The Supreme Court has directed the National Legal Services Authority to formulate appropriate schemes to spread awareness and provide free legal aid to members of the Scheduled Castes and Scheduled Tribes.
It is rare that the Courts give a pronouncement that is both decisive and revealing. The moot question lies regarding implementation. On December 15, 2016, disposing of a petition filed by the National Campaign nine years before in 2006, a three member bench led by Chief Justice T.S.Thakur, DY Chandrachud and L Nageshwar Rao pulled up the Centrak Government and all state governments for a complete and abject failure to implement squarely and fairly the provisions of the SCST Prevention of Atrocities Act.
The Supreme Court, while refusing to monitor the implemention of this specially enacted law aimed to prevent increasing atrocities against India’s Dalits, has rapped the Centre and states for failing to safeguard the interests of the downtrodden Dalits. It said the laudable intent with which the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was enacted has not been achieved. The Act was even amended through efforts made between 2009-2014 that finally came to fruition in 2015 under the Modi regime.
Expressing anguish over the continued failure on part of the Centre and sates to protect dalits, a three-judge bench — comprising Chief Justice T.S. Thakur and Justices D.Y. Chandrachud and L. Nageswara Rao — said the ever increasing number of cases of crimes committed against the community is also an indication of total failure on the part of the authorities in complying with the provisions of the Act and the Rules. It said the object with which the Act was made stands defeated by the indifferent attitude of the authorities.
Disposing of a writ petition filed by National Campaign on Dalit Human Rights in 2006, the bench said it is true that the state governments are responsible for carrying out the provisions of the Act. At the same time, the central government has an important role to play in ensuring the compliance of the provisions of the Act. The constitutional goal of equality for all the citizens of this country can be achieved only when the rights of the SC and ST are effectively protected.
The bench pointed out that the Act provides protection to the SC and ST for various atrocities affecting social disabilities, properties, malicious prosecution, political rights and economic exploitation. The Act also provides for enhanced punishment for commission of offences against the SC and ST.
Writing the judgment, Justice Rao said the abundant material on record proves that the authorities concerned are guilty of not enforcing the provisions of the Act. The travails of the members of the Scheduled Castes and the Scheduled Tribes continue unabated. The bench, therefore, directed the Centre and state governments to strictly enforce the provisions of the Act. The National Commissions are also directed to discharge their duties to protect the Scheduled Castes and Scheduled Tribes. The court asked the National Legal Services Authority to formulate appropriate schemes to spread awareness and provide free legal aid to members of the Scheduled Castes and Scheduled Tribes. The judgement may be read here.
In the concluding paragraphs of the 27 page judgement, Para 12, the Judges state that,
“We have carefully examined the material on record and we are of the opinion that there has been a failure on the part of the concerned authorities in complying with the provisions of the Act and Rules. The laudable object with which the Act had been made is defeated by the indifferent attitude of the authorities. It is true that the State Governments are responsible for carrying out the provisions of the Act as contended by the counsel for the Union of India. At the same time, the Central Government has an important role to play in ensuring the compliance of the provisions of the Act. Section 21 (4) of the Act provides for a report on the measures taken by the Central Government and State Governments for the effective implementation of the Act to be placed before the Parliament every year. The constitutional goal of equality for all the citizens of this country can be achieved only when the rights of the Scheduled Castes and Scheduled Tribes are protected. The abundant material on record proves that the authorities concerned are guilty of not enforcing the provisions of the Act. The travails of the members of the Scheduled Castes and the Scheduled Tribes continue unabated. We are satisfied that the Central Government and State Governments should be directed to strictly enforce the provisions of the Act and we do so. The National Commissions are also directed to discharge their duties to protect the Scheduled Castes and Scheduled Tribes. The National Legal Services Authority is requested to formulate appropriate schemes to spread awareness and provide free legal aid to members of the Scheduled Castes and Scheduled Tribes.
Acknowledging a chronic failure on the part of governments, the para goes on further to read,
“…A similar situation arose before this Court in Safai Karamchari Andolan v. Union of India, (2014) 11 SCC 224. The Petitioners therein filed a Writ Petition seeking enforcement of the provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
This Court held as under:
“24. In the light of various provisions of the Act referred to above and the Rules in addition to various directions issued by this Court, we hereby
direct all the State Governments and the Union Territories to fully implement the same and take appropriate action for non-implementation as
well as violation of the provisions contained in the Act 2013. Inasmuch as the 2013 Act occupies the entire field, we are of the view that no further
monitoring is required by this Court. However, we once again reiterate that the duty is cast on all the States and the Union Territories to fully
implement and to take action against the violators. Henceforth, persons aggrieved are permitted to approach the authorities concerned at the first
instance and thereafter the High Court having jurisdiction.”
13. The Petitioners are at liberty to approach the concerned authorities and thereafter the High Courts for redressal of their grievances, if any.
In view of the aforesaid, the writ petition is disposed of. No cost.”
It said the object with which the Act was made stands defeated by the indifferent attitude of the authorities.
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