RAM KRISHNA BALOTHIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The decision in this petition shall also govern disposal of the petitions, list of which is annexed herewith.

(2.) The petitioners have challenged the constitutional validity of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act No. 33 of 1989) (for short hereinafter called the Act) in these petitions. Most of the petitioners are members of upper caste Hindus and some of them are Muslims. Offences under Section 3 of the Act are registered against the petitioners along with other provisions of the Indian Penal Code.

(3.) The contentions raised by the petitioners for challenging the constitutional validity of the Act are; (i) the entire Act is based on caste discrimination and, therefore, infringes Article 15 (1) of the Constitution of India and it is not saved under Article 15 (4) of the Constitution; (ii) Section 3 of the Act provides for punishment for offences of atrocities against persons belonging to members of scheduled tribes by any person other than a member of scheduled castes and scheduled tribes which cannot be said to be a provision for advancement of the scheduled castes and tribes; (iii) Section 8 (a) of the Act is vague, unclear and preposterous, inasmuch as, it tries to create a premature criminal liability in an ambiguous manner; and (iv) Section 18 of the Act is violative of Articles 14 and 21 of the Constitution of India.