Connect with us

POLITICS-GOVERNANCE

Govt to File Review Petition on SC order on Atrocities Act

The government has decided to file a review petition in the SC over the recent ruling on Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 

Published

on

The government has decided to file a review petition in the Supreme Court over the recent ruling on Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

In his message on social networking site Twitter, Social Justice and Empowerment Minister, Thaawarchand Gehlot said that union government is committed to the welfare of the SCs and STs in the country.

Recently, in its order, the Supreme Court had introduced the provision of anticipatory bail in the Act while directing that there will be no automatic arrest on any complaint filed under the law.

Opposition parties, as well as some NDA allies, had raised the voices to file a review petition in the matter.

What is Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989?

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes. The Act is popularly known as POA, the SC/ST Act, the Prevention of Atrocities Act, or simply the Atrocities Act.

Article 17 of Indian Constitution seeks to abolish ‘untouchability’ and to forbid all such practices. It is basically a “statement of principle” that needs to be made operational with the ostensible objective to remove humiliation and multifaceted harassments meted to the Dalits and to ensure their fundamental and socio-economic, political, and cultural rights.

This is to free Indian society from blind and irrational adherence to traditional beliefs and to establish a bias-free society. For that, Untouchability (Offences) Act 1955 was enacted. However, lacunae and loopholes impelled the government to project a major overhaul of this legal instrument. From 1976 onwards the Act was revamped as the Protection of Civil Rights Act.

Despite various measures adopted to improve the socio-economic conditions of the SCs and STs they remain vulnerable and are subject to various offences, indignities and humiliations and harassment. When they assert their rights and against the practice of Untouchability against them the vested interest try to cow them down and terrorize them. Atrocities against the SCs and STs still continued.

The normal provisions of the existing laws like the Protection of Civil Rights Act 1955 and Indian Penal Code have been found inadequate to check these atrocities continuing the gross indignities and offences against Scheduled Castes and Tribes. Recognizing these, the Parliament passed ‘Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act’, 1989 & Rules, 1995. The statement of objects and reasons appended to the Bill, while moving the same in the Parliament, reads

“despite various measures to improve the socioeconomic conditions of SCs & STs, they remain vulnerable. They are denied a number of civil rights; they are subjected to various offences, indignities, humiliations and harassment. They have, in several brutal incidents, been deprived of their life and property. Serious atrocities are committed against them for various historical, social and economic reasons.”

The preamble of the Act also states that the Act is

“to prevent the commission of offences of atrocities against the members of Scheduled Castes and Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.”

Thus objectives of the Act clearly emphasize the intention of the Government to deliver justice to these communities through proactive efforts to enable them to live in the society with dignity and self-esteem and without fear or violence or suppression from the dominant castes. The practice of untouchability, in its overt and covert form was made a cognizable and non-compoundable offence, and strict punishment is provided for any such offence.

The SCs and STs (Prevention of Atrocities) Act, 1989 with stringent provisions (which extends to the whole of India except the State of Jammu & Kashmir) was enacted on 9 September 1989. Section 23(1) of the Act authorises the Central Government to frame rules for carrying out the purpose of the Act. Drawing power from this section, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules of 1995 were framed.

The rules for the Act were notified on 31 March 1995.

The purpose of the Act was to help the social inclusion of Dalits into Indian society, but the Act has failed to live up to its expectations admitted by the Union Minister for Home Affairs in parliament on 30 August 2010 (quoted below).

Continue Reading
Comments

POLITICS-GOVERNANCE

PM Modi Today in Mandla in MP for National Panchayati Raj Day Program

The winners of  Rashtriya e-Panchayat Puraskar and Gram Panchayat Vikas Puraskar Yojana under Sarvasreshtha Panchayat Puraskar Yojana will be felicitated on this occasion.

Published

on

MANDLA (Madhya Pradesh): Prime Minister Narendra Modi will visit Mandla in Madhya Pradesh on Tuesday on the National Panchayati Raj Day.

He will launch the Rashtriya Gramin Swaraj Abhiyan, at a public meeting, and address Panchayati Raj representatives across the country, from Mandla.

Preparations are underway for the visit with cultural celebrations and performances reflecting the local culture of the region.

