Rational Interpretation of Protective Laws – SC/ST (Prevention of Atrocities) Act

Must Read

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition...

Follow us

The SC/ST (Prevention of Atrocities) Act came with the objective to protect the marginalized sections of the society from exploitation. The statute guarantees protection against caste-based discrimination. The Act guarantees protection to individuals from various forms of discrimination and enacted with the purpose to make Indian society more inclusive. The Act is in furtherance of the Fundamental Rights of citizens.

The intention behind the Atrocities Act has undoubtedly set a benchmark to uphold the constitutional values of an inclusive democracy. But, there are certain legitimate apprehensions that have hindered its very essence wherein the provisions of the statute are used as a tool for extraneous purposes. According to the 2016 report of the National Crime Records Bureau, among the cases filed for crimes against scheduled castes and scheduled tribes, 5,347 and 912 cases were found to be false respectively.

The Hon’ Supreme Court of India on 20/03/2018, passed a judgment wherein it provided safeguards to protect individuals from automatic arrests under SC/ST Act and directed measures to protect the liberty of an individual guaranteed under Article 21 of the Constitution. The matter came before the Hon’ Court against the judgment of the Bombay High Court wherein the plea to quash the FIR against the public servant was denied. The bench comprising of Justice UU Lalit and Justice AK Goel, held that the proceedings against the appellant were liable to be quashed.

The Court reconsidered the provision of Section 18 of the Act wherein the anticipatory bail cannot be granted for the offenses under the Atrocities Act. The Court observed that the interpretation of the provisions must not be restricted in the literal sense. It is apprehended that the Act is at times used for extraneous purposes and as a tool for harassing individuals for false and baseless allegations. The Court, therefore, considering these aspects reached a conclusion to grant anticipatory bail in the cases filed under the SC/ST Act.

The key highlights of the judgment to protect individuals from automatic arrest under the Act and to protect the fundamental rights guaranteed under Article 14 and 21 of the Constitution are given below:

  • No absolute bar on granting anticipatory bail
  • Approval for the arrest of public servant from appointing authority
  • Approval for the arrest of a non-public servant from S.S.P.
  • Reasons recorded to be scrutinized by the Magistrate to grant a further detention
  • The preliminary inquiry to be carried out by the DSP

The judgment has been delivered to check “abuse of law”. The rationale to show prima facie case for the commission of a crime under the Atrocities Act would determine the exclusion of Section 438 CrPC for grant of anticipatory bail. The judgment has come in the wake of rising violence against the members of the marginalized section.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

More Articles Like This

- Advertisement -