By Prarthana Mitra
The Supreme Court on Tuesday refused to stay its earlier order halting the automatic arrest on complaints filed under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act saying there was no dilution of the Act. The verdict came in response to the petition filed by the NDA government to review the earlier ruling.
The matter has been adjourned for 10 days and all parties have been asked to file written submissions within two days, reports Mint.
On March 20, the apex court ruled that anyone accused of violating the SC/ST Act should be arrested only after a legal inquiry, to be conducted by the deputy superintendent of police, to ensure that the allegations are not frivolous. The bench justified its ruling as a measure to protect honest public servants discharging bona fide duties from being blackmailed with false cases under the Act.
Impact of earlier verdict
Several Dalit outfits and members of the community raised objections against what they said is the dilution of the Act and called for a nationwide bandh after agitating for weeks. Detractors condemned the top courts ruling as an undemocratic move against minority rights and said it would likely reduce the fear of the law, and result in more violations and atrocities against the Dalit community.
Hundreds of Dalits protested on Monday to apply greater pressure on the government to take concrete action. Instances of arson, violence and vandalism were reported in Madhya Pradesh, Rajasthan, Uttar Pradesh, Bihar and Punjab, with at least nine dead and thousands detained in Jharkhand.
The strike also gained further traction through the support of various regional leaders like Bahujan Samaj Partys Mayawati, CPI(M)s Sitaram Yechury and West Bengal chief minister Mamata Banerjee. The Congress party had urged the government to file a review petition challenging the recent verdict.
Although there is merit in the courts decision to uphold the citizens right to be considered innocent until proven guilty, in a society that continues to be dictated by caste equations, it could prove to be a major setback to the ongoing struggle of marginalised communities in India.