Kerala govt cites 26 reasons why dilution of SC/ST law will hurt

THE REVIEW PETITION FILED ON SATURDAY CHALLENGES THE MARCH 20 JUDGMENT, WHICH TRIGGERED NATIONWIDE PROTESTS BY DALIT OUTFITS

Weakening of the protective net and a sense of insecurity among weaker sections are among 26 reasons cited by the Kerala government asking the Supreme Court to revisit a verdict that “dilutes” a law protecting the scheduled castes and scheduled tribes.

The review petition filed on Saturday challenges the March 20 judgment, which triggered nationwide protests by Dalit outfits, as bad in law, one which violates the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The order has wide ramifications and had created a sense of insecurity among SC/ST people, the plea, a copy of which is with Hindustan Times, says.

The provision that denied anticipatory bail was the backbone of the act.

“It enforces an inherent deterrence and instils sense of protection amongst members of SCs and STs,” says the review plea, arguing any dilution will be against the very objective of preventing atrocities against weaker sections.

A bench of justice AK Goel and justice UU Lalit had in March ruled that no arrests could be made under the act without prior permission, saying it was important to prevent the “rampant misuse” of the law. It also allowed a court to grant a pre-arrest bail if the complaint was found to be false, motivated or intended to blackmail a person.

The petition also says the 1995 judgment was delivered by two judges. The two-judge SC bench should have referred the case to a larger bench if differed with the 1995 order.

The Centre has already filed a review petition, saying the order diluted the law and caused disharmony. The court, which refused a stay on the judgment, will hold the next hearing in the case on April 20.