DECCAN INQUIRER
Bi-Weekly e news paper
Editor: Nagaraja.M.R .. .. Vol.20 .......... Issue.65..……15/08/2024
Editorial : BAN Reservation to rich dalits
Basic tenet of our democratic governance and of our constitution is EQUALITY & EQUAL OPPORTUNITY to all Indian citizens.
Reservation policy 4was intended as a short term measure to correct historical injustice to dalits.
Basic principle of criminal justice stipulates you cann't hold a grandson liable for a murder committed by his grandfather a century ago and punish the grandson now.
In the name of correcting historical injustice to dalits , even after extending reservation benefits for 71 years , goverment is practicing apartheid policy. Government is forcefully suppressing a class of citizens so called forward caste people. This is against basic tenet of constitution of india.
These suppressed forward caste people are truly “ NEO-DALITS".
In a running race boys who have practiced hard for years are running in the race sincerely , meanwhile organisers of racers tweak the rules of the game to few participants, gives them motor bikes. Naturally boys on bikes will cross finishing line first than boys on legs. Finally organisers declare boys on bike who crossed finishing line first as the winner. This is exactly what government is doing since 70 years by reservation policy. Is it fair ? Is it not illegal, against constitution? Right way is instead of giving bikes to those boys running training must be given to them. Finally race must be on a level playing ground.
Do remember we are also citizens of india and we are also tax payers. With our money ( public money ) Since 70 years government is suppressing us in the name of forward caste. It is illegal , unconstitutional, violations of constitutional rights , violations of human rights.
We as citizens of india as tax payers has right to decide how our tax money is spent by government.
Hereby, we request Honourable supreme court of india:
1. To identify all citizens suppressed by government in the name of forward caste as “ NEO-DALITS”.
2. To legally punish the public servants who extended reservation policy for 70 years much against the wishes of constitution framers.
3. As a first step fix economic cut off point to separate creamy layers of dalits , OBCs , minorities from reservation benefits.
4. Second step keeping the same economic cut off point identify poor , needy in other castes also and extend the reservation benefits to them also on an equal footing.
5. Finally down the line scrap all caste based reservations instead income based affirmation policy must be brought in. Instead of declaring a person with low marks as passed, selected against many other talented , struggling persons, that low scoring person should be given free coaching facilities, free hostel, fee waiver, etc. But exam rules , selection rules must be same for all.
6. Still if goverment continues with it's crimes of suppressing neo dalits and if apex court also aids the goverment, both of them become criminals.
PIL – Ban Reservation to Rich Dalits
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2019
IN THE MATTER OF
NAGARAJA . M.R
editor , DALIT ONLINE ,
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
Honourable Chief Secretary , Government of Karnataka ,
Honourable Pricipal Cabinet Secretary , GOI & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Dalits & backward caste people have suffered innumerably for centuries at the hands of forward caste people. It was nothing but APARTHEID policy.
Muslims and other people whoes numbers were minor also suffered persecution.
Our constitutional framers to provide equal oppurtunity to all indian citizens gave certain transient measures like reservation in schools , college , jobs , etc to these persecuted people.
Now even after 71 years of independence & reservation , affirmative policies of government still many dalits , minorities are suffering. Creamy layers of dalits , muslims with political connections have over used , reservation benefits to the maximum denying their own dalit , muslim brothers , sisters of reservation benefits. Few well connected dalit families have over used reservation benefits multiple times , while many poor dalit families have not used reservation even once. Few Scheduled Tribe communities & other backward caste communities didn’t face any social boycott at all in the past. Some of those communities were actually rulers / royals. Still due to political connections now those few ST & few OBC communities are enjoying reservation . As a result few dalits , muslims have become well educated , rich while their poor brothers suffer in ghettos , slums.
In few dalit families both father & mother are in government service based on reservation , has taken fast promotion on reservation , both sons got education on reservation and even got government jobs on reservation. Still that family wants residential site under reservation quota , school seat for grandson under reservation , how is it justified ?
