A. Special Correspondent The Telegraph writes from New Delhi: as follows in its
issue of Saturday, Mar 23, 2018 under the caption- Govt caught in Dalit dilemma:
Dalit ministers Ram Vilas Paswan and Ramdas Athawale on Thursday asked the government to seek a review of the Supreme Court order diluting the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, putting the Centre in a fix amid conflicting voices from within.
The government refused to commit for the second successive day, saying it would come
up with a “structured response”. The top court had on Tuesday said competent authorities would have to give their sanction before public servants and other citizens could be arrested under the law.So far, complaints filed under the law normally led to immediate arrest as one of the act’s provisions barred courts from granting anticipatory bail.
Paswan and Athawale, both allies of the BJP, called for a review. “The government should file a review petition before the Supreme Court. The judgment has angered SCs and STs.Dilution of the stringent provisions would lead to widespread atrocities against the already weaker sections,” Paswan, consumer affairs minister who heads the Bihar-based Lok Janshakti Party, said.
….”I met Amit Shahji and in my presence he called up Law minister Ravi Shankar Prasad
and asked him to read the judgment and file a review petition in the Supreme Court,”
Athawale said. He acknowledged that the law had at times been misused but said Dalits could not be left unprotected.
The government refrained from making any commitment. “We will make a detailed study and after that the government and the party will come up with a structured response,” Law minister Prasad said, repeating what he had said on Wednesday.
The dilemma was apparent. Some voices from the BJP’s loyal upper-caste support base
and even some backward sections have welcomed the judgment.
“In rural areas, there is rampant misuse of the stringent provisions. It’s not proper
that a person gets arrested under the SC/ST Act without any inquiry. The judgment seems to have taken note of the misuse,” BJP MP Bhairon Prasad Mishra said.
But Dalit MPs, including Social Justice minister T.C. Gehlot, are learnt to have put pressure on the party to move the court for a review. Off the record, party leaders said they were worried that heartland outfits like Mayawati’s BSP and Akhilesh Yadav’s Samajwadi Party could use the judgment to paint the BJP as anti-Dalit.
The Uttar Pradesh twins had earlier this month joined hands to defeat the BJP in two
key parliamentary bypolls. The Congress has already accused the government of not arguing in the court properly, blaming it on the Rashtriya Swayamsevak Sangh’s anti-Dalit disposition.
BJP leaders said they couldn’t afford to be seen as anti-Dalit at a time the parivar has been trying to bring the Dalits into the Hindutva fold. “We are considering all the ramifications and most likely the government will file a review petition,” one minister said.
“The Modi government is committed to protecting the poor, Dalits and backwards and
we will not do anything that goes against these sections.”
B. PTI reports on Apr 15, 2018, under the caption “SC/ST Act verdict: Centre
considering various options, including ordinance” from New Delhi, as follows :
There is a need to overturn the Supreme Court order laying down fresh guidelines on arrest of those accused of committing atrocities against SC and ST communities, the government feels, and bringing an ordinance to restore the original provisions of the SC/ST (Prevention of Atrocities) Act is one of the options being considered.
Prime Minister Narendra Modi on Friday asserted his government will not let the law to
prevent atrocities on SCs and STs to be diluted. “I want to assure the nation that the
law which has been made stringent by us will not be allowed to be affected (by the SC
order)…,” he had said.
The apex court had laid down new guidelines for police officers on how to ensure that innocent people, especially public officials, are protected from false complaints under the act.In a written submission filed before the top court on Friday, the Centre said the verdict on the SC/ST Act has “diluted” its stringent provisions, resulting in “great damage” to the country by causing anger and a sense of disharmony among the people.
The stand of the government came a week after the apex court refused to keep in
abeyance its verdict, saying those agitating against its order putting in place certain
safeguards on arrests under the 1989 Scheduled Castes and Tribes (Prevention
of Atrocities) Act, may not have read the judgement or could have been misled by
The written submissions filed by Attorney General K K Venugopal said, “This judgement
has diluted, for the reasons stated, the provisions of the Atrocities Act read with the Code of Criminal Procedure, 1973, resulting in great damage to the country”.
