The Parliament has the power to enact special legislation to prevent atrocities against members of the Scheduled Castes and Scheduled Tribes, and such legislation may exclude the application of general provisions of the Code of Criminal Procedure, such as Section 438 dealing with anticipatory bail.

K. C. AGRAWAL, C. J.

( 1 ) THIS Full Bench has been constituted to decide whether the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (No. 33 of 1989) (hereinafter to be referred to as the Act) is ultra vires the Constitution of India.

( 2 ) FOR dealing with the arguments raised before us, it will be useful to refer the legislative history as well as the various Sections of the Act.

( 3 ) BEFORE the present Act was passed, the Parliament had passed an Act known as the Protection of Civil Rights Act, 1955 to prescribe punishment for the (preaching and practice of "untouchability") for the enforcement of any disability arising therefrom and for matters connected therewith.

( 4 ) THE statement of Objects and Reasons appended to the Bill of the aforesaid Act was that the Bill before the Act was passed had been prepared in pursuance of Article 17 of the Constitution, by which untouchability was abolished and its practice in any form was forbidden.

( 5 ) THE Hindus who form the majority, in our country, are divided into four Varnas - namely, Brahmins, Kshatriyas, Vaishyas and lastly Shudras.

( 6 ) THE untouchability is a product of the Hindu Caste System. In Hadibandhu Behera v. Banamali Sahu (AIR 1961 Ori 33, it was observed by his Lordship R. L. Narasimham C. J. on this aspect"in view of this finding it is perhaps unnecessary to discuss the question of law as to whether ex-communication under the aforesaid circumstances would be protected by any of the Exceptions to S. 499, I. P. C. But I may notice an interesting point that was discussed during the hearing of this revision petition, viz. , how far after the coming into force of the Constitution it will be constitutional for any group of persons, whether they be headmen of certain castes or other persons, to outcast a person for transgression of the caste-rules. Article 17 of the Constitution prohibits untouchability in any form. "

( 7 ) SUBSEQUENTLY, the Parliament passed an Act known as the Untouchability (Offences) Act, 1955 and the expressions untouchable and untouchability had not been defined. But, Section 4 (x) of the Act makes it penal if any person on the ground of untouchability is subjected to any disability with regard to the observance of any social or religious custom, usage or ceremony, or taking part in any religious procession.

( 8 ) BEFORE these Acts were passed, the States of Bombay and Orissa passed Acts having regard to the spirit underlying Article 17 of the Constitution.

( 9 ) IT was felt that atrocities committed on Scheduled Castes and Scheduled Tribes had not diminished, therefore, the Parliament passed the impugned Act known as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

( 10 ) THE preamble of the Act is quoted below :-"an Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the 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. "

( 11 ) THE Statement of Objects and Reasons appended to the Bill while moving the same in the Parliament, read as under :-"despite various measures to improve the socio-economic conditions of the Scheduled Castes and Scheduled Tribes, they remain vulnerable. They are denied number of civil rights. They are subjected to various offences, indignities, humiliations 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 an economic reasons. . . . . . . . . . "

( 12 ) THE preamble of a statute is a part of the Act and is an admissible aid to construction. Although not an enacting part, the preamble is expected to express the scope, object and purpose of the Act more comprehensively than the long title. It may recite the ground and cause