So the black day has arrived as the much anticipated draconian Bill became Act upon the assent of President Ram Nath Kovind (himself a dalit). The bill was passed unanimously and with majority in the Rajya Sabha without debate and discussion in the just concluded monsoon session.
Against this move, a PIL is filed in the Supreme Court in the matter of 'Prathvi Raj Chauhan & Priya Sharma V/s Union of India' challenging the vires of the Act. It is indeed true that the Act violates the Basic Structure Doctrine of the constitution of India as the Act violates Article 14 and 21 of the Constitution by denying anticipatory Bail on the complaints lodged on false implication.
The contents of the Public Interest Litigation is noteworthy. Let me give you the important excerpts of the petition in nutshell:
1. Basic Structure of the constitution is unamendable. Basic structure includes the preamble and Fundamental rights. Denying them bail on false implication and motivated complaints is violative of Article 14 and 21 and therefore the Act is ultra vires and is destructs the basic structure doctrine of the constitution.
2. The Act is abused by the Vested interest for Political or personal reasons and to seek vengeance.
3. As the Act has restored the previous provisions, the innocents cannot access to avail the right of Anticipatory Bail.
4. The Act was restored to get the political millage and under pressure from alliance partner and also worried over the prospects of antagonizing huge vote bank ahead of next year General Elections.
5. Section 18 A of the SC ST (Prevention of Atrocities) Amendment Act, 2018 which excludes section 438 of CrPC violates constitutional mandate under Article 14 and 21 and thus violates the doctrine of basic structure.
6. 85% of complaints under the Act ends in acquittal.
7. It is a brute truth that not a single policy exists in this country for the betterment or rehabilitation of the weak sections of General Community. General Community of this country is living in this country as second grade citizen.
8. The Atrocities Act has now become an instrument to "Blackmail" is also prone to misuse on account of monetary incentive and to exact vengeance and satisfy vested interests.
9. Monetary incentive being available merely for lodging a case under Rule 12(4) of SC ST (Prevention of Atrocities) Rules, 1995.
10. Public servants find it difficult to give adverse remarks against the employees for fear that they may be charged under the Act.
11. It damages the personal and professional reputation of a citizen.Legitimate expectations of Fundamental rights under constitution of India have been frustrated totally, as to be born in a upper caste cannot be a ground to face abuse of law or presumption of guilt.
12. Section 41(1)(b) of the Code of Criminal Procedure prescribes arrest could be effected only if there was credible information and had 'reason to believe' that the offence had been committed. The power of arrest should be exercised only after complying with the safeguards U/s 41 and U/s 41A.
The petition also mentions the verified crime data to establish that how the Act is misused grossly. Let us check the crime data:
1. As per data (Crime in India 2017- Statistics) compiled by the National Crime Records Bureau, Ministry of Home Affairs, in the year 2016, 5347 cases found to be false out of investigated SC cases and 912 were found to be false cases out of ST cases.
2. In the year 2015, out of 15638 cases decide by the courts, 11024 cases resulted in acquittal or discharge, 495 cases were withdrawn and 4119 cases resulted in conviction. The data is published in the Annual Report 2016-20017 published by the Department of Social Justice and Empowernment, Ministry of Social Justice and Empowernment, Government of India).
3. The NCRB data revealed that in 2016, there were 45233 cases pending trial from the previous year under SC/ST (Prevention of Atrocities) Act, 1989 whereas 5124 sent for trial during the year resulting in a total number of 50,357 cases during the year.
4. During the year trial was completed in 4546 cases. While there were convictions in 710 cases, in 3845 the accused were acquitted or discharged. So the conviction rate was 15.4% while the pendency percentage took at 90.5%.
5. The NCRB data also revealed that Final reports submitted by the Police during the year has found 2150 cases to be "true but (with) insufficient evidence, 5347 cases to be "false" and 869 cases to be "mistake of fact."
6. 41st Report on Law Commission in July 2002 has severely criticized the Police of our country for the arbitrary use of power of arrest, which the commission said is the result of the vast discretionary powers conferred upon them by this code.
This is the apathy of the Generals and OBCs that no safeguard to prove innocence, is provided against false implication, undue harassment under this Act, also no penal provisions against the abuse of law.
The Central Government is so anxious in giving in to their demands that it is ready to ignore our well being. We are left at the mercy of SCs and STs and we are suffering torture in their hands because we have been sleeping over our rights all these years. The Central Government has lost faith among upper caste. We have to turn around to their illegal demands. Unless we unite nobody could help us. As we all came to know that the draconian Bill became law so we all are in the borderline of getting arrest under false complaints. We have to help each other and stand for each other in this grim hours. Let us support each other by signing the petition in Bulk. I also request the community of OBCs and Generals to exhibit demonstration and protest opposing the Act and securing our fundamental rights.
Jai Hind!