Right-wing stir against Government on SC/ST Act in Ranchi

 Context :- 

Members of various right-wing groups on Tuesday protested in the heart of the capital against the Narendra Modi government’s approval of an amendment more than two months ago to undo the Supreme Court’s “dilution” of the SC/ST (Prevention of Atrocities) Act.

The court had said that a preliminary inquiry may be conducted by a DSP to ensure allegations are not “frivolous or motivated” before a case is registered. It added that :-

• A public servant, if accused, could be arrested with the permission of the appointing authority.
• Others can be arrested only after permission is granted by the SSP who will have to record in writing the reason for granting permission and hand it to the court concerned.

Prevention of Atrocities (Amendment) Act, 2015 :-

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 to ensure more stringent provisions for prevention of Atrocities against Scheduled Castes and the Scheduled Tribes

Salient Features :-

• New offence of atrocities are added
• Establishment of Exclusive Special Courts and specification of Exclusive Special Public Prosecutors also, to exclusively try the offences under the PoA Act to enable speedy and expeditious disposal of cases.
• Power of Special Courts and Exclusive Special Courts, to take direct cognizance of offence and as far as possible, completion of trial of the case within two months, from the date of filing of the charge sheet.
• Defining clearly the term ‘wilful negligence’ of public servants at all levels, starting from the registration of complaint, and covering aspects of dereliction of duty under this Act.
• If the accused was acquainted with the victim or his family, the court will presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise.

SC judgment On SC/ST act, 2018 :-

In SubhashKashinath Mahajan vs The State of Maharashtra (Review of SC/ST Prevention of Atrocities Act) Case, Supreme Court opined that SC/ST Prevention of Atrocities Act (PoA act) is being misused and checks are needed to prevent such misuse. Apex court also observe that the act has become a tool to persecute innocents and public servants for political and personal gains. This claim has been validated by Parliamentary Standing Committee report, which has sought an inbuilt provision in the PoA act to safeguard those who are falsely accused.

Other Constitutional provisions :-

Article 46 – promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation
Article 338 – National Commission for Scheduled Castes

• It investigates and monitor all matters relating to the constitutional and other legal safeguards for the SCs and to evaluate their working;
• It enquires into specific complaints with respect to the deprivation of rights and safeguards of the SCs;

Article 338-A – National Commission for Scheduled Tribes ;Its functions are same as that of NCSC, but with respect to ST than SC.

By: Shashank Shekhar