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Writer's pictureLead India
Apr 12, 20233 min read

What Case Could Be Filed Against A False Sc/St Act ?

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 also known as SC/ST Act, was aimed to protect the marginalised communities from discrimination and atrocities. The Act was enacted on 9 September, 1989.


The Objectives of the Act- the principle objectives of the Atrocities Act are to-


  • help marginalised community with their socio-economic situations

  • help eliminate the offences aimed to undermine self esteem of the marginalised community.

  • help people of the marginalised community exercise their economic, social and democratic rights

  • help them protect against the social acts such as denial of entrance to certain public places, forced drinking, eating inedible food, sexual exploitation or injury.

  • provide them with an option of their dignified living.

Atrocities- Meaning-

Before the introduction of the Atrocities Act of 1989, the term “atrocity” was not used. This term was used to express the criminal acts which are being committed against the members of the SC or ST communities. It explains the brutality or harsh behaviour which is committed against the people of a certain community.


What constitutes a crime under the Act?


Mentioned below are some of the crimes, which can be understood as crimes under the Atrocities Act, 1989-

  • The act of forcing people belonging to SC/ST community to drink or eat any inedible or poisonous substance by the individuals of the other communities shall be considered to be an act of atrocity and be punishable under the Act of 1989.

  • Dumping excreta or waste matter near the house of a person belonging to the SC/ST community so as to annoy them or injure them or any other similar act, would be an atrocity and punishable under the Act of 1989.

  • Depriving the people of the SC/ST community from their right to cultivate their land or to deny them rights on their own property, a water body or any other premise.

  • The act of forcing SC/ST individuals to beg for alms or to force them to work as bonded labourers will also amount to offence under the Act.

  • The act of forcing individuals from the SC/ST community from exercising their right to vote would also be considered an offence under the Act.

  • Denying people belonging to the SC/ST community from drinking clean water

  • Insulting or defaming the people from the SC/ST community publicly.

  • Filing false criminal allegations which may lead to the imprisonment of the individuals from the SC/ST community would be considered as a criminal offence under the SC/ST Act.



Bail under the Act of 1989-


Dated 9th August, 2018, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018 was passed by the Parliament. The basic characteristics of the Acts are as follows-

  • As provided under Section 18 of the SC-ST Act, it is illegal to undertake preliminary inquiry before an FIR has been filed.

  • Anticipatory bails could not be granted for offences which have been committed under the SC/ST Act

  • As provided under the SC/ST Act, an Investigation Officer can arrest the accused without any prior consent of a higher authority.

Role of the judiciary:

In the Hitesh Verma v State of Uttarakhand, 2020, a 3 Judge Bench decided that unless a specific malicious intention exists when humiliating a member of the SC-ST community, the acts will not be deemed to be offences under the Atrocities Act. Hence, it was observed by the Court in this case that no offence was committed against the member of the SC/ST community as humiliation occurred within four walls and the test of public view was not satisfying for the offence to be upheld.


In a recent event in 2021, the Cantonment police arrested two army jawans under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, who were later released on bail in a couple of days. To seek further advice as to what action could be taken in case a false case has been filed under the SC/St Act against you, you may contact an experienced high court lawyers in Hyderabad, high court lawyers in lucknow or a lawyer in your city.


Conclusion-


In India, every citizen has been provided with the right to life and liberty as provided by the Constitution of the country. The Act, though has some drawbacks, however the benefits from the Act surpasses them, though sometimes the Act is being misused by some people which would result in the defamation of some innocent people which could have long term consequences. In such a situation, you are advised to seek legal opinion from high court lawyers in Bangalore


To seek free legal advice or guidance for cases related to the atrocities act or talk to a lawyer, you may contact us at Lead India.


Call Us: +91–8800788535

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