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    Homechevron_rightIndiachevron_rightSC judgement on SC/ST...

    SC judgement on SC/ST atrocities case frowned upon

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    New Delhi: A recent judgment of Supreme Court in a case registered under SC-ST (Prevention of Atrocities) Act, 1989, is drawing criticism from the communities concerned and its leaders alike.

    On Thursday, the Supreme Court held that insult or intimidation of an SC-ST person within the four walls of the building, is not an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

    Dr. Thol. Thirumavalavan, Viduthalai Chiruthaigal Katchi leader and Member of Parliament issued a press release demanding the Central Government to file an appeal against the judgment. He said that the judgment is shocking.

    Bhim Army leader Chandrashekhar Azad commented that the judgment is part of a conspiracy to thwart the SC/ST Act again.

    "This is happening at the behest of the Central Government. The government should not forget that we are alive." Azad said in a tweet tagging the news of the judgment.

    Suraj Kumar Bauddh, spokesperson of Azad Samaj Party said that the judgment shows the bias of the judiciary where SC/ST community representation is zero. He said that the judgment is a "complete invasion on SC-ST Act".

    Former MP and AICC spokesperson Dr. Udit Raj warned of an agitation against the judgment. He questioned why Supreme Court is not interfering so in the case of other acts like domestic violence act, where abuses are happening inside the four walls.

    Human rights activist and advocate, Dr. B. Karthik Navayan, described the judgment as an instance of mechanical interpretation of law. He said that all atrocities on Scheduled Castes and Scheduled Tribes take place just because they belong to these communities.

    The apex court on Thursday was considering an appeal against an Uttarakhand High Court order where an accused in a case registered under the Act was denied bail.

    The court said: ""In the list of witnesses appended to the charge-sheet, certain witnesses are named but it could not be said that those were the persons present within the four walls of the building. The offence is alleged to have taken place within the four walls of the building. Therefore, in view of the judgment of this Court, it cannot be said to be a place within public view as none was said to be present within the four walls of the building as per the FIR and/or charge-sheet"

    The court also observed that the offence under the act cannot be revoked merely on the fact that the informant is a member of Scheduled Caste unless there is an intention to humiliate a member of Scheduled Caste or Scheduled Tribe for the reason that the victim belongs to such caste. Such acts will not be an offence under the Act unless such insult or intimidation is on account of victim belonging to Scheduled Caste or Scheduled Tribe.

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    TAGS:SC ST ACt Supreme court India Dalit 
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