On 1st Oct, 2019, the Supreme Court recalled its directions in a March 20, 2018 verdict that had effectively diluted provisions of arrest under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). This was done after a plea by the Centre seeking a review of that judgment.
Background
In 1989, the Government of India passed the Prevention of Atrocities Act (POA), which delineates specific crimes against Scheduled Castes and Scheduled Tribes as atrocities, and describes strategies and prescribes punishments to counter these acts. The Act attempts to curb and punish violence against Dalits through three broad means.
Allegation of Misuse and March 20, 2018 Verdict of Supreme Court
While dealing Director of Technical Education (DTE), Maharashtra case, SC Bench took note of cases of a similar nature before other courts in which false and frivolous complaints were made under the Act for personal motives. Hence, it wanted to lay down guidelines to prevent misuse of the law so that the innocent could be protected.
The apex court’s March 20, 2018, verdict had led to a massive outcry and protests by different SC/ST organisations across India after which Parliament passed the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018, to neutralise the effects of the judgment.
Stand of the Supreme Court
As per the Supreme Court, the struggle for equality and civil rights of SC/ST communities is still not over. They are still discriminated. Untouchability has not vanished and those involved in scavenging have still not been provided modern facilities.
Way Forward
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2018 is a positive step towards ensuring justice but benefits can only be reaped on it effective implementation.