Centre files review petition in Supreme Court challenging SC/ST Act.

Various parts of the country are witnessing widespread violence by Dalit groups and states including Punjab, Rajasthan, Haryana and parts of Madhya Pradesh have imposed a Bharat Bandh in protest of the court’s judgment.

The Centre moved the Supreme Court on Monday challenging a slew of directions passed under a ruling safeguarding government officials from arrest under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The government’s decision to approach the top court in a review petition comes after the top court’s March order raised concerns with regard to its effect on diluting the law meant to protect the marginalised.

Various parts of the country are witnessing widespread violence by Dalit groups and states including Punjab, Rajasthan, Haryana and parts of Madhya Pradesh have imposed a Bharat Bandh in protest of the court’s judgment.

“I wish to convey that today we have filed the review petition on judgment of the Supreme Court about SC/ST protection act. It is important to note that the government of India was not a party to the proceedings at all and therefore, on behalf of ministry of social justice a very comprehensive review has been filed,” law minister Ravi Shankar Prasad told Mirror Now.

He added that the government of India did not agree with the reasoning of the Supreme Court as far as the judgment is concerned.

The matter is yet to be heard by the court.

In its review petition, the ministry of social justice and empowerment is likely to argue that the court’s ruling would effectively dilute the provisions of the law meant to protect the socially marginalised. This could lead to higher atrocities against Dalits and tribals.

On 20 March, a bench comparing justices A.K. Goel and U.U.Lalit held that a public servant could be arrested only after approval of the appointing authority and of a non-public servant after approval by the Senior Superintendent of Police, if considered necessary for reasons recorded.

To avoid false implication of an innocent, a preliminary enquiry may be conducted by the deputy superintendent concerned to find out whether the allegations make out a case under the Act and that the allegations are not frivolous or motivated, it was further stated.

The court further observed, “If the allegation is to be acted upon, the proceedings can result in arrest or prosecution of the person and have serious consequences on his right to liberty even on a false complaint which may not be intended by law meant for protection of a bonafide victim.” (Source: Livemint)