NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. versus UNION OF INDIA & ORS.

Citation: [2016] 9 S.C.R. 122 · Decided: 15-12-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off

Cited by 5 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2016] 9 S.C.R. 122 
A 
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. 
B 
v. 
UNION OF INDIA & ORS. 
(Writ Petition (Civil) No. 140 of2006) 
DECEMBER 15, 2016 
[T. S. THAKUR, CJI, DR. D. Y. CHANDRACHUD AND 
L. NAGESWARA RAO, JJ.] 
Scheduled Castes and Scheduled Tribes (Prevention of 
Atrocities) Act, 1989 - Scheduled Castes and Scheduled Tribes 
(Prevention of Atrocities) Rules, 1995 - Implementation of- Sought 
C 
by filing petition u!Art. 32 of Constitution - Seeking directions to 
the authorities concerned to enforce the provisions of the Act and 
Rules - Held: The constitutional goal of equality for all the citizens 
can be achieved only when the rights of Scheduled Castes and 
Scheduled Tribes are protected - Though the Act is comprehensive 
D 
enough to deal with the social evil, there has been failure on the 
part of the authorities concerned in complying with the provisions 
of the Act and the Rules - Therefore, the Central and the State 
Governments are directed to strictly enforce the provisions of the 
Act and the Rules - National Commissions for Scheduled Castes 
and for Scheduled Tribes are also directed to discharge their 
E duties - National Legal Services Authority is requested to formulate 
appropriate schemes to spread awareness and provide free legal 
aid to members of the Scheduled Castes and Scheduled Tribes -
Constitution of India - Preamble; and Arts. 15, 17, 39A, 46, 338 
and 338A. 
F 
G 
H 
Disposing of the petition, the Court 
HELD: 1. The Preamble to the Constitution of India 
provides for social, economic and political justice and equality of 
status and opportunity to all its citizens. Article 15 of the 
Constitution prohibits discrimination on the grounds of religion, 
race, caste, sex 'or place of birth. Untouchability is abolished and 
its practice in any form is forbidden by Article 17 of the 
Constitution. Article 46 provides for promotion of educational 
and economic interests of Scheduled Castes, Scheduled Tribes 
and other weaker sections. Article 39A of the Constitution 
provides for free legal aid. Articles 338 and 338A of the 
122 
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. 
v. UNION OF INDIA & ORS. 
Constitution provide for constitution of National Commissions 
for Scheduled Castes and Scheduled Tribes respectively. The 
duties of the National Commission are provided in the Rules of 
Procedure of the National Commission for Scheduled Castes. To 
give effect to Article 17 in its true letter and spirit, the Parliament 
enacted the Untouchability (Offences) Act, 1955. Several 
amendments were made to the said Act which was rechristened 
as the 'Protection of Civil Rights Act, 1955'. The Scheduled 
Castes and Scheduled Tribes (Prevention of Atrocities) Act was 
made in 1989 because the Parliament found that the provisions 
of the Protection of Civil Rights Act, 1955 were inadequate and 
did not curb the evil practice of atrocities against Dalits. [Paras 
3, 4, 5, 7, 11) (129-E-F, G; 130-A; 133-C-D; 137-B-C; 139-D-E) 
2. The Scheduled Castes and Scheduled Tribes (Prevention 
of Atrocities) Act, 1989 enlarges the scope of criminal liability 
by including several acts or omissions of atrocities which were 
not covered by the Penal Code or the Protection o! Civil Rights 
Act, 1955. The Act also provides protection to the Scheduled 
Castes and Scheduled Tribes for various atrocities affecting social 
disabilities, properties, malicious prosecution, political rights and 
economic exploitation. The Act also provides for enhanced 
punishment for commission of offences against the Scheduled 
Castes and Scheduled Tribes. The minimum punishment for 
neglect of duties committed by a public servant was also 
increased. Provisions were made for granting minimum relief and 
compensation to victims of atrocities and their legal 'heirs. The 
other salient features of the Act include externment of potential 
offenders from Scheduled Areas and Tribal Areas as well as 
attachment of the properties of the accused. The Act prohibits 
the grant of Anticipatory Bail to the accused and the Probation of 
Offenders Act, 1958 was also made inapplicable to the Act. Certain 
preventive measures provided in the Act include cancellation of 
arms licenses of potential offenders and even grant of arms 
licenses to Scheduled Castes and Scheduled Tribes as a means 
of self defence. [Paras 7, 8) (137-E, G-H; 138-A-C] 
3. There has been a failure on the part of the concerned 
authorities in complying with the pro

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