SC/ST Act: Chouhan remark divides BJP’s lawmakers, angers NDA allies

Madhya Pradesh Chief Minister Shivraj Singh Chouhan’s assertion that those accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act would not be arrested before a police investigation has bagged the support of most of his MLAs, divided the BJP’s MPs and riled NDA allies. Chouhan’s statement on Thursday, which he reiterated on Friday, runs counter to the amendments brought in by the Centre to nullify the Supreme Court order banning immediate arrests under the SC/ST Act.

While Vinod Kumar Sonkar, BJP MP and Dalit Morcha chief, wanted Chouhan government to “reconsider” its decision, party MP from Bhind Bhagirath Prasad said the chief minister’s statement was in “consonance” with the law passed by Parliament.

“It is very unfortunate that the Madhya Pradesh chief minister has taken a decision like that… He has to review his decision, it seems he has done it under some pressure. But he cannot undo the measures taken by Prime Minister Narendra Modi in protecting the interests of Dalits,” Sonkar told The Indian Express.

Read | In Poll-bound MP, CM Shivraj Singh Chouhan announces move to dilute SC/ST atrocities law

However, Prasad, an MP from the Dalit community, said the chief minister did not say anything new. “What the chief minister said is in consonance with the law passed by Parliament… What the chief minister said is that the case will be registered after an inquiry and he did not say that it could be done only after the superior officer’s nod,” Prasad said.

BJP MP from Khargone (ST) Subhash Patel called Shivraj’s announcement an attempt to maintain balance. When asked whether the chief minister’s announcement could spark reaction from SCs and STs, Patel said, “Other sections were also reacting. Will have to maintain the balance among all…savarn andolan bahut tej gati se chal raha hai (movement of upper castes has gained pace),” Patel said.

However, reactions of most of the BJP MLAs from Madhya Pradesh, including that from Dalit community, dovetailed with Chouhan.

“He runs the government. If he has said something like this it must be OK. I am an ordinary MLA but he has entered the third term of chief ministership,’’ said BJP MLA Gopilal Jatav, a Dalit.

“There is nothing wrong in a probe (before arrest). If someone has filed a complaint with malice the person accused of committing the crime will get relief,” said another MLA Moti Kashyap.

BJP MLA Anchal Sonkar said he supported Chouhan. “The Act is not misused but (probe) will ensure there is no possibility of misuse,’’ he said. BJP’s tribal MLA Nagar Singh Chouhan said the chief minister’s stand would ensure that the Act was not misused. “There are some people who misuse the Act,’’ he said. However, a section of allies in the NDA government came down heavily on him.

BJP ally Lok Janshakti Party (LJP) opposed Chouhan’s move. LJP central parliamentary board chairperson Chirag Paswan said, “He is doing exactly what Mayawati (BSP president) had done in her government in Uttar Pradesh when she decided that no arrest will be made in SC/ST Act without investigation.”

The LJP had led the protest of SC and ST MPs who were against the Supreme Court’s March ruling that had “diluted” various key provisions of the Act.

Union Minister of State for Social Justice and Empowerment and RPI (A) leader Ramdas Athawale said that while Chouhan’s statement might have been an attempt to placate the upper caste protesters, he should have taken care to not say anything that created insecurity among Dalits.

In a statement released by him, Athawale said: “A chief minister does not belong to any caste. He represents both the upper castes as well as Dalits. He should change his statement. The Centre has made its stand on the Act very clear. No one can change the law. It’s a central Act and the state cannot change it.”

Union Minister for Social Justice and Empowerment Thawarchand Gehlot, who had moved the amendment Bill in the Rajya Sabha, backed Chouhan, saying that “whatever the CM has said is in accordance with the law’’. Referring to sub-sections a and b of Section 18 A of the amended legislation, the Union minister told The Indian Express that arrest was not necessary. He said the amendment ensured that no preliminary inquiry was required before registration of FIR and prior approval of any authority was not required before arrest.