HC issues notice on a plea challenging Prevention of Atrocities Act

Chennai:

Madras High Court has issued three week notice to the Union law and
justice department, Union ministry of home affairs and the state
government over a petition to declare the provisions of Scheduled
Caste and Scheduled Tribes (prevention of Atrocities) Act 1989 as
amended by 2014 ordinance as ultra vires for discriminating
non-members from that of SCs and STs.

The first bench comprising of acting chief justice Satish K Agnihotri
and justice M M Sundresh also issued notices to social justice and
empowerment department besides the chairman of National Commission for
Scheduled Castes after hearing a petition filed by president of
Advocate Forum for Social Justice K Balu.

Balu has stated in his petition that the ordinance was passed in
excess of the enabling power under Article 17 (abolition of
untouchability) read with Article 35 (Legislation to give effect to
the provisions of this Part) of the constitution of India for being a
class legislation discriminating entire class of non-members from that
of SC and STs.

He also sought an injunction restraining the respondents their men or
ganets or any other authority claiming under them from registering any
complaint under any of the provisions of Prevention of Atrocities Act
1989 as amended by 2014 ordinance and to act against the complaints
received under the act during the pendency of writ petition.

He said the ordinance was gazette a day prior to the notification of
2014 parliamentary election as such it is motivated and deserves to be
declared unconstitutional.

The petitioner stated that the entire Atrocities act and its amendment
ordinance 1 of 2014 failed to overlook the point that Article 15 (1)
confers fundamental right on every citizen that he canot be
discriminated on the basis of religion, race, caste sex, place of
birth or any of them and confers on every citizen a legally
enforceable fundamental right. He said Article 15 (4) does not confer
any fundamental rights on SC and STs but merely confers discretionary
powers on the state to make any special provisions for the advancement
of SC and ST, not for making penal laws for untouchability