (Prevention of Atrocities) Act, 1989 (POA Act)?
A closer look at the Supreme Court judgment reveals that of the five High Court judgments quoted by the bench for insisting upon its blackmail argument, three were delivered by the Gujarat High Court. The other two were delivered by the Madras High Court and the Bombay High Court.
Bringing this to light, Gujarat’s well-known Dalit rights leader Martin Macwan says, what is especially strange is, the Supreme Court did not even consider the fact that only 2.33% of India’s SC population lives in Gujarat.
Suggesting that “while Gujarat has 8.5% of India’s ST population, too, the blackmail claim is particularly directed at SCs”, Macwan says, “Gujarat being quoted maximum, High Court observations for misuse of the Act seems to have become a model for the contention on the misuse of the anti-atrocities Act.”
Wondering “what about 97% of SCs and 91.5% of STs who live in the rest of India”, Macwan insists, “Gujarat does not fall in the list first five states where maximum atrocities are recorded.”
The first Gujarat High Court judgment that the apex court uses is Dr NT Desai vs State of Gujarat of 1997. The judgment says talks of a “scheming, unscrupulous complainants”, who get arrested accused “on some false allegations of having committed non-bailable offence under the Atrocity Act.”
The second Gujarat High Court judgment, quoted by the apex court, is the Dhiren Prafulbhai Shah vs State of Gujarat of 2016. Delivering the judgment, the judge observes, “In the course of my present sitting, I have come across various cases wherein the provisions of Atrocities Act are misused.”
Martin Macwan
The judge continues, “I find that various complaints are filed immediately after elections, be it Panchayat, Municipal or Corporation, alleging offence under the Atrocities Act”, leading to the conclusion, “I have no hesitation in saying that, in most of the cases, it was found that the FIR.s/complaints were filed only to settle the score with their opponents after defeat in the elections.”
It elaborates, “I have also come across various cases, wherein, private civil disputes arising out of property, monetary matters, dispute between an employee and employer, dispute between the subordinate and his superior are given penal and the complaints are being filed either under Section 190 r/w. 200 or FIRs at the police station”, adding, “The matter in hand is one another example of misuse of the Act…” 
The judge observes, “An Act enacted for laudable purpose can also become unreasonable, when it is exercised over-zealously by the enforcing authorities for extraneous reasons. It is for the authorities to guard against such misuse of power conferred on them.”
Especially taking exception to Section 18 of the POA, it says, the law “imposes a bar so far as the grant of anticipatory bail is concerned if the offence is one under the Atrocities Act”, even though, “a person is accused having committed murder, dacoity, rape, etc. can pray for anticipatory bail under Section 438 of the CrPC on the ground that he is innocent…”
The third Gujarat High Court judgment the apex court quotes is Pankaj D Suthar vs State of Gujarat of 1992, which wonders “whether any statute like the present Atrocities Act, especially enacted for the purposes of protecting weaker sections of the society hailing from SC and ST communities can be permitted to be abused by conveniently converting the same into a weapon of wrecking personal vengeance on the opponents?”
The judgment says, “The answer to this question is undoubtedly and obviously No”, adding Section 18 of the Atrocities Act quite cannot be followed “mechanically and blindly, merely guided by some general and popular prejudices based on some words and tricky accusations”.
If this happens, the judgment underlines, “Then it would be simply unwittingly and credulously playing in the hands of some scheming unscrupulous complainant in denying the justice.”

Comments

TRENDING

From Kerala to Bangladesh: Lynching highlights deep social faultlines

By A Representative   The recent incidents of mob lynching—one in Bangladesh involving a Hindu citizen and another in Kerala where a man was killed after being mistaken for a “Bangladeshi”—have sparked outrage and calls for accountability.  

Gram sabha as reformer: Mandla’s quiet challenge to the liquor economy

By Raj Kumar Sinha*  This year, the Union Ministry of Panchayati Raj is organising a two-day PESA Mahotsav in Visakhapatnam, Andhra Pradesh, on 23–24 December 2025. The event marks the passage of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), enacted by Parliament on 24 December 1996 to establish self-governance in Fifth Schedule areas. Scheduled Areas are those notified by the President of India under Article 244(1) read with the Fifth Schedule of the Constitution, which provides for a distinct framework of governance recognising the autonomy of tribal regions. At present, Fifth Schedule areas exist in ten states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. The PESA Act, 1996 empowers Gram Sabhas—the village assemblies—as the foundation of self-rule in these areas. Among the many powers devolved to them is the authority to take decisions on local matters, including the regulation...

When a city rebuilt forgets its builders: Migrant workers’ struggle for sanitation in Bhuj

Khasra Ground site By Aseem Mishra*  Access to safe drinking water and sanitation is not a privilege—it is a fundamental human right. This principle has been unequivocally recognised by the United Nations and repeatedly affirmed by the Supreme Court of India as intrinsic to the right to life and dignity under Article 21 of the Constitution. Yet, for thousands of migrant workers living in Bhuj, this right remains elusive, exposing a troubling disconnect between constitutional guarantees, policy declarations, and lived reality.

Policy changes in rural employment scheme and the politics of nomenclature

By N.S. Venkataraman*  The Government of India has introduced a revised rural employment programme by fine-tuning the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), which has been in operation for nearly two decades. The MGNREGA scheme guarantees 100 days of employment annually to rural households and has primarily benefited populations in rural areas. The revised programme has been named VB-G RAM–G (Viksit Bharat Guarantee for Rozgar and Ajeevika Mission – Gramin). The government has stated that the revised scheme incorporates several structural changes, including an increase in guaranteed employment from 100 to 125 days, modifications in the financing pattern, provisions to strengthen unemployment allowances, and penalties for delays in wage payments. Given the extent of these changes, the government has argued that a new name is required to distinguish the revised programme from the existing MGNREGA framework. As has been witnessed in recent years, the introdu...

Aravalli at the crossroads: Environment, democracy, and the crisis of justice

By  Rajendra Singh*  The functioning of the Ministry of Environment, Forests and Climate Change has undergone a troubling shift. Once mandated to safeguard forests and ecosystems, the Ministry now appears increasingly aligned with industrial interests. Its recent affidavit before the Supreme Court makes this drift unmistakably clear. An institution ostensibly created to protect the environment now seems to have strayed from that very purpose.

Making rigid distinctions between Indian and foreign 'historically untenable'

By A Representative   Oral historian, filmmaker and cultural conservationist Sohail Hashmi has said that everyday practices related to attire, food and architecture in India reflect long histories of interaction and adaptation rather than rigid or exclusionary ideas of identity. He was speaking at a webinar organised by the Indian History Forum (IHF).

'Structural sabotage': Concern over sector-limited job guarantee in new employment law

By A Representative   The advocacy group Centre for Financial Accountability (CFA) has raised concerns over the passage of the Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (VB–G RAM G), which was approved during the recently concluded session of Parliament amid protests by opposition members. The legislation is intended to replace the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

'Festive cheer fades': India’s housing market hits 17‑quarter slump, sales drop 16% in Q4 2025

By A Representative   Housing sales across India’s nine major real estate markets fell to a 17‑quarter low in the October–December period of 2025, with overall absorption dropping 16% year‑on‑year to 98,019 units, according to NSE‑listed analytics firm PropEquity. This marks the weakest quarter since Q3 2021, despite the festive season that usually drives demand. On a sequential basis, sales slipped 2%, while new launches contracted by 4%.  

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.