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Supreme Court: Centre, states have failed dalits

It said the object with which the Act was made stands defeated by the indifferent attitude of the authorities.

New Delhi: The Supreme Court has rapped the Centre and states for failing to safeguard the interests of the dalits. It said the laudable intent with which the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was enacted has not been achieved.

Expressing anguish over the continued failure on part of the Centre and sates to protect dalits, a three-judge bench — comprising Chief Justice T.S. Thakur and Justices D.Y. Chandrachud and L. Nageswara Rao — said the ever increasing number of cases of crimes committed against the community is also an indication of total failure on the part of the authorities in complying with the provisions of the Act and the Rules. It said the object with which the Act was made stands defeated by the indifferent attitude of the authorities.

Disposing of a writ petition filed by National Campaign on Dalit Human Rights in 2006, the bench said it is true that the state governments are responsible for carrying out the provisions of the Act. At the same time, the central government has an important role to play in ensuring the compliance of the provisions of the Act. The constitutional goal of equality for all the citizens of this country can be achieved only when the rights of the SC and ST are protected.

The bench pointed out that the Act provides protection to the SC and ST 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 SC and ST.

Writing the judgment, Justice Rao said the abundant material on record proves that the authorities concerned are guilty of not enforcing the provisions of the Act. The travails of the members of the Scheduled Castes and the Scheduled Tribes continue unabated. The bench, therefore, directed the Centre and state governments to strictly enforce the provisions of the Act. The National Commissions are also directed to discharge their duties to protect the Scheduled Castes and Scheduled Tribes. The court asked the National Legal Services Authority to formulate appropriate schemes to spread awareness and provide free legal aid to members of the Scheduled Castes and Scheduled Tribes.

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