What Supreme Court’s dilution of SC/ST Act
The act of atrocities law 1989 sept 9 this was implemented for schedule caste and schedule tribe .According to the act protect the marginalized community against any kind of discrimination and atrocities, on march 20 supreme court expressed concerns of misusing of act and providing anticipatory bails, it also ruled automatic arrest of the accused .SC ruled out that public servant cannot be prosecuted without the authority of appointing authority and even a citizen should be arrested only under the inquiry of the law. The rules of the act was notified on march 31 1995.
There are 22 offenses against the indefinite behaviour and discrimination ,atrocities or loosing self esteem in any case. It also includes denial of economic ,social rights ,sexual abuse assault, discrimination of SC/sts. According to the act the protection is provided from social disabilities such as denial of access to certain places and to use customary passages ,forceful drinking and food which is inedible ,any injury exploitation ,sexual abuse, economic exploitation, malicious prosecution ,political disabilities. The prime objective of the act is deliver justice to marginalized through proactive effort to give them a life of dignity self esteem and life without fear violence and suppression.
will laying down procedural safeguards curb false accusation work against protecting the oppressed from caste Based attrocities.this is slain question asked by supreme court.rampantly misusing it for personal scores and harass adversaries.
on face of it is difficult to fault courts approach .It is settled law mere scope misuses of the act has a ground to invalidate it.constitute court would preserve the legislation on hand and to prevent misuse of other.This is precisely what the two judges bench has aimed to do.it has ruled under section 18 which bars against anticipatory bails to anyone accused of violating its provision,is not an absolute bar giving advanced bail to those against whom prim fascia there is no case.The bench has prohibited the arrest of merely complaint for any atrocities to a dalit or tribal person.in case of public servant the written complain would be done while taking permission from appointing authority and in case of any citizen it would be highest superintendent police of that district.In doing this SC has maintained balance between two situations,protecting individual liberty and keeping the spirit of law in favor of oppressed sections.without any doubt it atrocities against law is grim social reality necessitating stringent law to combat it .
The act was amended in 2015 where more discrimination and crimes were added to teeth it.It is true that conviction to this act is low.The approaches of investigators and prosecutors to bring home charges against the preceptors of such crimes among the dominant castes is reflected in statistics.court should not dilute the act so as to preserve the rights of oppressed but should give honest judgements to such verdicts.
SC said you cannot use any law to blackmail the citizen or wreck personal vengeance.Past three decade complains have seen exact vengeance and vested interest of dalits.The act cannot be a charter for oppressed or exploitation of any unsruplous person or police for any extraneous reasons any harassment of any citizen whose innocent irrespective of caste and religion against the grantee under constitution .The constitution should take the grantee to protect the laws of equal .earler complaints on citizens have led them to lead harassed punishments and also no anticipatory bail granted just beacause its a law .Not the citizens alone but the public servants find it difficult to give adverse remarks as they will be scutinized under law.
Justice Goyal said that if the accused will get anticipatory bail which he proves the crime is malfide.Besides this a primary inquiry would be done before giving the written complain.
In a reviw of petition centre said SC had not right to dilute the act as it could make the job easier for the accused or who hav been arrested could move lik a free bird.it should ensure that it will maintain the dignity of these people so that the criminal could not get away in just a preliminary complain.Narendra Modi govt is there for the people of dalit people these words were said by minister Ravi Shankar Prasad .It will not led to harass people so easily and reluctantly rather deliberately.under the act section 18 accused will get anticipatory bails and under this act barred persons accused of causing casteism injury and insult of dalit from seeking anticipatory bails.
The center pointed out of 47338 cases filed across country in 2016 .24.9%ended in conviction and others 89.3% pending instead of misuse the act is implemented weakly.it also said that low rate of conviction was due to lack of presence of filing case lack of proper presentation and appreciation of evidence by the court,hostile witnesses and complains frivolous acts,absence of proper scrutiny of cases.
objecting to the court the act was made to protect the rights of dalit and by giving the anticipatory bail the government is saving the heinous crime commuters and giving them more power to humiliate and subjugate the members of sc/sts with a view to keep them in servitude.section 18 is backbone don’t try to break it .
well this all about the act but I don’t think that SC is wrong in its decision as it is not only protecting the dalit society but also accuser if not it not only protecting the rights of dalits but is also protecting the rights of any other some people are absolutely right as they say B.R Ambedkar protected this act rightly but we should not protect not only dalits and adivasis dignity but each and every citizens dignity as of under .
Article By- Nidhi Goyal Knowledgekart