Reservation benefits are provided by public coffers – ie hard earned tax payer’s money belonging to all castes & religions. That money must be properly used to correct historical wrong. Reservation benefit must be given only once to a family , the family member who uses that benefit to get education & appointment reaches a stage of financial independence. In turn that family member must personally spend towards uplifting his other family members instead of relying on government support.
The castes & tribes which didn’t face any social ostracism but enjoying ST & OBC benefits by political connections must be removed from those categories. The poor among those castes & communities must be given financial support for education , self employment , etc based on economic criteria. In this way reservation fund will be preserved & that saved money can be used for other poor SC / ST / OBC / Minority families. So that all SC / ST / OBC / Minority family will come up fast in society.
Private sector which enjoys loans , subsidies , other benefits from government , public banks are not bound by reservation policy , are not bound by social obligation to provide reservation to dalits & muslims.
Successive governments are indirectly segregating people with new names & using them as vote banks. Affirmative actions of government are creating inequalities in society, while constitution of india mandates to treat all citizens as equals.
Basic tenet of our democratic governance and of our constitution is EQUALITY & EQUAL OPPORTUNITY to all Indian citizens.
Reservation policy 4was intended as a short term measure to correct historical injustice to dalits.
Basic principle of criminal justice stipulates you cann't hold a grandson liable for a murder committed by his grandfather a century ago and punish the grandson now.
In the name of correcting historical injustice to dalits , even after extending reservation benefits for 71 years , goverment is practicing apartheid policy. Government is forcefully suppressing a class of citizens so called forward caste people. This is against basic tenet of constitution of india.
These suppressed forward caste people are truly “ NEO-DALITS".
In a running race boys who have practiced hard for years are running in the race sincerely , meanwhile organisers of racers tweak the rules of the game to few participants, gives them motor bikes. Naturally boys on bikes will cross finishing line first than boys on legs. Finally organisers declare boys on bike who crossed finishing line first as the winner. This is exactly what government is doing since 70 years by reservation policy. Is it fair ? Is it not illegal, against constitution?
Right way is instead of giving bikes to those boys running training must be given to them. Finally race must be on a level playing ground.
Do remember we are also citizens of india and we are also tax payers. With our money ( public money ) Since 70 years government is suppressing us in the name of forward caste. It is illegal , unconstitutional, violations of constitutional rights , violations of human rights.
We as citizens of india as tax payers has right to decide how our tax money is spent by government.
2. Question(s) of Law:
Why not LIMIT reservation only once to a family that too only one family member ? Why NOT limit reservation to only poor among SC / ST / OBC / Minorities ?
3. Grounds:
Request for proper use of reservation funds to needy.
4. Averment:
.
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to limit reservation benefit only to needy among SC / ST / OBC / Minorities.
b. to give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc only once , only one benefit that too to only one family member. This avoids a single dalit with political connections using multiple reservation benefits and same family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring up his other family members. This way reservation benefit will reach other poor dalit families who have not received a single reservation policy benefit.
c. to order government to stop appeasing one minority community by subsidized pilgrimage , marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to bring oppressed on par with forward caste people towards a dignified life but never to put them above others crushing , oppressing poor forward caste people. This goes against constitution & creates new way of APARTHEID & new outcasts.
e. to order government to enforce reservation policy in job , school seats , to private sector also.
f. To extend financial aid , educational aid benefits on par with SC / ST / OBC / Minorities to all economically weak weak people irrespective of their castes , religions.
.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to legally enforce Uniform Civil Code.
b. to give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc only once , only one benefit that too to only one family member. This avoids a single dalit with political connections using multiple reservation benefits and same family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring up his other family members. This way reservation benefit will reach other poor dalit families who have not received a single reservation policy benefit.
c. to order government to stop appeasing one minority community by subsidized pilgrimage , marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to bring oppressed on par with forward caste people towards a dignified life but never to put them above others crushing , oppressing poor forward caste people. This goes against constitution & creates new way of APARTHEID & new outcasts.
e. to order government to enforce reservation policy in job , school seats , to private sector also.
f. To extend financial aid , educational aid benefits on par with SC / ST / OBC / Minorities to all economically weak people irrespective of their castes , religions.
g. to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
Hereby, we request Honourable supreme court of india:
1. To identify all citizens suppressed by government in the name of forward caste as “ NEO-DALITS”.
2. To legally punish the public servants who extended reservation policy for 70 years much against the wishes of constitution framers.
