The classification made in Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is reasonable and has a nexus with the object of protecting weaker sections of society from exploitation. Therefore, it does not violate Article 14 of the Constitution.

G. B. Patnaik, C. J.

1. In these five applications the prayer of the petitioners is to quash the F. I. R. and for that purpose the extraordinary equitable jurisdiction of this court has been invoked. The aforesaid prayer has been made on the ground that the allegations in the F. I. R. do not constitute any offence under the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989 (hereinafter to be referred to as the Act) to invoke the jurisdiction of this Court under Articles 226 and 227 of the Constitution. The validity of some of the provisions of the Act has been challenged and to our utter surprise we find that while entertaining these applications for hearing, the Court has passed orders granting anticipatory bail to the persons named as accusec persons in the F. I. R. Though the validity of the Act has been assailed which is a Central Act but the Union of India has not been arrayed as a respondent in four of the cases and those cases could be summarily rejected on that score. But since in one of the cases the Union of India has been arrayed as ,a party respondent. We, therefore, entertain the arguments advanced by the counsel for the petitioner on the question of validity of the Act itself.

2. Learned counsel for the petitioner contended that Sec.3 of the Act must be struck down being violative of Article 14 of the Constitution inasmuch as it is only when a person belonging to non-scheduled caste or non-scheduled tribe commits act of atrocities as mentioned in the different clauses of the said Section that is punishable and not when such acts of atrocities are committed by the members of the scheduled Castes or Scheduled Tribes. He further contended that clause (xii) of subsection (1) of section 3 of the Act is incapable of being implemented inasmuch as it is not possible to find when a nonscheduled caste man can be said to be in a position to dominate the will of a woman belonging to Scheduled Caste or a scheduled Tribe and then uses that position to exploit her sexually. The correctness and legality of the aforesaid submissions will have to be tested bearing in mind the very object and the purpose for which the aforesaid legislation has been enacted. The preamble of the Act itself says that it is an act to prevent the commission of offences of atrocities against the members of the scheduled Castes and Scheduled Tribes, to provide for special courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto. The statements of objects and reasons while introducing the Bill in the parliament are quoted herein below :

"statement of Objects and Reasons : despite various measures to improve the socio-economic conditions of the scheduled Castes and the Scheduled tribes, they remain vulnerable. They are denied number of civil rights. They are subjected to various offences, indignities, hurinliations and harassment. They have in several brutal incidents, been deprived of their life and property. Serious crimes are committed against them for various historical, social and economic reasons.2. Because of the awareness created amongst the Scheduled Castes and the scheduled Tribes through spread of education, etc. they are trying to assert their rights and this is not being taken very kindly by the others. When they assert their rights and resist practices of untouchability against them or demand statutory minimum wages or refuse to do any bonded and forced labour, the vested interests try to cow them down and terrorise them. When the Scheduled castes and the Scheduled Tribes try to preserve their self-respect or honour of their women, they become irritant for the dominant and the mighty. Occupation and cultivation of even the Government allotted land by the Scheduled Castes and the Scheduled Tribes is resented and more often these people become victims of attacks by the vested interests. Of late, there has