RAVINDRAN PIIIAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is challenging the validity of S.3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, as unconstitutional. He is also seeking a writ of certiorari to quash Ext. P2 First Information Report submitted before the Special Judge for SC/ST Cases (Sessions Court), Manjeri.

(2.) The allegation in Ext. P2 is 'petitioner has assaulted one Ramachandran who belongs to Scheduled Caste Community of Kallady by calling his caste name at a public place'. Petitioner denied the said incident. According to petitioner, he has no connection with the fourth respondent, and he is totally a stranger to the petitioner. According to petitioner, he is not aware of his caste. His case is that a false complaint is lodged against him at the instigation of one Radhakrishnan to wreak vengeance on the petitioner for taking effective steps to prevent encroachment into the property which is put in the possession of Receivers appointed by court. It is seen for quashing criminal proceedings, petitioner has invoked the jurisdiction of this court by filing Crl. M.C. No. 1565 of 1996. However, the said case was withdrawn by the petitioner. Petitioner has now invoked the jurisdiction of this Court under Art.226 of the Constitution of India for quashing the said complaint and also seeking a declaration that S.3(1)(x) of the Scheduled Castes and Scheduled Tribes (Preventation of Atrocities) Act, 1989 is unconstitutional. According to counsel for the petitioner, adequate safeguards are not provided in the said Act. Counsel submitted S.3 of the Act violates Art.15 and 21 of the Constitution of India.

(3.) I have gone through the various provisions of the Act. Petitioner could not establish how and in what manner Art.15 and 21 of the Constitution of India are violated by the provisions of the Act. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for special courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected there with or incidental thereto. The Act was enacted in line with various constitutional provisions giving special privileges and rights to members of the Scheduled Castes and Scheduled Tribes. Art.17 of the Constitution of India provides that Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence publishable in accordance with law. Art.17 makes the practice of Untouchability an offence read with Art.35(a)(ii) which confers upon the Parliament the exclusive power to make law prescribing punishment for those acts which are declared to be offences under Part III of the Constitution. Art.17 is a significant provision particularly from the point of view of equality of law. It guarantees social justice and dignity of life which were denied to vast selection of the society for centuries.