3. As a first step fix economic cut off point to separate creamy layers of dalits , OBCs , minorities from reservation benefits.
4. Second step keeping the same economic cut off point identify poor , needy in other castes also and extend the reservation benefits to them also on an equal footing.
5. Finally down the line scrap all caste based reservations instead income based affirmation policy must be brought in. Instead of declaring a person with low marks as passed, selected against many other talented , struggling persons, that low scoring person should be given free coaching facilities, free hostel, fee waiver, etc. But exam rules , selection rules must be same for all.
6. Still if goverment continues with it's crimes of suppressing neo dalits and if apex court also aids the goverment, both of them become criminals.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 11.01.2019.. ………………..FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
CRIMES BY DALITS
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RTI request to CPIO Ministry of Home Affairs GOI New Delhi
Ref : RTI no. MHOME/R/E/24/01003
We respect every human being equally irrespective of caste, religion , region , skin colour , gender , etc. All of us have human rights of equality by virtue of our birth. No government, no Constitution , no ambedkar, nobody can take away those human rights. Those who violate our human rights are criminals.
Dalits faced caste discrimination is true. They need government support for their upliftment good , needed. But not at the cost of others. Our Constitution, government is feeding a dalit child by snatching away meal plate from General merit child. GM child is going hungry. Caste discrimination is bad , punishable. But what about reverse discrimination, punishment ?
Please give us information regarding following :
Details of protests , satyagrahas , marches Dr.B.R.Ambedkar participated during India's freedom struggle , details of his incarceration if at all.
Details of dalits who participated in india's freedom struggle. Give us number of dalit freedom fighters and number of dalit population at that time.
Details of british government service done by dr.b.r.ambedkar.
Details of action taken by government of india , government of maharashtra and Union law minister at that time dr.b.r.ambedkar regarding mass murder of brahmins , brahmins holocaust in maharashtra after assassination of mahatma Gandhi.
Calling a dalit by caste name, making casteist comments is a criminal offence and offender is punished. In the same way dalits call brahmins and others by caste slur , make casteist comments against brahmins and others , details of action taken against such dalits. See the tweets , replies of following dalit twitter handles and respond
@DalitWithIphone
@BeingVidhya
@_amitbehere
@lokeshbag67
@AAPEyes
@ambedkariteIND
@BeingVidhya
@BhanuNand
@BhimArmyChief
@CasteTraitor
@DalitWithIphone
@redhead47617292
@ambedkariteIND
@thaiyaan
@thewarriorpoet7
Caste discrimination of dalit is a crime , details of action taken regarding reverse caste discrimination of brahmins and others by dalits , government.
Details of action taken against criminal dalits who made fake sc st atrocity cases against innocents.
Details of action taken against dalit thugs shown in the websites about dalit crimes mentioned at bottom of the page.
Details of action taken against late E.V.Ramasamy alias periyar for his casteist slur , atrocities against brahmins and others.
Details of action taken against tamil nadu minister udhayanidhi stalin , dmk spokes person rajiv gandhi , karnataka ministers Priyanka kharge , parameshwar for their casteist slur , comments against hindus.
Details of action taken against dmk party personnel , mlas , mps ministers who aided , sponsored tamil terrorists in srilanka.
In sc st atrocity cases , victims receive compensation from government. In fake atrocity cases does the innocent who was framed by dalit get equal amount of compensation.
In india in every nook and corner there is either bust , statue , photo of ambedkar , many roads , land Mark's named after him. His birthday is a government holiday and officially celebrated by government. All these at tax payer's expense. Fine. There are numerous other freedom fighters who sacrificed more for the country than ambedkar like subhash chandra bose , bhagath singh , sardar Patel, maulana azad , lala Lajpat rai , etc. But no government holidays for their birth days , comparatively their celebrations are not grand , naming roads , land Mark's in their names is less , statues , busts , photos of them are quite less in number than Ambedkar's. Give us details of criteria , parameters followed by government for declaring holiday , naming land Mark's, erecting statues , etc. Reasons for disparity.