Prime Minister Modi will unveil a Road Map for the overall development of tribals during the next five years highlighting the focus on Sabka Saath Sabka Vikas.

In keeping up with the Government’s commitment towards clean, healthy, and electrified India, the Prime Minister would felicitate the Sarpanches of the villages which have achieved 100 percent smokeless kitchens, 100 percent vaccination under Mission Indradhanush, and 100 percent electrification under Saubhagya Scheme.

The winners of  Rashtriya e-Panchayat Puraskar and Gram Panchayat Vikas Puraskar Yojana under Sarvasreshtha Panchayat Puraskar Yojana will be felicitated on this occasion.

Prime Minister’s visit to Mandla on Panchayats Raj Day is an indication of the government’s commitment to bring people in remote regions into the developmental mainstream.

The Felicitation of panchayat heads will prove to be a source of inspiration to the rest of India and highlight the achievements and best practices of these interventions.

Continue Reading

POLITICS-GOVERNANCE

BJP Charges Congress with Disrespecting Constitutional Authorities

BJP charged the Congress party with harming the reputation and independence of the judiciary for political gain.

Published

on

NEW DELHI: The BJP on April 23 criticised the Congress Party for attacking the institution of the Chief Justice, charging the party with wanting to create anarchy by making people “lose” faith in the judiciary.

While the Congress Party has alleged that the Rajya Sabha chairman had not followed due process, the BJP hit back saying the Rajya Sabha Chairman’s office is not a post office meant to forward petitions but has to apply its mind judiciously and take a call.

Even after the Rajya Sabha Chairman refused to admit the  motion seeking removal of Chief Justice of India Dipak Mishra, the matter has not come to a rest. The Govt and ruling Party have come down heavily on Congress for not respecting the Chairman’s decision… saying that the party has no respect for constitutional authorities.

BJP charged the Congress party with harming the reputation and indepence of the judiciary for political gain. The party said the voters will soon bring in a motion for the removal of the Congress party.

The Congress Party has said it will appeal against the verdict in the Supreme Court. Despite the Congress’ apprehensions, constitutional experts are calling the Congress Party sponsored notice for removal  a politically motivated one.

Experts say the chairman followed due process. It is well within the power of the chairman to disallow the motion after consulting such persons as he thinks fit and after considering materials available to him. It is only after and if the motion is accepted, that a committee of three members is consituted to examine the allegations.

This has happened four times in the history of the country so far… aganist Supreme Court Judge V. Ramaswami, Kolkata High Court Judge Soumitra Sen, Chief Justice of Sikkim High Court PD Dinakaran and Justice JB Pardiwala of Gujarat High Court, but in no case has teh entire porcess been completed. This motion has been disallowed at the intial stage itself.

Continue Reading

POLITICS-GOVERNANCE

Amit Shah Accuses Congress of Trying to Save the Dynasty in the Name of Constitution

Calls the impeachment motion a part of a larger trend to demonize and weaken every institution that seeks to maintain its individual identity.

Published

on

NEW DELHI: BJP president Amit Shah has denounced the move by the opposition to move a notice of impeachment motion against the CJI.

In a hard-hitting Facebook post named – Saving the Constitution or Saving Dynasty? – Shah has lambasted the Congress for trying to target institutions of the nation and weaken its democracy.

Touching upon the notice of motion of impeachment he added that judiciary, though trusted by 125 crore Indians, has invited the wrath of the Congress and Nehru-Gandhi dynasty.

He called it a part of a larger trend to demonize and weaken every institution that seeks to maintain its individual identity and not kowtow to the dynasty. He said that the Army has also repeatedly been the Congress’ target.

He said that during the UPA years a Chief of Army Staff was targeted and the entire Army was dragged into political slugfests. He also listed Congress’ protests against the CAG and the election commission in the post.    The post makes reference to the imposition of emergency and dismissal of state governments under the Congress rule.

He also accused the Congress of deviating from the constitution given by Babasaheb Ambedkar and of spreading hate and divisions in society and said that Congress is blinded by the disdain for PM modi, it is becoming increasingly clear that the Modi hatred is fast turning into India hatred.

Continue Reading

Also In The News