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Writer's pictureLead India
Apr 17, 20233 min read

Is There Any Punishment For The Misuse Of Sc/St Act ?

SC/ST Atrocities Act came into existence with the aim of providing protection to the Scheduled Caste and Scheduled Tribe community from social disabilities such as denial of access to certain places or using customary pathways, personal atrocities in the form of drinking or eating inedible food, sexual exploitation, malicious prosecution, etc.


Countering fake cases of Atrocity?

  • As has already been mentioned the purpose of enacting this Act was to protect the people belonging to the SC and ST communities from any kind of verbal, or physical abuse or harassment because of the belief of the supremacy of the caste system. Yet, the same rules that were put in place to address the injustices committed against the SC/ST group could not be abused to harass members of other communities. Following actions could be taken by the individual in case he has been threatened with a fake atrocity case under the SC/ST Act.

  • Every person including those belonging to the SC/ST community has rights and duties as provided by the Constitution of India. Articles 14, 20, 21, and 32 of the Indian Constitution ensures the rights of citizens and the right to move to the Court in case of infringement of these rights.

  • Article 14 of the Indian Constitution provides the right of equality before law despite caste, place of birth, sex, and religion. The law must treat every individual in a similar manner as well as equally protecting the objective behind enacting the SC/ST Act. The objective behind the introduction of the Act could not be taken advantage of by threatening people with the fake cases.

  • Also, the Constitution has provided with the protection that an individual cannot be prosecuted for an offence twice nor should he or be convicted with a penalty which shall be greater than what has been assigned. If with an intention to take personal vengeance, a fake atrocity case has been filed under the SC/ST Act against you, you can file a writ petition against the infringement of your rights under Art 32 of the Indian Constitution.

  • Every individual has the right to protect his/her life and personal liberty. Any violation or infringement of this right can lead to prosecution. As mentioned above, a writ petition could be filed for infringement of any of your rights due to the fake atrocity cases in the Supreme Court provided under Article 32 and before the High Court under Article 226.

  • A defamation case could also be filed under section 499/500 of the Indian Penal Code in a situation where a person belonging to the SC/ST threatens to file a fake atrocity case against you. For further information you may contact an experienced lawyer in Pune or lawyers in Gurgaon



What recent modifications have been made as a result of the SC/ST Act?


In the year 2018, new guidelines have been issued by the Supreme Court so as to prevent the ‘rampant misuse’ of the SC-ST Prevention of Atrocities Act 1989. As provided under this Act, any kind of verbal, ritual, or physical violence against any member of the untouchable community that is the SCs and STs shall be categorised as a criminal act. The Act has also provided punishments in case of such criminal acts.


In the case of Dr. Subash Kashinath Mahajan vs. the State of Maharashtra, new guidelines were issued while passing the verdict by the Bench of two-judges, where it was found that around one-quarter of the cases filed under the SC-ST Act are fake complaints.


As a result of the new guidelines, the provision for anticipatory bail has been introduced even though strict prohibitions over anticipatory bails have been mentioned under section 18 of the SC-ST Act. An application for anticipatory bail could be filed by reaching out to your anticipatory bail lawyers in Ghaziabad who could draft and file applications for anticipatory bail.


Though a fake case has been filed under the Act, the Indian judiciary should be trusted to deliver justice. Sooner or later the court will find the truth from the facts and the circumstances of the case.


Additionally, if a fake case is registered against you under the SC-ST Act, you can hire a lawyer from Lead India to file a counter-complaint with the police regarding the fake case against such an individual in addition to the case of defamation under Section 500 of the Indian Penal Code. Hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.



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