Websites about dalit crimes :
All dalits are not oppressed , innocents as portrayed in the movies , tv serials and media. There are few good human beings among dalits. Also there are criminals , rowdies among dalits. Dalit rowdies oppress others , there are corrupt dalit officials. Please see the following websites and take action against dalit criminals.
“Law Should Not Result In Caste Hatred”
Allahabad HC Imposes ₹5 Lakh Cost On University Teacher For False Case Under SC/ST Act
Physical assault and Fake SC ST Atrocity Case
DaIit BSP leader slapped a Brahmin doctor on camera and later booked him under the SC ST act. He was beaten pre-planned by the local leader so that they could humiliate him. The BSP leader is identified as JITU JAKESIA the district president of BSP, Rayagada district. This is how they are beating on duty doctors and putting false cases for money. No one is supporting the doctor was was attacked by these men. An incident from Orissa.
https://twitter.com/Shubham_fd/status/1761015945139503450?t=oeaQTYzvt4hkaWA9PbB74Q&s=19
Caste Discrimination by University
Very true!
There are special book-banks & library rules for reserved category students!
E.g. These book-banks have
-exclusive access to only SC/ST/BC students
-they can borrow more books
-they can keep books for longer duration
-no need to pay fine, etc!
Irony?
--That's the govt's way of removing "caste-discrimination"!
https://twitter.com/neha2180/status/1761309509107196299?t=2NRRdir7HadKeudG2dgjbQ&s=19
Take action against Anti national dravidian
https://twitter.com/MrSinha_/status/1760925905759928384?t=Sr6So2Z4k4pJU9JFvJciNw&s=19
Dalit thugs attack a boy
https://twitter.com/ShubhamFdNP/status/1759973817860935874?t=BgmwJZEJCtiqC0bVsSNQTQ&s=19
Rape of dalit girl by her father
https://twitter.com/neha2180/status/1759238046510391712?t=QBawCqGch0d4K-5UcQ-ztA&s=19
Dalit hooligans
https://twitter.com/Shubham_fd/status/1751277918242640265?t=R--Cux3ou8-ti7aVLkZjgQ&s=19
Dalit murderers burn house
https://twitter.com/naag549/status/1759057446289781227?t=8T3sTQX2gt7KGruPaChRAA&s=19
Dalit thugs torture student
https://twitter.com/naag549/status/1759056505717084367?t=3rMgXgOLbd1g7Ym9gXAUwQ&s=19
Murder of a priest
https://twitter.com/Shubham_fd/status/1753412144463548563?t=MiMSsd6K4qOiNQUTSJiNfw&s=19
False Case by SC tenant
https://twitter.com/neha2180/status/1760712408543416440?t=zIYVG6BBmpl5Fs7LiKZfxA&s=19
Caste discrimination
https://twitter.com/neha2180/status/1760525017056743651?s=19
https://twitter.com/neha2180/status/1760527487912784214?t=3-SIrKyNJXmrehgZGpFZjw&s=19
Fake dalit rape case
3 kids (even an 8 yr old child) booked under gang-rape charges under SC/ST act!
Reason??
Monetary compensation by government for gang-rape charges under SC/ST act = ₹8.25 Lakh
https://twitter.com/neha2180/status/1758862881590825269?t=ziFp-XKBDrzEZ1DzzXGDjA&s=19
Fake Sc st atrocity case
https://twitter.com/Shubham_fd/status/1611389634927550465?t=Hg1xYxECWqEHS4drAZrfYg&s=19
Crimes by Dalits , Fake Atrocity Cases
Biased ambedkar laws. Justice ? SHAME SHAME.
