The SC/ST Act will never be regarded as a productive piece of legislation. Tribes and Dalits continue to face discrimination. On the other hand, there is a genuine concern about the misuse of the Act's powers against innocent people. The Supreme Court of India claims that some individuals are utilizing the SC/ST Act as a "blackmail" tool to exact "vengeance" and further their own agendas.
The crimes committed against SCs and STs remained unabated despite laws designed to protect them, such as the Protection of Civil Rights Act of 1955 and the IPC. In 1989, the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (POA) was enacted by the Parliament in response to this circumstance. The main goal of the POA is to actively pursue justice on behalf of SC and ST people in order to enable them to lead moral and prosperous lives.
The most significant aspect of Indian religion and social life has traditionally been caste. Caste was once determined by a person's employment, but subsequently caste became inherited and permanent. The caste system gave the upper castes various advantages while allowing the lower caste to be oppressed. The Indian constitution aimed to correct historical wrongs and give the disadvantaged a level playing field following independence through the fundamental right to equality (Articles 14–18), particularly Article 17 which outlaws the practice of untouchability.
Abuse of provision:
The SC/ST (Prevention of Atrocities) Act of 1989's Section 3(1)(x) is a clause that is open to abuse. When someone purposefully intimidates or insults a Scheduled Caste or Scheduled Tribe member in a public setting, they are subject to punishment under this clause. The Atrocities Act's automatic arrests could result in innocent people being falsely accused; according to crime data, such incidents are falsely reported by the police 10% of the time.
Charge papers are filed in the vast majority of atrocities cases that the police look into. 40,801 registered cases of atrocities against Scheduled castes and 6,568 registered cases of atrocities against Scheduled tribes were reported by the National Crime Records Bureau in 2016. In addition, the police looked into instances that were open from prior years and filed charges in 78% of cases involving Scheduled caste atrocities and 81% of cases involving Scheduled tribe atrocities. Given that there is evidence to suggest that misuse of this service results in arrests and has a significant impact on one's reputation in society.
Remedies:
Every person has a right to their life and personal freedom being protected. Any infringement or violation due to the right will result in legal action. As previously noted, you can file a writ petition for the Supreme Court under Article 32 and before the High Court under Article 226 alleging that any of your rights have been violated as a result of situations involving fabricated atrocities. When the SC/ST threatens to file a false atrocity case against you, you may pursue a defamation case under section 499 or 500 of the Indian Penal Code.
Recent changes:
In order to stop the "rampant misuse" of the SC-ST Prevention of Atrocities Act 1989, the Supreme Court announced fresh instructions in 2018. Any form of verbal, ritual, or physical abuse directed at the SCs and STs the untouchable community is considered unlawful under this statute. The Act further specified penalties for certain unlawful actions.
In Dr. Subash Kashinath Mahajan v. the State of Maharashtra, a two-judge bench rendered its decision and issued the new guidelines after concluding that almost one-fourth of the cases brought under the SC-ST Act involves fictitious complaints.
Even though section 18 of the SC-ST Act specifically forbids anticipatory bail, the issue of anticipatory bail was made possible by the new regulations.
The Act's many advantages far outweigh its drawbacks. Some members of the outside world try to take advantage of legal opportunism and include innocent people in these lawsuits. These fraud instances severely defame those who have been falsely implicated, and the effects of such situations are long-lasting. To preserve the sanctity of the Constitution and its citizens, the Act must be diluted.
If any false case has been filed under the Act then you should appoint a lawyer to represent your case. Lawyer can collect and represent the evidences. If case has been filed in Mumbai then you should search for Top Lawyers In Mumbai. Top Lawyers In Delhi should be searched if the case has been filed in Delhi. There are many Lawyer In Delhi.
You can also contact Lead India. Our Advocates can file counter case on your behalf. Here, you can talk to a lawyer, ask a legal question and even seek free legal advice.
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