http://www.indianexpress.com/news/mayas-govt-not-for-protecting-scs-from-atroc.../378160/
Maya's Govt not for protecting SCs from atrocities? Agencies Posted online: Oct 26, 2008 at 1304 hrs New Delhi, October 26: : Mayawati-led Uttar Pradesh government has diluted the implementation of a key Act aimed at protecting the Scheduled Castes from atrocities, the National Commission for Scheduled Castes (NCSC) has held. The Commission has expressed serious reservations over the UP government's order regarding implementation of the SC/ST Atrocity Prevention Act, a move that is likely to kick up a political controversy. According to the Commission member Satya Bahin, the state government's order warns of attracting legal action if any false cases are lodged under the Act. She says that the Commission feels the UP order "kills the very purpose of the Act". The Mayawati administration has failed to rectify the situation and has not even cared to reply to the Commission's letters in this regard. The Commission is headed by former Union Minister Buta Singh. "We have apprised the state government of our disapproval of the order," she said. According to the UP government's order issued in October last year, action will be taken under section 182 of IPC against those who lodge false cases under the Act. The section stipulates an imprisonment up to six months or fine up to Rs 1000 or both for a person who gives false information with intent to cause public servant to use his lawful power to the injury of another person. Dubbing it an "excess by the government" and a "draconian provision", Bahin said that such a move would lead further isolation of the SCs. "In a number of cases, the accused get acquitted by courts. Does that mean that all who lodged these complaints should be punished?" the NCSC member wondered. The Commission has directed the UP State Commission for Scheduled Castes to monitor the issue and ensure that Dalits are not harassed with this order of the state. "We have written to the concerned authorities a number of time over the matter but we are yet to get a reply from them. Hence we have asked the state's SC Commission to monitor the issue and keep us informed if any SC members is harassed there due to this order," she said. Earlier the state government had issued an order in May 2007 instructing that SC/ST Atrocities Act should be clamped only in offences of serious nature like rape and murder. "Proper caution should be taken in the implementation of the SC/ST Act. Small cases should be handled under general rules, while SC/ST Act should be used only in serious cases of murder and rape," the order read. However, the state government in October revised the earlier order, which had asked for confining the use of SC/ST Act only in serious offences like murder and rape but the new order asked punitive action against the complainant if a false case is lodged. "The state government revised the earlier order after NCSC raised serious objections to its attempt to tamper with the Act saying that is unconstitutional. However, the revised order which asks for action against complainants if charged are proved false is far more dangerous," the NCSC member said.
