The Honable President of India ,Rastrapati bhavan , Delhi

The Hon’ble Prime Minister of India,
Prime Minister’s Office,
South Block, New Delhi - 110011

Subject: Urgent need to review the Scheduled Castes/Tribes (Prevention of Atrocities) Act and check its misuse

Honable Dear Madam/ Sir,

I am writing to express my deep concern over the increasing instances of misuse of the Scheduled Castes/Tribes (Prevention of Atrocities) Act across the country. Although the Act was enacted with the noble intention of protecting vulnerable communities from discrimination and violence, its provisions are being widely misused to seek personal revenge, make false allegations or for social and political vendetta.

There have been many incidents where innocent persons and their families have suffered serious mental, social and economic hardship due to false complaints. The lack of provisions for preliminary inquiry and prompt arrest as per previous court orders often causes irreparable damage to the reputation and livelihood of the accused even before a fair trial can be held. 

Such misuse not only weakens public confidence in the judiciary but also the very reason for which the Act was framed. It is important to ensure that protection against false consequences is also established without compromising on protection for the victims.

I humbly request the Government to consider the following:

1. Establish an independent review mechanism to assess alleged misuse of the Act.

2. Punishment if false or malicious complaints are proved.

3. Ensure that police action under the Act is taken only after a preliminary verification of the facts, as per the Supreme Court guidelines.

4. Justice should serve both the victim and the innocent equally. Maintaining a balance between protection and accountability will strengthen the integrity of the law and maintain social harmony.

5. Equality has been given first place in Articles 14, 15 and 16 of the Constitution.  Due to this, separate laws cannot be made for a specific caste or each caste,

6. When the preamble of the constitution itself assures that all citizens of the country will be treated equally, making laws based on caste is a huge insult to the constitution.

7. This caste-based law has created caste discrimination in the society and created an atmosphere of great dissatisfaction. Since lakhs of rupees are being provided under this law, many people are playing with the lives of innocent citizens by making false complaints. Many people have even committed suicide in the last 30 years after FIRs were filed under this law.

8. Equality has been given first place in the constitution. Equality is a fundamental right, this fundamental right is being violated by the sc/st act.

9. Even though there is no caste system in religions like Muslims, Christians, Buddhists, this act is being misused.

10. All castes should be included in this sc/st act by amending the constitution in the parliament session.

Repeal this sc/st act or make this sc an all-caste inclusive act because it is necessary for all castes to get equal respect.

Yours faithfully 

Advocate Dr Rajiv Basant Chaudhary
Mumbai

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