“Incorporate safeguards if Atrocities Act is being misused”, says B R Gavai

NEW DELHI: Former Chief Justice of India B.R. Gavai has said Parliament should consider amending the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act to incorporate safeguards against its misuse, while retaining the law's objective of protecting members of SC and ST communities.

 

In an interview with an English news channel , Justice Gavai said the Act was enacted with an important social purpose, given the discrimination and atrocities historically faced by members of the SC and ST communities. However, he observed that, like other protective laws, some provisions could be misused by individuals.

 

He also referred to the need for public pressure on the legislature to address the issue, drawing a parallel with recent Gen-Z protests. Such public mobilisation, he suggested, could encourage Parliament to consider legislative changes.

 

 

Justice Gavai's comments assume significance in view of his earlier judicial record on the issue. As a Supreme Court judge, he was part of the 2018 Bench in Dr Subhash Kashinath Mahajan v State of Maharashtra, which prescribed certain safeguards against arbitrary arrest under the SC/ST Act. The judgment triggered a political and legal controversy, following which Parliament amended the Act to negate those safeguards.