The National Coalition for Strengthening Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has urged the Central Government to file a review petition in the Supreme Court against its order that had “diluted” the Act’s purpose.
In a press meet, held here on Friday, lawyer C. Venmani of Adi Tamilar Katchi, N. Panneerselvam of Samooga Neethi Katchi and K.S. Nagarajan of Tamil Nadu Dravidar Katchi, said that the Supreme Court in its judgement of March 20, 2018 failed to recognise the increase in atrocities against SCs and STs by 5.5 % and 4.7 % respectively in 2016. It had also failed to take into account the low disposal rate by courts in the recent years.
Of the 1,68,387 cases of atrocities that went to courts, trials in only 17,510 cases were completed in 2017. At the end of the year, 89.6 % cases of atrocities against SCs and 87.1 % of atrocities against STs were pending trial.
The court, instead of recognising the low conviction rate and high acquittal rate, made its observation on the basis of a small number of cases, which were found to be false. The judgement had also not looked at the reasons for increase in atrocities, low conviction rate and high acquittal rate and analysed the reasons.
Some of the hurdles were shoddy investigation, incorrect and biased recording of victims and witnesses’ statements during investigation, filing of incomplete charge sheet and undue delay in filing charge sheets and inappropriate support mechanism to the victims.
They said the provisions of the Prevention of Atrocities Act, including the bar on anticipatory bail and immediate arrest of the accused, had to be viewed in the context of prevailing social conditions and the apprehension that perpetrators of such atrocities were likely to threaten and intimidate the victims and obstruct the course of justice, if the perpetrators were to be granted anticipatory bail or not arrested immediately.
The judgement had created a climate of fear and oppression in the country and was in violation of fundamental human and constitutional rights granted to Dalits and Adivasis. The Centre should file a review petition and the Court should hear it on a priority basis, they added.