https://twitter.com/Shubham_fd/status/1753412144463548563?t=G0tKyIsCGnKzV8zW6_J7gQ&s=19
https://twitter.com/Shubham_fd/status/1758855728251462093?t=H-P15CSRceYJ58LYwmQrIg&s=19
https://twitter.com/nabilajamal_/status/1751108718643831256?t=EHfwRwUxEmtJLaJS3UVGEg&s=19
https://twitter.com/neha2180/status/1758862881590825269?t=v2grIz695KRSZPY1VCqLpg&s=19
https://twitter.com/Shubham_fd/status/1757667297055912105?t=RC1eEvrMq8lkTyXs_OBM8A&s=19
https://twitter.com/Shubham_fd/status/1758855728251462093?t=jA1V6OK4XI-FN9p1APCySQ&s=19
CBI busts gang that lodged false SC/ST Act complaints to extort money: UP
September 15, 2022
The CBI has busted a gang that used to file false rape and criminal cases under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act to blackmail people for extorting money in Prayagraj.
The probe was initiated after the Allahabad high court, last month, directed the investigation agency to conduct a preliminary inquiry into the gang, which is lodging fake cases against innocent people.
Most of these cases are registered at Mauaima police station in the trans-Ganga region of the district.
Orders were issued for investigation of 51 cases of rape and SC/ST Act on the PIL of a high court lawyer.
Among the total cases, 36 are registered at Mauaima police station while others are lodged at other police stations of the district.
The CBI team reached Prayagraj with a list of 51 cases registered at Mauaima, Kydganj, Shivkuti, Baharia, Colonelganj, Phaphamau and Daraganj police stations.
Police officials at Mauaima police station said the CBI officials were provided with copies of 24 FIRs lodged here.
The Phapahmau police also handed over a copy of FIR to the CBI in connection with a case of gang rape.
The CBI officials will now meet the victims in the cases registered at different police stations and take their statements, informed a senior district police official.
In one such case, a woman had lodged a case of gang rape against two lawyers at Daraganj police station earlier this year.
She claimed that the two lawyers had gang-raped her minor daughter in their car. However, during police investigations, it came to fore that the duo was falsely implicated and the victim herself was unaware that her mother had lodged an FIR for an alleged crime committed against her.
The two lawyers accused of gang-rape, approached the high court and filed a PIL. They claimed that a gang active in the district was involved in implicating innocent people in fake cases of rape, SC/ST Act, etc with intention of extorting money from them.
In response to their PIL, the HC asked the CBI to initiate inquiry in 51 such cases lodged at Mauaima and other police stations of the district.
In another such case lodged at Mauaima police station in 2021, a woman had lodged a case of gang-rape against five people of her village. However, the woman later changed her statement and no action was taken against the accused. The police had submitted a final report in the case.
A senior police official said the CBI team has been provided with the copies of FIRs of the cases mentioned in the order of the high court. The cases include rape, gang rape, those under SC/ST Act and even of minor assaults registered at some of the police stations, he added.
Both casteism and reverse casteism ? must go
The Supreme Court has not rendered the SC/ST Act toothless. Rather, it’s welcome ruling against the law’s misuse ensures its �teeth� do not bite the innocent.
By Sudheendra Kulkarni
Indians have a tendency to look at a social problem only from one angle, an angle we have grown used to or conforms to our beliefs and biases. Social issues, however, do not lend themselves to such unidirectional understanding; they are often complex in their causes and manifestations. While some facts may be easily visible from one angle, facts of contrary significance can also be seen if we care to look at the issue from a different perspective. It is necessary to understand deep-rooted social issues in an integral manner.
One such big Indian problem that calls for a holistic understanding is casteism�in particular, the injustice and discrimination that people belonging to the scheduled castes and tribes are subjected to by the so-called �upper castes�. Atrocities against the SC and ST communities are an undeniable reality and a shameful blot on Hindu society. Such behaviour cannot continue or be condoned in a civilised society. The guilty must be punished in a swift and deterrent way.
The Indian constitution has strong provisions (such as Article 17, which criminalises untouchability) to protect members of the SC and ST communities and other weaker sections of society. In 1989, the Rajiv Gandhi government introduced a new and stronger legislation, the SC/ST (Prevention of Atrocities) Act.
