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LATEST NEWS UPDATES | Call for ordinance on SC, ST Act -P Samuel Jonathan

Call for ordinance on SC, ST Act -P Samuel Jonathan

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published Published on May 13, 2018   modified Modified on May 13, 2018
-The Hindu

Supreme Court verdict on the Act could increase the vulnerability of victims of atrocities, says ex-official

GUNTUR (Andhra Pradesh):
The Central government must bring an ordinance to remove the conditions imposed in the recent Supreme Court judgment in the implementation of the Prevention of Atrocities (SC, ST) Act, 1989 and remove all general observations made about it, said P.S. Krishnan, former Union Secretary, Ministry of Welfare, and member, National Monitoring Committee for Education of the SCs, STs and Persons with Disabilities, Government of India.

Mr. Krishnan, who has been associated with the efforts for social justice for the SCs, the STs and the BCs for seven decades, said a general discussion on the Act should not be allowed on record.

Mr. Krishnan, who served as Assistant Collector in Guntur district during 1958-60, was here to speak on “Judicial Trends in Recent Times” organised by the Amaravati Institute of Social Sciences.

In an interview with The Hindu, he said the judgment could increase the period of vulnerability of the victims in atrocities while giving ample time for the oppressors to intimidate the victims.

Referring to the context in which the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was passed in 1989, he said atrocities had become more frequent and violent after Independence. Previously, the Scheduled Castes were subjugated only by means of untouchability. The power of untouchability began to be blunted by a slow rising of awareness due to access to education. The national movement also contributed to this awareness. In Andhra, the Communist movement had made its contribution.

Unrest

The process faced stiff resistance initially. But the Paramakudi, the Ramanathapuram riots and the brutal massacre in Kilvenmani (all in Tamil Nadu) and the Kanchikacharla and Karemchedu incidents in Andhra Pradesh led to unrest, he said. “Following Prime Minister Rajiv Gandhi’s direction, I as special commissioner for Scheduled Castes and S.R. Sankaran as the Secretary with the Ministry of Law worked out on the Act and the Bill was passed.”

Asked how serious the State governments are in the implementation of the Act, he said most States including AP had not formed vigilance monitoring committees headed by the Chief Minister. In Tamil Nadu, the committee sat only for three times during the last five years. In AP, the conviction rate in POA Act is 3.2% (NCRB 2016) which is far below the national average of 25%.

The SC directions make it a legislative Act by asking the sanction of an appointing authority against filing of FIR, like Senior Superintendent of Police. In most southern States, there is no SSP. It shows how much information base the SC judgment had, he said. In jails, most of the undertrials were from the SCs and the BCs. In these cases, if individuals from powerful sections get anticipatory bail, their power of intimidation increases.

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The Hindu, 13 May, 2018, http://www.thehindu.com/news/national/andhra-pradesh/call-for-ordinance-on-sc-st-act/article23868684.ece


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