Formal Orders Issued to Implement “Diluted” SC/ST Act in MP and Rajasthan

Despite the Central government’s review petition on the Supreme Court’s March 20 judgment, that amended the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (SC/ST (PoA) act) pending with the court, at least three BJP ruled states have issued orders to implement the Act with new changes.

Dalit and Tribal outfits have led a series of protests across the country against the Supreme Court’s ruling on the Act, which forbids immediate arrest without “prior sanction” and lays down provisions for anticipatory bail.

It has been reported that Chhattisgarh, Madhya Pradesh and Rajasthan, all the three states ruled by BJP, have issued formal orders to implement the SC/ST act as per the Supreme Court’s directions. However, days after implementing the “diluted” act, the Chhattisgarh government on April 17 went back on its decision. The move came after opposition Congress leaders in the state accused the BJP of “doublespeak” on the issue.

Reportedly, in BJP ruled Himachal Pradesh and Congress-ruled Karnataka, informal orders were circulated among the police officers to implement the changes in the Act.

While Haryana has sought legal advice in this regard, Punjab police authorities are waiting for the decision of the state chief minister Amarinder Singh in this regard. On the other side, left ruled Kerala had also filed a review petition with the Supreme Court in this matter.

States must be sensitive towards the cause of oppressed sections such as SCs, STs instead of taking a stand against them, opined P.S. Krishnan, former Secretary, Ministry of welfare and member of the National Monitoring Committee for Education of SCs, STs and Persons with Disabilities. “While there is a review petition pending with the court, why do the states need to hurry in implementing the changes in the act which caused distress among SCs and STs,” Krishnan told Newsclick over the phone. Adding to this, he said, “Rather, states must be anxious to protect the rights of vulnerable sections”.

Recently, Krishnan had written to Thawar Chand Gehlot, the Union Minister of Social Justice and Empowerment, suggesting the government to include the POA Act 1989 and the POA Amendment Act 2015, in the Ninth Schedule, such that the act would get some protection from the judicial review.

Meanwhile, DMK party leaders in Tamil Nadu have protested against the “dilution” of the SC/ST Act on April 16 and have demanded the Central government to protect the Act by including it in Ninth Schedule.

Earlier, on April 2, Dalits and Adivasis observed a nationwide bandh – Bharat Bandh, which took a violent turn as at least eleven people (including nine Dalits) were killed either due to attacks fromUpper Caste groups or by police firing.