C. PTI reports from New Delhi on May 3, 2018, that rejecting the Centre’s plea for a stay
on its verdict, the Supreme Court has said that “this judgement cannot be blamed for the loss of lives. We are hundred percent for the protection of rights of SC/ST community. Those who took law in their hands should be punished in accordance with law. Those at fault need to be punished”. (The Statesman, 4.5.2018)
1. The verdict against the SC/ST fuelling anger, has extended opportunity to the cunning
opposition to put the entire blame on BJP…No wonder the opposition was getting restless to impeach the honest CJI.
The above report and discussion centring issues of ensuring justice and removing caste
disparity and discrimination appears to be predominantly driven by political considerations instead of a benign commitment to extend humane justice to every citizen of the country.
The history of fuelling caste politics traces back its origin to the policy of caste based and religion based reservation depending on their respective population introduced by the British in 1932.
The poisonous seedling of caste and religious divide planted by the British is now a full grown tree spreading the canker of constant conflict and hatred rendering the Indian society strife torn and in disarray.
2. “The legal origin of Reservation policy in India began with the Government of India Act, 1919 which came during the turbulent period of World War I. This was followed by the controversial Simon Commission in 1927 to scrunize the Montague-Chelmsford reforms. To stamp and scrutinize the report of Simon Commission and the reforms proposed by them and how to incorporate them into Constitution, a Round Table Conference was convened in London in 1931 which was chaired by Prime Minister Ramsay Macdonald. There were many delegates from various interest groups.
There were appeals for separate electorate from B.R. Ambedkar, Sri M.K.Gandhi strongly
opposed the appeal for separate electorate for depressed classes and because of this strong opposition the issue of minority remained unresolved in the conference.
After this the Communal Award and the Poona Pact of 1932 came into force wherein
the Prime Minister Macdonald announced the communal award where the separate
representations were to be provided to Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans and Dalits. Depressed classes’ were assigned a number of seats that were to be filled by election from special constituencies in which voters belonging to the depressed classes could only vote.
The award brought in criticism from Mr. M.K. Gandhi but was strongly supported by Dr. BR Ambedkar and other minority groups. As a result of the hunger strike by Mr. M.K. Gandhi and widespread revolt against the award, the Poona Pact of 1932 came into being which brought in a single general electorate for each of the seats of British India and new Central Legislatures. The stamping of the provisions of Poona Pact, 1932 were done in The Government of India Act of 1935 where reservation of seats for depressed classes was allotted. This was the scenario before the independence of India.” (All About Reservation Policy In India, By- Guest Post March 9, 2016)
3. The Indian Varna Vyavastha which considers that birth is not merely an accident
but is regulated by Law of Karma and based on Guna and Sanskar, defining division of labour for each, in the society, was shown by the British in bad light, as discriminatory and identical to their class difference based on economic parity. As per Indian Census figures of 1901, the richest castes in Bengal were Saha, Shunri, Kolu, Teli, Suvarnakaar and Suvarna Banik—all categorised as depressed castes. In pursuance to Act 1935, stipends were offered to students who belonged to depressed castes. This was also continued after independence. Shri Atal Bihari Vajpayee as Prime Minister, tried to bring
in necessary modifications in the Act to also extend the benefit to the economically
backward section amongst the upper caste, who were really hard pressed. This was
vehemently objected to by the then Congress M.P. Jayanti Natarajan and could not be passed without Constitutional Amendment. On the other hand, considering the vote bank the Govt. under the present dispensation are considering raising the upper limit of the creamy layer beyond Rs. Eight lacs per annum to continue to support the scheduled
castes and scheduled tribes who are not so poor. Providing dole for prolonged period to
support the SC/ ST class, particularly those who still are not so economically poor, is rather having a negative effect on the entire society, also affecting the psyche of the deprived nonSC/ST poor and destitute. Caste Reservations are also having negative effect on the quality of performance in Medical and allied professions which concern human health and safety and require high level of merit.
Reservation in Govt. jobs, seats in educational institutions and various other sectors
are made on the basis of caste (by birth) for scheduled castes and scheduled tribes.Promotional dividends are also guaranteed at the cost of work efficiency, educational qualification and other standard quality parameters. This has gradually caused decline in service quality and efficiency in almost every sphere of governance including education, railways, judiciary, health sector, technology etc. and opened the gateway of horrid corruption in other sectors as well. A holistic approach for the development and upliftment f all youngsters, irrespective of caste and community, is a sine-qua-non for achieving peace and prosperity in the society.
