Threat of Fake cases by SC/ST

SC/ST Prevention of Atrocities Act 1989:

SC/ST Atrocities Act was enacted with the aim of providing protection to the Shedule Cast and Schedule Tribe community from social disabilities for instance denial of access to certain places or using customary passage, personal atrocities such as drinking or eating inedible food, sexual exploitation, malicious prosecution, etc.

How to counter fake cases of Atrocity?

As we know the purpose of enacting this Act was to protect the individuals who belonged to SC and ST communities from any type of verbal, or physical abuse or harassment over the supremacy of the caste system. The same provisions which have been laid down to cure the atrocities of the SC/ST community cannot be misused to cause harassment to individuals of other communities. The following recourse can be taken by the individual if threatened with a fake atrocity case under the SC/ST Act.

Every individual including the SC/STs has certain rights and duties as provided by the Constitution of India. Articles 14, 20, 21, and 32 of the Indian Constitution enshrine the rights of citizens and a right to move to the Court in case of infringement of those rights. 

Article 14 of the Indian Constitution enshrines the right of equality before law despite caste, place of birth, sex, and religion. The law shall treat every individual equally as well as equally protecting the objective of enacting the SC/ST Act. The purpose of the Act cannot be taken advantage of by threatening with fake cases.

Similarly, the Constitution makes provisions that an individual cannot be prosecuted for the same offence twice nor shall he or she be convicted with a penalty greater than what is assigned. If with the motive of taking personal vengeance, a fake atrocity case has been filed under the SC/ST Act against you, you can file a writ petition for infringing your rights under Art 32 of the Indian Constitution.

Every individual has the right to the protection of life and personal liberty. Any violation or infringement because of the right shall lead to prosecution. As mentioned above, you can file a writ petition for infringement of any of your rights due to fake atrocity cases before the Supreme Court under Article 32 and before the High Court under Article 226. 

You can file a defamation case under section 499/500 of the Indian Penal Code when SC/ST threatens to file a fake atrocity case against you.

What are the recent changes brought under the SC/ST Act?

In 2018, new guidelines were issued by the Supreme Court for preventing the ‘rampant misuse’ of the SC-ST Prevention of Atrocities Act 1989. Under this act, any type of verbal, ritual, or physical violence against the untouchable community that is the SCs and STs is categorized as a criminal act. The Act also laid down punishments for those criminal acts.

In Dr. Subash Kashinath Mahajan vs. the State of Maharashtra, the new guidelines were issued while passing the verdict by a two-judge bench where it was found that approximately one-quarter of the cases filed under the SC-ST Act involves fake complaints.

As a result of the new guidelines, the provision of anticipatory bail was introduced even though the strict prohibition of anticipatory bail is mentioned under section 18 of the SC-ST Act. You can file an application for anticipatory bail by reaching out to our anticipatory bail advocates who will draft and file applications for anticipatory bail.

No matter what fake case has been filed under the Act, the Indian judiciary must be trusted to deliver justice. The court will find the truth from the facts as well as the circumstances of the case sooner or later. Additionally, when a fake case has been registered against you under the SC-ST Act, you can get a lawyer from Lead India to file a counter-complaint at the police station regarding the fake case against such an individual along with the case of defamation under section 500 of the Indian Penal Code.

Conclusion:

The fact that Dalits have been oppressed for many centuries cannot be denied. The Government, no doubt has taken steps by enacting legislation such as the SC-ST Prevention of Atrocities Act and made amendments timely based on the needs in order to ensure the eradication of the caste system. This act has been one of the biggest boons for SC-ST communities and it has played an important role in their social upliftment. However, over a period of time discrimination against them still exists in several parts. Not only the discrimination but also there has been an increase in the misuse of the provisions as discussed. Though the new guidelines issued by the Supreme Court for facilitating anticipatory bail were not welcomed by the SC-ST community, it was a necessary step taken to deal with the issue of fake cases. Reach out to Lead India for getting expert advice and guidance in the filing of a counter-complaint in case of fake cases registered against you under the SC-ST Act. We offer prompt and reliable services in order to deliver justice at the right time by Talk to a Lawyer for Free Legal Advice or Ask a Legal Question.