Companies can’t acquire SC, ST land: Supreme Court


PTI Sep 20, 2012,  IST Tags: Supreme Court| Scheduled Caste| Schedule Tribe (The Supreme Court said that…)

NEW DELHI: In a significant ruling, the Supreme Court today said that the land belonging to scheduled castes or tribes cannot be bought by non-dalits, including companies as such transactions are unconstitutional. A bench of justices K S Radhakrishnan and Dipak Misra gave the verdict on an appeal by the Rajasthan government against the state high court’s order holding such a sale to be valid in law.

The high court had passed its order on an appeal by a firm, Aanjaney Organic Herbal Pvt Ltd, against the refusal by the state authorities to recognise or grant mutation to the purchase of a plot by the company from a person belonging to scheduled caste. “The Act is a beneficial legislation which takes special care to protect the interest of the members of Schedule Caste and Schedule Tribe. “Section 42 (SC, ST Act) provides some general restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, in the whole or part of their holding.

“The reason for such general restrictions is not only to safeguard the interest of the members of Scheduled Caste and Scheduled Tribe, but also to see that they are not being exploited by the members of non-Scheduled Caste and Scheduled Tribe. “We find Section 42(b) of the Act has to be read along with the constitutional provisions and, if so read, the expression ‘who is not a member of the Scheduled Caste or Scheduled Tribe’ would mean a person other than those who has been included in the public notification as per Articles 341 and 342 of the Constitution,” said Justice Radhakrishnan, writing the judgement for the bench.

That property was purchased on September 26, 2005 through a registered sale deed for a consideration of Rs 60,000. The high court had held that such a transfer was valid as the company being a ‘juristic person‘ does not have a caste and, therefore, any transfer made by a Scheduled Caste person would not be hit by Section 42(b) of the Act. “If the contention of the company is accepted, it can purchase land from Scheduled Caste / Scheduled Tribe and then sell it to a non-Scheduled Caste and Schedule Tribe, a situation the legislature wanted to avoid. “A thing which cannot be done directly can not be done indirectly by over-reaching the statutory restriction. “We are, therefore, of the view that the reasoning of the high court that the respondent being a juristic person, the sale effected by a member of Scheduled Caste to a juristic person, which does not have a caste, is not hit by Section 42 of the Act, is untenable and gives a wrong interpretation to the above mentioned provision,” the apex court said.

NHRC public hearing on problems faced by Scheduled Castes- Nov 29-30 #Pune


 

Last Updated: Sunday, September 09, 2012, 11:11
TagsNHRCSCsPune
New Delhi: The National Human Rights Commission (NHRC) will hold a two-day public hearing in Pune to deal with various issues relating to atrocities and problems faced by Scheduled Castes.

The public hearing, to be held on November 29 and 30, will be followed by a meeting with Maharashtra Chief Secretary, DGP and senior civil and police officers on December 01, an NHRC official said.

Schedule Caste community members, who have a complaint of atrocity committed by a public servant or of negligence by a public servant in prevention of atrocity, can send their complaints to the Commission by October 07.

Such complaints as are deemed fit for enquiry shall be taken up at the public hearing, the official said.

The NHRC has decided to hold open hearings to reach out to Dalits and address their grievances about violations of their rights by public authorities as part of the recommendations given by KB Saxena in his report commissioned by the NHRC on the continuing problems faced by SCs.

PTI

 

Odisha: Dalit woman tonsured, assaulted; 10 arrested


By PTI – SAMBALPUR

08th September 2012 02:15 PM

A Dalit woman was assaulted, tortured and tonsured by locals after holding her responsible for the death of a youth under mysterious circumstances in Sambalpur district, the police said today.

“Ten persons were arrested on the basis of an FIR lodged by the victim Subidha Buda, a Dalit woman of Jayaghanta village in Dhama police station,” Inspector-in-Charge G Barla said.

Buda’s 18-year-old daughter had an affair with Sudam Mahananda of the same village. The duo had eloped from the village on August 11 but Sudam fell ill on the way and was declared brought dead at the government hospital at Jharsuguda, he said.

Holding the 45-year-old woman and her family responsible for Sudam’s death, the villagers had staged a road blockade on August 12 by keeping the body on the road to demand inquiry into the incident and arrest of the culprits, sources said.

They had also asked the family to leave the village, the police said. After being made to leave the village, the family was staying at their elder daughter’s place in nearby Baunsura.

However, the woman had come to her house to take some household goods on Thursday when villagers dragged her out, assaulted and tortured before shaving her head.

However, no case was registered under the SC/ST Atrocities Act as both the complainant and accused belonged to the Scheduled Caste, police officer Burla said.

Cases were registered against 18 persons and effort is on to nab the others involved in the incident, sources said.