4. Bhimrao Ramji Ambedkar famous for his contribution in giving shape to Indian Constitution had also remarked that the issue of caste based reservation should
be reviewed in the Parliament after ten years. But, this was never done.
The subsequent Congress Govt. of India failed to see through the ulterior British motive to divide and weaken the Hindu society with divisive plans based on religion and caste (misinterpreted on their own malady of class division based on money and power supremacy and not the Laws of Karma) and continued to pursue the same to
derive political and electoral benefit. Instead of trying to impart proper education to enhance professional and technical competence in arts, culture on scientific lines with spiritual and devotional upliftment to help develop them in perfect human beings, various interventions are being made to make them conscious only for rights
forgetful of their responsibility to gain excellence through service to the motherland and the society at large. Modern education to the exclusion of spiritual lessons for character building only pampers greed, aggravates false sense of ego and selfishness most detrimental to one’s peace and progress in a civil society.
5. The history of Bharat is replete with instances of excellence in every field of
science, technology, arts and crafts, metallurgy, agate industry, technical warfare, bravery, respect for women and above all superb character based on the record of
performance of these very people who formed the larger part of the community.
The Brahmins were always teachers, ascetics, versed in the Vedas, practising the basic
essentials of Dharma never competing with other castes in their profession. The society
anchored to the moorings and practice of dharma gained such economic competence that inspite of foreign invasions and merciless onslaught by the uncivilised invaders, Indian economy was far superior to other nations, exporting Indian products across the world and rendering India the only destination for gold till the early 19th century.
6. The anti-Hindu, so-called secular Congress during its prolonged rule since independence has consistently catered to inculcate amongst Hindus against Hindu values that generate all pervading love towards every living being irrespective of caste, creed, sect or religion and even towards plant life and animal kingdom. These spiritual ethos and not political slogans can only bind every soul in a bondage of spiritual love and, respect considering everybody as the manifestation of the All Merciful Sri Hari .
The Jains have now been granted minority status like the Buddhists, Sikhs etc. The
prognosis of Patidar movement, the Lingayats and various other organisations (Ramakrishna Mission) all stem from aberrant interpretation of our Indian Constitution and a diabolical derision of the divine Hindu Constitution, driven only by material causes, if not wilful ignorance and base arrogance prompted by the Congress Communist camp.
7. The minority appeasing and divisive hatred inducing consecutive Congress and UPA
Government policies have caused immense damage to the society which under the salutary influence of remained composite and established on sacred principles of ‘unity in diversity’ and Basudhaiba Kutumbakam. The renowned Jury, Acharya Dr. Durgadas Basu Saraswati commenting on the need to have a Uniform Civil Code commented in his famous book that– “A Uniform Civil Code was accordingly necessary for achieving the unity and solidarity of the nation, which was envisaged by the very Preamble to the
Constitution of divided India. The theory of personal identity of the Muslims was nothing
but a relic of the ‘two-nation’ theory, it was the Government of India which opposed it
on the ground that to achieve it would be to hurt Muslim ‘sentiments’. That such a
stand of the Government was absolutely hollow and anti-national has been laid bare
by a recent judgement of the Supreme Court. The Supreme Court had recommended
more than once, to take early steps towards the formation of a Uniform Civil Code.
Discrimination: The Court pointed out that it was altogether unjustifiable how the Government could discriminate between the Hindus and the Muslim. Even after the Hindu Personal Law was codified by various enactments in 1955-56. The Court pointed out that Personal Laws of the Hindus relating to marriage, succession and inheritance have sacramental origin similar to those of the Muslims and Christians (para. 33). Hence,
there was no justification to ignore Art. 44 in deference to Muslim sentiments in particular.
When more than 80% of the citizens have been brought under the codified Personal
Law, there is no justification whatsoever in delaying the introduction of a Uniform Civil
Code throughout the territory of India.”
(Truth Vol. 63 No.21 Uniform Civil Code by Acharya Dr. Durgadas Basu Saraswati).