SC questions 'bias' in SC/ST Act clause on death penalty

THE TOP COURT SUGGESTED THAT THE ACT SHOULD BE AMENDED AND A JAIL TERM OF A LONGER PERIOD SHOULD BE GIVEN

- Utkarsh Anand

The Supreme Court on Tuesday questioned "legislative bias" in drafting a provision in the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, or SC/ST Act, which prescribes a mandatory death sentence only to a person belonging to a non-SC/ST community for implicating an SC/ST member in a false case that leads to their execution.

"This provision begins with a clause Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe'. So, the death sentence is only for those who are not the members of SC/ST community. But suppose, false evidence is given by a SC/ST member which cause the execution of a member of a SC/ST community? Then? No death penalty? What is the reasonable classification here? Why this legislative bias?" a bench of justices Surya Kant and KV Viswanathan asked Attorney General (AG) R Venkataramani.