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Business News/ Politics / Policy/  Maharashtra may not back amendments to SC/ST Act
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Maharashtra may not back amendments to SC/ST Act

Maharashtra is unlikely to make case for changes in law aimed at protecting SC/STs from caste atrocities despite the recent Maratha protests

Maratha caste organizations have complained about what they call the misuse of the Act to implicate people of other castes in fake cases, and have taken out massive marches in several cities. Photo: PTIPremium
Maratha caste organizations have complained about what they call the misuse of the Act to implicate people of other castes in fake cases, and have taken out massive marches in several cities. Photo: PTI

Mumbai: The Maharashtra government is unlikely to recommend amendments to the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, a central law aimed at protecting SC/STs from caste atrocities.

A top Bharatiya Janata Party (BJP) leader from Maharashtra, who did not want to be identified, said “the state will not make a case for changes in the atrocity act" despite it being one of the major demands of recent Maratha protests.

Maratha caste organizations have complained about what they call the misuse of this Act to implicate people of other castes in fake cases, and have taken out massive marches in several cities.

The protests were triggered by the rape and murder of a Maratha teenager, allegedly by three men belonging to the SC community, in Ahmadnagar district on 13 July.

The BJP leader, however, insisted the state government was in “complete agreement" with the Maratha demand for reservation in educational institutions and government jobs.

“The only question we are debating internally and also seeking wider legal help on is how to make reservation for Marathas legally tenable. The central leadership of the party has asked us to explore all options to achieve this in a legally fool-proof way," said the BJP leader. A petition demanding reservation for Marathas is pending before the Bombay high court and hearing in this case is scheduled to begin on 13 October. The Maharashtra government has supported this petition.

The BJP leader gave two reasons why Maharashtra will not recommend amendments to the atrocity Act. “If Maharashtra becomes the first state in India to recommend changes in the Act, that would immediately send out a wrong signal to SC/STs all over India. Any proposed changes, however pragmatic, will be perceived as anti-Dalit and projected as such by Dalit parties. The BJP would not like to give this handle to other parties. Also, we won’t be serving any legislative purpose by recommending changes in this Act because it is a central law and states have little scope in materially changing the Act unless a majority of states demand changes," the BJP leader said.

He, however, admitted the BJP-led government in the state needed to offer “something substantial" to the Marathas if one of their main demands could not be met. “There is a sense within the party that the Maratha angst has accumulated over the years more due to economic reasons though sentiments over the atrocities Act are also quite intense. We plan to reason with the Maratha leaders that amendment to the Act is not in the purview of the state but the it would address economic issues," the BJP leader said.

The SC/ST Prevention of Atrocities Act, passed in 1989, applies to all Indian states except Jammu and Kashmir. The Act proposes establishment of special courts to prosecute offences of atrocities against SC/ST population by people of other castes. In March 2014, the then Congress-led United Progressive Alliance government issued an ordinance carrying out amendments to the Act to make it expansive and stringent after complaints of rising crimes against SC/STs.

The BJP-led NDA government in April enacted these amendments through an amendment bill. “Statistics does not prove this Act is being misused. On the contrary, when the amendments were carried out this year, the main reason for introducing those changes was the law was not really helping SC/STs. What Marathas are demanding is a dilution of the Act and Dalit parties, including BJP’s own Dalit members, will not accept this dilution in the garb of amendments," said one of the 13 Dalit legislators from the BJP in Maharashtra.

This legislator said any changes in the Act could seriously undercut Prime Minister Narendra Modi’s Dalit outreach. “Any discussion on the Act must factor in Uttar Pradesh and Punjab elections where Dalits are a big chunk of voters," this legislator said.

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Published: 03 Oct 2016, 01:23 AM IST
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