SC criticises verdict diluting provisions of SC/ST Act

The Supreme Court on Wednesday called it "the most inhuman and uncivilised" situation in the country, where even after 70 years of Independence, those involved in scavenging works were not given proper implement and protective gear like masks for performing their work.

A bench of Justices Arun Mishra, M R Shah and B R Gavai expressed its anguish, saying nowhere in the world are people sent to gas chambers to die like this.

The top court posed questions before Attorney General K K Venugopal who sought review of the March 20, 2018 judgement that diluted provision of SC/ST (Prevention of Atrocities) Act, 1989 by bringing in measures like anticipatory bail and inquiry before arrest of an accused under the stringent law.

"Untouchability and caste system have not gone (removed) so far. People still feel hesitant to shake hands with those undertaking scavenging works," the bench said, pointing out that we have not been able to provide modern implements to those indulged in cleaning work.

Five persons were killed recently after having fallen in manholes, the bench said, citing certain news reports.

“You are not able to protect them. You have not been able to provide ways and means to those indulging in human scavenging. Give us in writing the problems, we will take care of it,” the bench said.

Coming to the March 20, 2018 judgement, the bench asked, “Can an order be passed contrary to the statute and the Constitution just because there are abuses of the law?”

Even a general category person can lodge a false report under IPC provisions, should the law be changed, the bench further said, criticising its own two-judge bench verdict.

The court allowed all intervention applications and asked the parties to file their written note.