Bharat Bandh: Dalit protest peak over SC/ST Act

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Why Dalit’s called a Bharat Bandh?

 

Chaos reigned across many states in India on Monday (2 April) as Dalit organization called for a Bharat Bandh. With nine people dead in individual acts of violence, six in Madhya Pradesh alone, the Army had to be called in various states to control the situation. In Punjab, Class 10 and Class 12 examinations had to be called off owing to the protests, while scattered instances of rioting were also reported.

What is the Scheduled Castes and Scheduled Tribes Act of 1989?


https://tribal.nic.in/actRules/SCSTpoaact1989.pdf

To eliminate the prevalent discrimination against the Scheduled Castes (SCs) and Scheduled Tribes (STs) across India, the Untouchability (Offences) Act, 1955, was passed a few years after independence. Renamed as the Protection of Civil Rights Act in 1976, it was further amended in 1989 as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The idea behind the amendment of 1989 was to make the law more stringent in cases where SCs and STs had been discriminated, abused, harassed, or humiliated, or tormented in any other way.

Dr Subhash Kashinath Mahajan v/s The State of Maharashtra



In Dr Subhash Kashinath Mahajan v/s The State of Maharashtra, the Supreme Court was hearing Mahajan’s petition filed against an order of the Bombay High Court dated 5 May 2017. Dr Mahajan, serving as the technical director of education in Maharashtra, was accused by a junior in the same department under the Prevention of Atrocities Act for passing casteist remarks. In its order, the Bombay High Court refused to quash the first information report (FIR) against Dr Mahajan. 

What did the recent Supreme Court ruling on the SC/ST Act say?

Taking note of misuse of the SC/ST Act, the Supreme Court said that if no prima facie case is made, then anticipatory bail must be granted. The Supreme Court banned automatic arrests and registration of criminal cases under the SC/ST Act and said that permission of senior superintendent was needed for an arrest. The Supreme Court said that a government official can be booked in cases lodged under the SC/ST Act only after approval of the nodal officer.


Why are Dalit organizations not happy with the Supreme Court's ruling?

Dalit organizations have argued that the Supreme Court's ruling on the SC/ST Act has made the law toothless as the powers of arrest have been seriously curtailed. The judgment, many argue, seeks to do away with the intention behind the law, which is to protect the marginalized communities against discrimination

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