But is there also another side to this reality? Is the Act being misused, to a considerable extent, against innocents belonging to the non-SC castes? And if this too is a reality, shouldn�t the victims of such wilful misuse get protection under Article 14 of the constitution (�The State shall not deny to any person equality before the law and equal protection of laws�)? Our constitution guarantees this fundamental right to every citizen, irrespective of caste, creed, gender or language.
Modi government filed the review petition to show it is not �anti-Dalit�
Sadly, when the Supreme Court took cognisance of this reality in its ruling on March 20, and introduced certain guidelines to prevent misuse of the Act, all hell, proverbially, broke loose. All political parties, ruling and opposition, came together to slam the apex court�s verdict. Feeling the heat of the allegation that it is �anti-Dalit�, the Narendra Modi government quickly filed a review petition. Nothing better was expected from the BJP, which is allowing expediency to trump over principles at a frightening rate. Alarm bells are already ringing for the ruling party, even though the 2019 Lok Sabha polls are a year away. Who wants to lose a vote bank?
However, even after the government announced its decision to file the review petition, certain �Dalit� groups organised a �Bharat bandh� on April 2 to protest against the court�s ruling. Nine people were killed, and valuable public-property was damaged, in angry protests in many states.
This show of vandalism masquerading as a cry for �social justice� did not impress the Supreme Court, which rightly decided not to accept the government�s plea for a stay on its ruling. The court will, however, hear the review petition soon.
Provoked by the agitation by �Dalits�, some �upper caste� organisations gave a call for their own �Bharat bandh� on April 10. Barring some stray incidents in some north Indian states, their protest was a damp squib. Nevertheless, their demand�that reservations should be based on economic criteria and not on caste�is sure to become more vocal in the years to come.
It is unfortunate that political parties, and also a large section of the print and TV media, have not bothered to examine the merits of the Supreme Court�s ruling. The merit is self-evident to all unprejudiced and justice-loving observers. Has the court ruled that the Act be scrapped? No.
Has it rendered it �toothless�, and made it ineffective, as has been argued by all �Dalit� intellectuals and leaders? No. All that it has done is to ensure that the �teeth� of the law do not bite innocent people and, no less important, the flaws in the law do not �perpetuate casteism� in Indian society. It has done so by (a) affirming that it cannot remain �a mute spectator when the law is being misused to frame innocents in criminal cases�; and (b) laying down stringent guidelines (�no automatic arrest�) to prevent its misuse.
Critics of the Supreme Court�s ruling, who claim that misuse of the Act is an �exception�, ignore inconvenient facts. The court itself referred to the National Crime Records Bureau (NCRB) data for 2015, which shows that about 15% of the total complaints were false, and 75% of the cases resulted in acquittals or withdrawals.
Supporters of �Dalit� protests ignore inconvenient facts
Here is a highly inconvenient fact for �Dalit� agitators and their supporters. As reported by The Times of India on April 4, none other than Mayawati�s own government in UP had, in 2007, issued two orders highlighting that �the Atrocities Act was being misused to implicate innocents�. Thus, the government of the most important �Dalit� leader in India had asked the state police to do exactly what the Supreme Court has said in its ruling�not to arrest anyone merely on the basis of a complaint, but to first conduct an initial probe to find out prima facie guilt.
Another inconvenient fact: when mammoth, but entirely peaceful, �Maratha Kranti Morcha� rallies took place in almost every town and city in Maharashtra a year ago, their first demand was to scrap the Act. Why? Because of an incident involving the gangrape and murder of a minor Maratha girl. An isolated instance in a single village could not have brought lakhs of protesters on the streets. Notably, Sharad Pawar and Raj Thackeray, two important political leaders from Maharashtra, publicly said that the Act should be modified to prevent its misuse.
As someone who has been cataloguing actual, verifiable cases of misuse of the Act, let me present a sample here of how innocent victims suffer fear, humiliation and harassment.
