Skip to main content

Supreme Court 'diluting' anti-atrocities Act: Dalit rights groups protest judgment

Counterview Desk

Dalit rights organizations – the National Dalit Movement for Justice-National Campaign on Dalit Human Rights (NDMJ-NCDHR) and the National Coalition for Strengthening Scheduled Castes (SCs) and Scheduled Castes (STs) Prevention of Atrocities (PoA) Act Act – taking strong exception to the recent Supreme Court judgment on October 5 that all insults or intimidations to persons belonging to Dalits or Adivasis are not offences under PoA Act, has said that the order will weaken “the roots of fight against untouchability”.
In a statement, signed on behalf of the three organizations by Dr VA Ramesh Nathan, they said, in most of the cases under the PoA Act, people belonging to Dalit or Adivasi community “do not even report the due to fear of social boycott or other form of atrocity by the dominant castes”, pointing out, “The PoA Act is intended to serve and protect the rights of Dalit and Adivasis.”
“It has been observed that a number of attempts have been made to dilute its provisions. The judgment delivered in the above mentioned criminal appeal is one such attempt”, it regrets.

Text:

The Hon’ble Supreme Court, in the matter of Hitesh Verma vs State of Uttarakhand (criminal Appeal no. 707 of 2020), passed its judgment stating that “Insulting or intimidating a person belonging to Scheduled Caste or Scheduled Tribe (SC/ST) community will not be counted as offence under the SC/ST PoA Act unless such insult or intimidation is on account of victim belonging to SC/ST community”.
National Coalition for Strengthening SCs & STs PoA Act and the National Dalit Movement for Justice- National Campaign on Dalit Human Rights ((NDMJ-NCDHR) strongly condemns the judgement delivered by the Hon’ble Supreme Court in the above mentioned case as it weakens the roots of fight against untouchability.
We would like to further reiterate that the Scheduled Castes (SCs) and the Scheduled Tribes (STs) (Prevention of Atrocities) Act, 1989 was framed to prevent atrocities committed against the Dalit and Adivasi communities. The research data from various source reveals that the Act has not been properly implemented. Still there is a large fragment of people belonging to the marginalised community for whom ensuring access to justice is still remains a dream.
In most of the cases, people belonging to Dalit or Adivasi community do not even report the due to fear of social boycott or other form of atrocity by the dominant castes. The PoA Act is intended to serve and protect the rights of Dalit and Adivasis. However it has been observed that a number of attempts have been made to dilute its provisions. The judgment delivered in the above mentioned criminal appeal is one such attempt.
The judgment will form the base of gross social injustice to the marginalised and vulnerable communities. It is only due to the constant struggle of few civil society organisation and Dalit and Adivasi leaders, the act is still into existence. 
As per the facts of the case, a Dalit man raised his voice against forceful and illegal land possession by the dominant caste members. The Dalit man and his family members were constantly being threatened and subjected to atrocity. The FIR was lodged for the offences under Sections 452, 504, 506 of Indian Penal Code and Section 3(1)(r) and 3(1)(e) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 
The police filed its report of investigation and removed Section 3(1)(e) from the charge sheet. The accused later filed an application under Section 482 of Criminal Procedure Code for quashing of FIR. The appeal made by the accused came before the apex court and the Hon’ble court, while quashing the FIR, reiterated that “this Act intended to punish the acts of the upper caste” and this case had no connection with the caste (Scheduled Caste) of the complainant. Both the complainant and the accused person have the right to own the land and get justice. 
Since the incident occurred within four walls in the absence of members of the public, the allegation under the act do not stand and hence the section 3 (1) (r) cannot be applicable to this case as highlighted in his judgment. The Hon’ble Court has ignored few of the most important legal aspects while delivering the judgment. 
The same are as follows:
  1. The police authorities, at the initial phase of the investigation, had failed to invoke sections 3 (1) (u) and 3 (2) (va) of SC/ST Act 1989 in the said FIR. The facts of the case clearly attract these provisions. In particular, when the FIR is registered under IPC sections, the police authorities are also bound to include section 3 (2) (va) of SC/ST PoA Act. Moreover since the FIR is registered under 506 of IPC, so it is obvious that section 3 (2) (va) of SC/ST PoA Act is applicable. But the Hon’ble Court did not consider these legalities of the case and rendered a judgment which is against the principle of Social Justice.
  2.  Moreover section 8 of the SC/ST PoA Act, 1989 talks about presumption as to offence. Sub Clause (c) of Section 8 further says that “the accused having personal knowledge of the victim or his family, the Court shall presume that the accused was aware of the caste or tribal identity of the victim, unless the contrary is proved”. The apex court has failed to look into this significant feature of the act. 
  3. Finally the Hon’ble court has ignored the basic principle set up under the Object and Reason clause of the act, i.e., the Act was enacted to improve the social economic conditions of the vulnerable sections of the society as they have been subjected to various offences such as indignities, humiliations and harassment.Even if a member of Schedule caste or Schedule Tribe is being verbally caste abused by the member of Dominant Caste, under the pretext of his caste identity, the act amounts to humiliation, harassment and violation of Article 21, i.e., Right to Life and Personal Dignity. 
Since the Hon’ble court has failed to consider the above mentioned aspect and has grossly erred in rendering the said impugned judgment, the National Dalit Movement for Justice would like to put forth following demands in order to prevent miscarriage of justice:
  1. The Hon’ble apex Court shall reconsider the appeal by taking suo-moto congnisance and transfer the same to a constitutional bench for consideration.
  2. The State shall file a review petition in order to ensure that the victims have access to justice. 
  3. Action shall be taken against the concerned police authorities under the section 4 (wilful negligence) of the SC/ST PoA Act for including inappropriate sections and diluting the gravity of the incident and for favouring the accused person. 
We, on behalf of the National Coalition for Strengthening SCs & STs PoA Act (NCSPOA) will take every possible step to emphasizing upon our demands and to take action on reinstating the SC/ST PoA Act.

