Bhopal: ‘SC misusing power, has right to preserve not amend law’


Bhopal: Dalit scholars in the state have reacted sharply over Supreme Court order amending certain provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Criticising the verdict, the Dalit scholars claiming that it is dilution of the Act and it will lead to more discrimination and crimes against the backward community. The Supreme Court took wrong decision, and is misusing its power. It has the right to preserve law but cannot make it, said some Dalit scholars of the State on amendments to SC/ST Act.

Talking to Free Press, they said that that government’s right to frame laws and amend it not SC’s. If any changes in ST/ SC Act are implemented, the Dalits would face the worst condition. Some of them even said that by amending the act, the court is not only hurting the community but also diminishing the value of constitution.

“It is wrong decision of the court. The decision is not in favour of Dalits. Our constitution made the ST/SC Act 1989 for the prevention for the people of weak and exploited class and also to check atrocities. But by amending the Act, the court is trying to abolish the community as well as the value of our constitution,” said Dr. Bholusingh Marskole who is guest faculty in Betul College. He added that “we are for preservation of the constitution not the court and we are talking about the rules of the constitution.”


Similarly, another Ph.D Scholar from Betul, Nilesh Wasnik said, “The court has power to preserve law not to make law. Laws are made in Parliament and not in the court. The court is crossing its limit by interfering in it. The main aim of the act was to give extra protection to the people of the weaker class of the society. But to do amendment, the court has now made the condition of Dalit worst than before.” He said that now, there is no difference between ST/SC Act and the act for people of the unreserved section. “ Now, the act will lead to increase in the crime rate of the Dalit community. The procedure has become more lengthy,” he said

“The protest is justified, although I am in not in favour of violent protest. It should be in peadeful manner.We have no problem in amendment in any law, if it is done for betterment of people. The earlier act is not being implemented properly. So how can we be sure the new changes in the act will be effective.

I think, it is worst than earlier one. It will enhance the atrocities towards Dalits,” said Timothius Ekka, a research scholar in sociology department, Barkatullah University (BU). He further said “I am doing research on ‘Crime Against Tribal Women’. And I personally met the women. They lodge complaint as per the law but it is not as effective as it should be. The act is already being tempered with.” Another Ph.D scholar of BU Sunil Yadav said, “I took the SC’s decision positively. If any Act is being misused then what is wrong in amending it? I don’t see any harm in it. I think, things should change with time.”