top of page
Writer's pictureLead India
Dec 7, 20223 min read

How To Save Society By Fake Sc/St Act Cases

The SC/ST Act won't ever be thought of as a successful piece of legislation. Dalits and tribes continue to be discriminated against. The misuse of the Act's provisions against innocent persons, on the other hand, is a serious concern. According to the Supreme Court of India, some people are using the SC/ST Act as a "blackmail" weapon to exact "vengeance" and pursue their own interests.


Caste has long been the most important component of Indian religion and social life. Originally, a person's caste was based on their employment, but later, caste became inherited and immutable. The caste system allowed the lower caste to be suppressed while providing several advantages to the upper castes. Through the fundamental right to equality (Articles 14–18), particularly Article 17 which forbids the practice of untouchability, the Indian constitution sought to remedy historical injustices and provide the underprivileged with a level playing field after independence.


Laws intended to safeguard SCs and STs, such as the Protection of Civil Rights Act of 1955 and the IPC, were unable to stop or stop the atrocities committed against them. In reaction to this situation, the Parliament passed the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (POA) in 1989. The fundamental objective of the POA is to empower SC and ST people to lead upright and prosperous lives by actively pursuing justice on their behalf.


Types of Atrocities:

  • Honour Killing: Honor killing is a severe case of moral policing. When their son or daughter marries someone outside of their caste, people frequently commit this heinous crime out of fear of losing their caste status, which grants them access to several benefits.

  • Conflicts between castes: Atrocities have increased as a result of the impression of Dalits' upward mobility, which has been attributed to confrontations with higher castes.

  • Scavenging by hand: Hand scavenging has a caste system connection because it was traditionally the responsibility of the "poor castes." Notably, there are an increasing number of deaths among manual scavengers who are caring for septic tanks and sewage treatment facilities in a number of Indian states. The Supreme Court took manual scavenging and the deaths of SC/ST workers seriously, and as a result, declared that no country in the world sends people to "gas chambers to die."

  • Social exclusion: Due to the exclusion of Dalits from society, Khap panchayats and caste panchayats regularly act as the scene of crimes committed against them. The Law Commission drafted the Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011, which sought to declare khap panchayats illegal.


The 1989 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act's key components:


Creation of new offences not covered by the Indian Penal Code or the Protection of Civil Rights Act of 1955 (IPC). The Scheduled Castes and Tribes are the targets of crimes that carry harsh penalties. Victims are granted certain rights and safeguards. It creates Special Courts and Special Public Prosecutors to expedite case resolution. Committing crimes just with specific individuals (by non-SCs on SCs and non-STs on STs). Punishment for non-SC/ST public servants who breach their duties. Refusal to grant anticipatory bail offers recompense, relief, and rehabilitation to victims of atrocities or their rightful heirs. Federal, state, and district monitoring programs are obligatory and ongoing. The locations of atrocity-prone zones.


Case Laws:


In SubhashKashinath Mahajan v. Maharashtra State (Review of SC/ST Prevention of Atrocities Act) Case, the Supreme Court stated that the SC/ST Prevention of Atrocities Act (PoA act) is being misused and that action must be done to curb this misuse. The Act has been exploited to target innocent people and government employees for political and personal gain, the Supreme Court further stated. A report from the Parliamentary Standing Committee, which called for the addition of a clause in the POA act to safeguard people who are falsely accused, lends support to this argument.

By shortening the duration of trials, abuse of the Act can be stopped. The SC/ST commission should set up a countrywide hotline for any caste-based abuse. State protections for witnesses. The government should make strong efforts to improve the participation of members of the SC/ST community in decision-making and administrative processes. increasing awareness of the numerous legal alternatives and rights that the underprivileged group has access to.

In cases of fake sc/st act cases, it is advisable to consult a lawyer. Top Lawyers In Mumbai can be consulted if the person lives in Mumbai. Top Lawyers In Delhi can also be consulted if the person lives in Delhi. A Lawyer In Delhi can give you the best advice.

In such cases, you can also consult lawyers in Lead India. You can ask a legal question here regarding fake sc/st cases. You can talk to a lawyer and clear your doubts. We also provide free legal advice.


Call Us: +91-8800788535

3 views0 comments

Comments

bottom of page