In 2014, a case was registered against Dr T.P. Lahane, a reputed eye surgeon and dean of the government-run J.J. Hospital in Mumbai. Although he himself belongs to a nomadic tribe, a sweeper working in the hospital accused him of making a ‘casteist’ slur. After three years, he was acquitted by the trial court.
The Parle Tilak Vidyalaya Association runs some of the best colleges in Mumbai. It was established about 100 years ago by the followers of Lokmanya Tilak after his death. A former principal of one of its institutions, Dahanukar College, was falsely implicated in a case under the Act. It took 15 long years for him to be exonerated.
An ex-principal of Mumbai’s Sathaye College has been a victim of not one but two cases under the Act. In 2006, she issued several memos to a lab assistant for dereliction of duty and undisciplined behavior. He filed a case accusing her of making a �casteist� remark. The case, which ran for three years, ended with her acquittal. In another case in 2015, she was accused of �stealing� the fees from SC-OBC students. Fearing arrest, she had to avoid staying in her own house before getting anticipatory bail. Curiously, the government official who made the accusation has not appeared in court even once so far, nor furnished any evidence, although she has had to appear many appearances. She is sure of being acquitted, but none will be penalised for wrongfully using the Act against her.
M.P. Sadekar, a 78-year-old advocate (one of the founder-members of the Shiv Sena) has acted as an independent enquiry officer in many such cases. He introduced me to the persons who suffered in four of them. In one, a college lecturer, a habitual drunkard, fell in the classroom under the influence of alcohol. In another, a clerk had embezzled college funds. In a third, a teacher in a school for the deaf was suspended for physical assault on a student. In a fourth, an attendant in an engineering college was caught red-handed in a corrupt act. In all these cases, the Act was invoked when the authorities initiated disciplinary action. In each of them, the accusation was the same: use of casteist remarks. Each of them fell through. Such cases abound all over India, including many involving blackmail.
Sadly, reverse casteism�the phenomenon of some people belonging to SCs behaving in a casteist manner with those belonging to �upper castes� by abusing the protection given by the Act�is something rarely investigated by the media, studied impartially by academics, and highlighted by politicians. Doing so carries the risk of being branded �anti-Dalit�.
Critics of the Supreme Court ruling are pointing out that the conviction rate in the cases under the Act is very low. They are right in saying so. However, low rates of conviction do not justify wilful misuse of a law. Moreover, if complaints do not conclude in convictions, the responsibility lies with the executive, which has to improve the efficiency, sensitivity, and impartiality of the police. The higher executive cannot transfer its responsibility onto the higher judiciary.
Therefore, the Supreme Court would be failing the enlightened Indian constitution if it entertained the government�s review petition and withdrew its own welcome ruling.
Kerala HC cautions courts against false cases under SC/ST Prevention of Atrocities Act
The Kerala High Court the other day observed that many innocent persons are becoming victims of false cases under the SC/ST Prevention Of Atrocities (POA) Act and urged courts to carefully analyse cases that come under this Act while considering pleas for anticipatory bail, in order to rule out the possibility of false implication.
A single bench of Justice A Badhurudeen, while considering an application seeking anticipatory bail, said it was a shocking fact that many innocent persons are victims of false implications and, therefore, courts must pay great attention to the details when it comes to cases under the SC/ST (POA) Act.
“It is shocking, rather a mind blowing fact that many innocent persons are victims of false implication under the SC/ST (POA) Act. Therefore, it is the need of the hour for the courts to segregate the grain from the chaff by analysing the genesis of the case, the antecedents prior to registration of the crime, with reference to existence of animosity between the complainant and the accused, with particular attention, vis-a-vis previous disputes/cases/ complaints, etc. while considering the question of prima facie case, when considering plea for pre-arrest bail,” the court said.
Stating that it cannot be disputed that the stringent provisions of the SC/ST (POA) Act have been incorporated to curb the menace of atrocities against members of SC/ST communities, Justice Badhurudeen said the court must go into the genesis of the cases to rule out the possibility of ulterior motives in filing complaints under the Act.