Comments

TRENDING

'Very low rung in quality ladder': Critique of ICMR study on 'sudden deaths' post-2021

By Bhaskaran Raman*  Since about mid-2021, a new phenomenon of extreme concern has been observed throughout the world, including India : unexplained sudden deaths of seemingly healthy and active people, especially youngsters. In the recently concluded Navratri garba celebrations, an unprecedented number of young persons succumbed to heart attack deaths. After a long delay, ICMR (Indian Council for Medical Research) has finally has published a case-control study on sudden deaths among Indians of age 18-45.

SC 'appears to foster' culture of secrecy, does not seek electoral bond details from SBI

By Rosamma Thomas*  In its order of November 2, 2023 on the case of Association for Democratic Reforms vs Union of India contesting constitutional validity of electoral bonds, the Supreme Court directed all political parties to give particulars of the bonds received by them in sealed covers to the Election Commission of India. SC sought that information be updated until September 2023. 

How national chauvinism 'overtook' sport despite cricketing glory of World Cup 2023

By Harsh Thakor*  The recently-concluded cricket World Cup was a testimony or manifestation of the thrills, intensity, twists and turns in sport and evolution of the game of cricket. It carried on the trend of the World Cups of yesteryears. Possibly, this was the best ever Indian team in a World Cup, and arguably amongst the best ever to contest a World Cup.

Only 12% of schools RTE compliant: Whither 6% budgetary allocation for education?

By Ambarish Rai* Despite Indian state’s commitment of 6% GDP on education, the Finance Minister completely ignored right to education for children and strengthening implementation of RTE Act which makes education a fundamental right in her budget speech . The Right to Education (RTE) Forum, which is a collective of different stakeholders in education, condemns this neglect of a legal entitlement, which is unconstitutional and demand for overall increase in the budget to ensure improvement in learning outcomes and overall enhancement of quality education.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

'Ambiguous policy': India late in advocating EVs as energy storage in national grid

By Shankar Sharma*  This is regarding the points raised by the Chief Electricity Authority’s (CEA's) advocacy for usage of electrical vehicles (EVs) as energy storage technology, and few associated issues . An objective reading of what he states should reiterate the enormously growing importance of battery energy storage systems (BESS) in our need to transition to a net-zero carbon scenario for the country.

Savarkar in Ahmedabad 'declared' two-nation theory in 1937, Jinnah followed 3 years later

By Our Representative One of the top freedom fighters whom BJP and Prime Minister Narendra Modi revere the most, Vinayak Damodar Savarkar, was also a great supporter of the two nation theory for India, one for Hindus another for Muslims, claims a new expose on the man who is also known to be the original proponent of the concept of Hindutva.

Is India emulating west, 'using' anti-terror plank to justify state-supported violence?

Fahad Ahmad, Baljit Nagra*  Prime Minister Justin Trudeau has accused India of being involved in the assassination of Hardeep Singh Nijjar, a Canadian Sikh leader, on Canadian soil. Narendra Modi’s right-wing Hindu nationalist Indian government is defiant and denies involvement. Indian officials have instead admonished Canada for being a “ safe haven ” for Sikh “terrorism,” a pejorative for Sikh self-determination .