Bharat Bandh: Dalit protest death toll rises to 10

In the wake of violent protests, 16 additional companies of the SSB, four companies of the RAF, two companies of the STF, and 3,000 trainee constables have been deployed across Madhya Pradesh today.

Latest News : The Bharat Bandh called by Dalit groups protesting the apparent dilution of the Scheduled Castes and Scheduled Tribes (SC/ST) Prevention of Atrocities Act by the Supreme Court recently left at least ten people dead and hundreds injured as incidents of violence were reported across several states on Monday. Protesters were reported to have blocked trains, clashed with police, and set fire to private and public properties, including police posts. At the moment, reports say schools will remain shut in Uttar Pradesh’s (UP’s) Agra, Hapur, and Ghaziabad over the bandh. Whether schools and colleges in other states and cities, too, will stay closed is not clear yet.

Meanwhile, the Narendra Modi-led government moved the Supreme Court seeking a recall of its judgment on the SC/ST Act. While the SC declined an urgent hearing on a writ petition filed by the All India Federation of SC/ST Organisations against the verdict, the Congress demanded that the Centre bring an amendment to the said law in Parliament or file a “curative petition” in the apex court.

The government will on Tuesday mention the review petition in the top court for an early hearing.

With the Bharat Bandh protest in Madhya Pradesh (MP) claiming six lives, additional police and anti-riot forces are being deployed across the state. The Dalit protest saw curfew being imposed at several places. The Union Home Ministry, for its part, rushed 800 anti-riot policemen to MP and UP, and asked all states to take preventive steps to maintain public order and ensure the safety of lives and property. Thousands of people were detained following widespread incidents of firing, vandalism, and arson across over 10 states, several of them being BJP-ruled.

The Bharat Bandh call was supported by nearly all Opposition parties, which, along with Dalit organisations and Dalit members of the Bharatiya Janata Party (BJP) and its allies, had criticised the SC order on the SC/ST Act and asked the Centre to file a review petition. While the BJP accused Opposition parties of politicising the issue and contributing to the violence, the Opposition alleged that in several places, particularly in Agra and Gwalior, it was BJP workers who attacked protesters. The Congress, for its part, said that the Centre had taken the Bharat bandh call “lightly”, which resulted in the violence.

Supreme Court issues directives to safeguard govt officials under SC/ST Act

The Apex Court also added that a public servant can be arrested after grant of approval by some senior officer.

 

Breaking News : To curb misuse of the SC/ST (Prevention of Atrocities) Act, the Supreme Court on Tuesday ruled out automatic registration of first information reports and arrests in complaints under the Act.
Stressing that the law should not result in hatred towards a caste, a bench of justices Adarsh K Goel and Uday U Lalit held that there was a need for safeguards against the registration of FIRs and arrests under the Act in view of instances of misuse, as observed in the last three decades, and to protect the liberty of others.

“The Act cannot be converted into a charter for exploitation or oppression by any unscrupulous person or by the police for extraneous reasons against other citizens,” the bench said. The court also made it mandatory for the police to conduct a preliminary investigation to decide whether an FIR deserves to be registered under the parameters of the Atrocities Act.

“We are of the view that cases under the Atrocities Act also fall in exceptional category where preliminary inquiry must be held,” the court ruled, adding that even if an FIR is lodged, the accused will not be arrested automatically. “There is need to safeguard innocent citizens against false implication and unnecessary arrest,” the bench said.

For a public servant, the court said, permission of the appointing authority would be a must to make an arrest, whereas for others, written permission of the Senior Superintendent of Police or DSP would be necessary.The court also interpreted Section 18 of the Act, and ruled there cannot be an absolute bar on granting anticipatory bail in such cases.

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