“…. in such cases, the court could very well hold that prima facie, the prosecution allegations could not be believed for the purpose of denying anticipatory bail, after leaving the question as to commission of offence/offences for a detailed and fair investigation by the Investigating Officer. Indubitably, such a course of action is necessary to rule out the possibility of false implication,” the court said.
The court made these observations in the order granting pre –arrest bail to the accused appellant, who moved the High Court against the order of a Special Judge under the SC/ST (POA) Act that refused to grant anticipatory bail to the appellant.
75% Acquittals In SC/ST Act: HC Bar Association
BHOPAL: MP High Court Bar Association has said 75% of cases registered under the Prevention of Atrocities against SC/ST Act were fake.
Releasing results of a survey carried out by the association, its president Adarsh Muni Trivedi said the survey also showed that 81% cases under SC/ST Atrocities Act were registered against persons from OBC section, 14% upper castes and 5 percent minorities sections.
He said cases under SC/ST Atrocities Act presented in three benches of MP high court and district courts in 2015-16 were included in the survey. It was found that 90% complaints on which cases under the said Act were registered came from those belonging to SCs and only 10% STs had filed FIR for registration of case under the Act. In 75% of cases, the accused were acquitted by the court, he claimed Trivedi said the survey clearly shows provisions of Prevention of Atrocities against SC/ST Act were being misused and safeguards inserted by SC to check it were necessary.
SC/ST Act Cannot Be Used for Blackmail or Vendetta, Says Supreme Court
On Tuesday the top court issued a range of fresh rules, including prior sanction for arrest, to prevent the Act’s misuse.
The Supreme Court on Tuesday ( March 20 2018 ) laid down strict guidelines to protect public servants and private employees from arbitrary arrest under the 1989 Scheduled Castes and Tribes (Prevention of Atrocities) Act.
The Atrocities Act, in operation for three decades, protects members of SC/ST communities from casteist abuse and discrimination. In a strong indictment of continued misuse of the Act, the court observed in its judgment that the legislation has become an instrument to “blackmail” innocent citizens and public servants.
Under the new guidelines, public servants can be arrested only after getting written sanction from their appointing authority. In case of private employees, the complainant has to get permission from the senior superintendent of police. The reasons for allowing the arrest have to be given in writing and submitted to the accused and the concerned court.
In addition, a preliminary inquiry has to take place before filing an FIR. The new guidelines require the investigating agencies to ascertain whether the case falls under the ambit of the Atrocities Act or whether it is driven by political and personal reasons.
To avoid false implication of an innocent, 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,” ruled a bench of Justices A.K. Goel and U.U. Lalit.
The judgment came in response to a petition filed by Subhash Kashinath Mahajan, Maharashtra’s director of technical education, challenging an order of the Bombay high court. The court had rejected Mahajan’s plea contesting an FIR against him for disallowing prosecution of a department official. The official had been charged with making adverse remarks against an employee.
Quashing the case, the apex court, said the proceedings were a “clear abuse of process of court”. The bench observed that there has been a systematic abuse of the law for over three decades.
Quoting the judgment, a report in the Indian Express said, “It has been judicially acknowledged that there are instances of abuse of the Act by vested interests against political opponents in panchayat, municipal or other elections, to settle private civil disputes arising out of property, monetary disputes, employment disputes and seniority disputes. It may be noticed that by way of rampant misuse, complaints are largely being filed particularly against public servants/ quasi judicial/ judicial officers with oblique motive for satisfaction of vested interests.”
The bench made it clear that the Atrocities Act was never intended to be used as a tool for blackmail or personal vendetta. It also observed that rather than blur caste lines, the Act has been “used to file false complaints to promote caste hatred”, according to The Hindu.
While the 1989 Act denies bail to the accused, the apex court has now decided to permit anticipatory bail where there is no prima facie case. “Unless exclusion of anticipatory bail is limited to genuine cases… there will be no protection available to innocent citizens,” said the bench.
The court cited National Crimes Records Bureau (data from 2015, revealing that while closure reports had been filed in 15-16% of complaints under the Act, over 75 % of court cases had led to acquittals, withdrawals or compounding of all cases.
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