OM PRAKASH, J. - (1.) THIS Full Bench has been constituted to decide the vires of the Scheduled Castes and Seheduled Tribes (Prevention of Atrocities) Act, 1989 (Briefly, the Act or the Act of 1989) in view of an order dated 28 -10 -1994, passed in Writ Petition No. 3956 (B) of 1994 -Manoj Kumar v. State of U. P., by a Division Bench of this Court consisting of Palok Basu and I. S. Mathur, JL, (also members of the Full Bench), which observed that several hundred writ petitions, inter alia, challenging the vires of the Act of 1989 and the validity of the Notification whereby Section 505 of the Indian Penal Code has been notified as non -bailable and cognizable offence in twenty districts of the State of Uttar Pradesh, are pending in this Court. As all these petitions, in the opinion of the aforesaid Bench, involve "intricate questions of validity of two important laws", the Bench observed that all these petitions be decided by a larger Bench.
(2.) THIS is how the Full Bench was constituted by the Hon'ble the Chief Justice by an order dated January 30, 1994 which heard learned counsel appearing for the parties in such cases at Allahabad and Lucknow on the vires of the Act of 1989 and the validity of the impugned notification. Social status of Scheduled Castes and Scheduled Tribes (for short, the 'Dalits') in the Indian Society in pre and post -independence era basically remained unchanged. In post -independence period, a few Dalits may have become high constitutional functionaries, economic condition of some of them may have improved, employment opportunities may have come to them in a fixed ratio, but like dust particle they are constantly itching the eyes of the caste Hindus.
(3.) IN one of his post -independence fiery speeches, Bharat Ratna Baba Saheb Dr. Ambedkar giving a graphic description of the pitiable conditions of the Dalits appealed to them as under : "In order to have a clear understanding of untouchables and its practice in real life, I want you to recall the stories of the atrocities perpetrated against you. The instances of beating by caste Hindus for the simple reason that you have claimed the right to enroll your children in Government Schools, or the right to take a marriage procession with the groom on horseback, are very common. You all know such instances, as they happen before your eyes. But there are several other causes for which atrocities are committed on the untouchables by the caste Hindus which, if revealed, surprise foreigners. The untouchables are beaten for putting on clothes of good quality. They have been whipped because they used utensils made of metal like copper etc. Their houses are burnt because they have brought land under cultiva ­tion. They are beaten for putting on the sacred thread (A visible symbol worn by high caste Hindus). They are beaten for refusing to carry dead animals and eat carrion, or for walking through the village with socks and shoes on, or for not bowing down before the caste Hindus, for taking water in a copper pot while going out to the fields to ease themselves. Recently an instance has been noted where the untouchables were beaten for serving chapter at a dinner party. You must have heard and some of you must have experienced such atrocities. Where beating is not possible, you are aware of how the weapon of boycott is used against you. You all know how the caste Hindus have made daily life unbearable by prohibiting you from getting work, by not allowing your cattle to graze in the jungles and prohibiting your men from entering the village. But very few of you have realised why this happens. What is the root of their tyranny ? To me, it is very necessary that we under stand it. The instances cited above have nothing to do with the virtue and vices of an individual. This is not a feud between two rival men. The problem of untouchability is a matter of class struggle. It is a struggle between caste Hindus and the untouchables. This is not a matter of doing injustice against one man. This is a matter of injustice being done by one class against another. This struggle is related to social status. This struggle indicates how one class should keep its relationship with another class of people. The struggle starts as soon as you start claiming equal treatment with others. Had it not been so, there would have been no struggle over simple reason like serving chapatis, wearing good quality clothes, putting on the sacred thread, fetching water in a metal pot, sitting the bridegroom on the back of a horse etc. lo these cases you spend your own money. Why then do the high -caste Hindus get irritated. The reason for their anger is a very simple. Your behaving on par with them insults them. Your status in their eyes in law. You are impure, you roust remain at the lowest rung. Then alone will they allow you to live happily. The moment you cross your level the struggle starts. The instances given above also prove one more fact. Untouchability is not a short or temporary feature, it is a permanent one. To put it straight, it can be said that the struggle between the Hindus and untouchables is a permanent phenomenon. It is eternal, because the high caste people believe that the religion which has placed you at the lowest level of the society is itself eternal. No change according to time and circumstances is possible. You are at the lowest rung of the ladder today. You shall remain lowest for ever." At page 28 of his celebrated book "The Untouchables" Dr. Ambedkar stated that "untouchability......is a unique phenomenon unknown to humanity in of the parts of the world. Nothing like it is to be found in any other society primitive, ancient or modern." ;