Judgement diluting provisions of Prevention of Atrocities and the withdrawal of 2013 communal murder cases considered by CPI (Marxist) and CPI.
ICP, 24 March 2018
On March 23, the Polit Bureau of the Communist Party of India (Marxist) (CPI-M) expressed concern about the judgement delivered by the Supreme Court that has diluted the provisions of the Prevention of Atrocities Act. The same day, The Central Secretariat of the Communist Party of India (CPI) issued a statement condemning the proposed steps of the Yogi Adityanath government in the state of Uttar Pradesh to withdraw the cases against the riot-accused in 2013.
According to the judgement of the Supreme Court in India, the social reality of caste oppression, harassment and atrocities perpetrated on Dalits on a daily basis is ignored. The jugdement makes it almost impossible to arrest and prosecute those accused under the Act by removing the restrictions on granting anticipatory bail and imposing a condition that a public servant can be prosecuted only after obtaining permission from the higher authorities.
Regarding the judgement of the Supreme Court, the Polit Bureau of the CPI (M) said, ‘It is unfortunate that the central government counsel did not respond properly and raise objections against the dilution of the provisions of the Act. Unless immediate remedial measures are taken by the Central Government to undo the damage done by the judgement, the forces inimical to social equality and justice will be further emboldened to perpetrate violence against Dalits.’ The Polit Bureau of the CPI(M) urged the central government to immediately move a review petition against the retrograde judgment of the Supreme Court bench.
On the other hand, the Yogi Adityanath government led BJP government in state of Uttar Pradesh withdrew 131 cases related to the 2013 communal riots in Muzaffarnagar and Shamli. Among the accused are 13 found to be allegedly involved in murder and 11 in attempt to murder. More than 60 minorities were killed and about 40,000 people were displaced.
The Central Secretariat of the Communist Party of India (CPI) severely condemned the move and said, ‘The culprits of such heinous crimes cannot go unpunished. The Yogi government which has been loudly declaring that the criminals will be shot in encounters of late after the defeat in bye-elections has come out in its true colour of being out and out a communal party. It seems that Yogi government wants these criminals to be out and punish people who decided to vote against his party. This has been the BJP’s strategy whenever it failed to win over the voters.’ The CPI urged upon the Modi government to desist from the move and appealed to all secular democratic left parties and forces to unite against such nefarious moves.