The Narendra Modi Government on Monday said it did not agree with the reasoning given in the Supreme Court judgment in changing the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and affirmed that the judgment will be reconsidered.
The Centre sought review of the March 20 Supreme Court decision that paved the way for anticipatory bail to offenders under the SC/ST Act and introduced safeguards in an attempt to weed out frivolous and false complaints at the threshold of filing a complaint. However, the SC refused urgent hearing on the issue and directed listing of the case in due course. However, Centre’s review petition will be taken up in chambers by the Bench of Justices Adarsh K Goel and UU lalit, which passed the order on March 20.
Filing a review petition against the apex court’s March 23 order, the Centre asserted within Parliament and outside that it was committed to the well-being of the Dalit and tribal sections of the society.
The Government and the ruling BJP maintained that the decision to seek review of the apex court’s order was taken five to six days ago itself immediately after the judgment was delivered. It sought to allay the apprehension that there was some delay in filing the review petition by the Centre.
“I wish to convey that today we have filed the review petition on judgment of the Supreme Court about SC/ST protection Act. It is important to note that the Government of India was not a party to the proceedings at all and therefore, on behalf of the Ministry of Social Justice a very comprehensive review has been filed,” said senior BJP leader and Union law Minister Ravi Shankar Prasad.
Prasad said the Government did not agree with the reasoning of the court’s judgment and it will be reconsidered. He said the Modi Government was committed to the well-being of the Dalit society and pointed out that his party has the largest number of Dalit MPs and MlAs.
Hitting out at the Congress, Prasad said it was anti-Dalit party and asked the Opposition party as why it did not bestow ‘Bharat Ratna’, the highest civilian honour of the country, on framer of the Constitution BR Ambedkar since he died in 1956 until 1989 when it was running the country. Ambedkar was awarded the honour in 1989 under the VP Singh Government which was supported by the BJP, said the law Minister.
Prasad said under the Modi Government all the houses linked with Ambedkar have been given respect and converted into memorials -- including the one in london. Pointing to BJP’s continuous efforts to work for the betterment of the community, the law Minister said the incumbent President of India is from a Dalit community. The law Minister said he has no idea what the Congress means by raising the issue of tampering of the Constitution.
Union Minister for Social Justice and Empowerment Thawar Chand Gehlot, hailing from the Dalit community, said the decision to file a review petition was taken around six days ago and dismissed suggestions that it was a belated step by the Centre.
In the lokSabha too, Union Parliamentary Affairs Minister Ananth Kumar referred to the Government filing a review petition and asserted that there should not be any atrocities against Dalits.
The Government’s decision to approach the top court in a review petition comes after the top court’s March 23 order raised concerns with regard to its effect on diluting the law meant to protect the marginalised.
In its ruling, the Supreme Court expressed concern over rampant misuse of the SC/ST Act and introduced the provision of anticipatory bail and directed that there would be no automatic arrest on any complaint filed under the law and a preliminary enquiry must be conducted by police within seven days before taking any action.
In its review petition, the Government is expected to argue that the court’s ruling would dilute the provisions of the law meant to protect the socially marginalised and the changes in the Act could lead to higher atrocities against Dalits and tribals.