The Supreme Court on Tuesday set aside its own March 20, 2018 order that had virtually diluted various provisions under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989. Withdrawing the order, a bench comprising Justice Arun Mishra, Justice MR Shah and Justice BR Gavai stated that discrimination against members of the Scheduled Castes and Scheduled Tribes is still prevalent in many parts of the country. The court was hearing a review petition filed by the union government against the order of the division bench that had diluted the provisions of the SC/ST Act.
In March 2018, a two-judge bench of Justices AK Goel and UU Lalit had put in place safeguards to prevent the misuse of the SC/ST Act against officers who deal with complaints under the Act in their official capacity. The Supreme Court had said that the arrest of an accused under the SC/ST Act is not mandatory and recourse to coercive action would be only after a preliminary inquiry and sanction by the competent authority. Originally, the Act allowed for the immediate arrest of suspected offenders upon a complaint and denied anticipatory bail. The Supreme Court’s order then had triggered massive protests across the country.
On Tuesday, a bench headed by Justice Arun Mishra said, "Scheduled Castes and Scheduled Tribes have been outcasts for centuries, and untouchability has not vanished yet. They still remain 'Harijan'."
The court observed the backward classes have not been able to achieve equity and civil rights, and despite reservations, the fruits of development have not reached them. The court also cited the death of workers who died while cleaning sewers. The apex court observed that no such directions should have been passed.
The apex court recalled directions which mandated prior sanction for arrest of public servants and private persons. The court also recalled the requirement of preliminary enquiry before registering FIR. Citing social discrimination faced by the backward classes, the court pointed that Article 15 carves out special provisions.
"Courts cannot do what could not be done by the legislature," said the top court. The cloud of doubt on SC/ST was termed as "human failings" by the court.
Days after the Supreme Court’s 2018 order had seen violence across several parts of the country as thousands of Dalits headed to the streets in protests. The Centre then filed a review petition against the order.