Discrimination Against SC-STs Still Prevalent; Cannot Presume They May Misuse Provisions Of Law As A Class: SC [Read Judgment]

While withdrawing the conditions imposed by the March 20, 2018 judgment for arrest of a person under the SC/ST Act, the Supreme Court observed that the discrimination against the members of the Scheduled Castes and Scheduled Tribes is still prevalent in various parts of the country The bench comprising Justice Arun Mishra, Justice MR Shah and Justice BR Gavai observed that there can be no presumption that the members of the Scheduled Castes and Scheduled Tribes may misuse the provisions of law as a class. It would be against the basic human dignity to treat all of them as a liar or as a crook person and cannot look at every complaint by such complainant with a doubt, the bench observed.It observed that the directives iii, iv & v issued in Dr. Subhash Kashinath Mahajan v. State of Maharashtra are against the concept of protective discrimination in favour of down-trodden classes under Article 15(4) of the Constitution and also impermissible within the parameters laid down by this Court for exercise of powers under Article 142 of Constitution of India. In Dr. Subhash Kashinath Mahajan, it was directed that the arrest of a public servant can only be after approval of the appointing authority and of a non-public servant after approval by the S.S.P. which may be granted in appropriate cases if considered necessary for reasons recorded. It was further held that such reasons must be scrutinized by the Magistrate for permitting further detention. Another direction was to conduct a preliminary enquiry may be conducted by the DSP concerned to find out whether the allegations make out a case under the Atrocities Act and that the allegations are not frivolous or motivated.The bench observed that, these directives may delay the investigation of cases. The direction which makes it mandatory to require approval of appointing authority/ S.S.P, the bench said would run against the spirit of Section 197, Cr.PC. and that would be discriminatory and against the protective discrimination envisaged under the Act. The other direction regarding preliminary enquiry, the bench observed, puts the members of the Scheduled Castes and Scheduled Tribes in a disadvantageous position in the matter of procedure vis-a-vis to the complaints lodged by members of upper caste, for later no such preliminary investigation is necessary. It further said: "In case a cognisable offence is made out, the FIR has to be outrightly registered, and no preliminary inquiry has to be made as held in Lalita Kumari (supra) by a Constitution Bench. There is no such provision in the Code of Criminal Procedure for preliminary inquiry or under the SC/ST Act, as such direction is impermissible." The bench made these observations with regard to discrimination faced by SC-STs: In spite of reservation, the fruits of development have not reached to them As to prevailing conditions in various areas of the country, we are compelled to observe that SCs/STs are still making the struggle for equality and for exercising civil rights in various areas of the country. The members of the Scheduled Castes and Scheduled Tribes are still discriminated against in various parts of the country. In spite of reservation, the fruits of development have not reached to them, by and large, they remain unequal and vulnerable section of the society. The classes of Scheduled Castes and Scheduled Tribes have been suffering ignominy and abuse, and they have been outcast socially for the centuries. The efforts for their upliftment should have been percolated down to eradicate their sufferings. We have not been able to eradicate untouchability in a real sense Though, Article 17 of the Constitution prohibits untouchability, whether untouchability has vanished? We have to find the answer to 34 all these pertinent questions in the present prevailing social scenario in different parts of the country. The clear answer is that untouchability though intended to be abolished, has not vanished in the last 70 years. We are still experimenting with 'tryst with destiny.' The plight of untouchables is that they are still denied various civil rights; the condition is worse in the villages, remote areas where fruits of development have not percolated down. They cannot enjoy equal civil rights. So far, we have not been able to provide the modern methods of scavenging to Harijans due to lack of resources and proper planning and apathy. Whether he can shake hand with a person of higher class on equal footing? Whether we have been able to reach that level of psyche and human dignity and able to remove discrimination based upon caste? Whether false guise of cleanliness can rescue the situation, how such condition prevails and have not vanished, are we not responsible? The answer can only be found by soul searching. However, one thing is sure that we have not been able to eradicate untouchability in a real sense as envisaged and we have not been able to...

Discrimination Against SC-STs Still Prevalent; Cannot Presume They May Misuse Provisions Of Law As A Class: SC [Read Judgment]

Ashok Kini

"It would be against the basic human dignity to treat all of them as a liar or as a crook person and cannot look at every complaint by such complainant with a doubt."

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