Maya146;s Govt not for protecting SCs from atrocities?

According to the Commission member Satya Bahin, the state government8217;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 8220;kills the very purpose of the Act8221;.

The Mayawati administration has failed to rectify the situation and has not even cared to reply to the Commission8217;s letters in this regard. The Commission is headed by former Union Minister Buta Singh.

8220;We have apprised the state government of our disapproval of the order,8221; she said.

According to the UP government8217;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 8220;excess by the government8221; and a 8220;draconian provision8221;, Bahin said that such a move would lead further isolation of the SCs.

8220;In a number of cases, the accused get acquitted by courts. Does that mean that all who lodged these complaints should be punished?8221; 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.

8220;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 state8217;s SC Commission to monitor the issue and keep us informed if any SC members is harassed there due to this order,8221; 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.

8220;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,8221; 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.

8220;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,8221; the NCSC member said.