SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court
2 years, 10 months ago

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court

Live Law  

The Karnataka High Court has held that the Scheduled Castes and Schedule Tribes Act 1989, is prospective in nature and alleged acts committed before its enactment cannot be an offence. It added, "The above apart, the alleged acts do not constitute an offence under the Scheduled Castes and Scheduled Tribes Act, 1989, which is prospective in operation, there being constitutional bar to the retrospectivity enacted in Article 20." Accepting the submission of the petitioners that criminal law cannot be set in motion casually as held by the Apex Court in Pepsi Foods Ltd. v. Special Judicial Magistrate, 1998 SCC 1400, the bench said, "The Trial Court Judge before referring the matter u/s 156 for further investigation ought to have been adverted to all these aspects and non-advertence has rendered the proceedings vulnerable for challenge." Case Title: Dr Shantha Raj T R v. The State By Sub Inspector of Police Case No: Criminal Petition 7980/2014 Citation: 2022 LiveLaw 64 Date of Order: February 23, 2022 Appearance: Advocate Satish K a/w Advocate M S Bhagwat for petitioner; Advocate Renukaradhya for R1

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History of this topic

Officials told to take action against SC, ST Atrocity accused
1 week, 6 days ago

Officials told to take action against SC, ST Atrocity accused

Deccan Chronicle  

Ambedkar Konaseema district collector R. Mahesh Kumar stressed the need for stringent action against the accused under the SC/ST Atrocities Prevention Act. Addressing the SC/ST Vigilance and Monitoring Committee district-level meeting held at Amalapuram on Thursday, he urged revenue and police officials to conduct thorough field-level investigations and expedite inquiries. He advised committee members to ensure justice for victims and …

‘Set up special court in all districts as per SC/ST rules’: NCSC
1 month ago

‘Set up special court in all districts as per SC/ST rules’: NCSC

New Indian Express  

MADURAI: The National Commission for Scheduled Castes and Scheduled Tribes asked the chief secretary to the state government to set up special courts in all districts as per the SC/STs Rules, 2016. National Commission for SC/ST Director S Ravivarman had sent a letter to the chief secretary on December 4, and said that a petition was received by the National …

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
1 month ago

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes Act, 1989, observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste. These observations were made while hearing the plea to quash the criminal complaint lodged in …

Mayawati slams government over Rajasthan HC's decision on SC-ST Act
1 month, 3 weeks ago

Mayawati slams government over Rajasthan HC's decision on SC-ST Act

New Indian Express  

JAIPUR: In a sharp critique of the government, Bahujan Samaj Party chief Mayawati has expressed discontent over the Rajasthan High Court's recent decision to exclude charges under the SC-ST Act in a case involving casteist slurs. The controversy arose following a judgment by the Rajasthan High Court, which ruled that the use of terms such as 'bhangi', 'neech', 'bhikari', and …

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case
1 month, 3 weeks ago

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Hindustan Times  

The Rajasthan high court on Tuesday dismissed charges under the Scheduled Castes and Scheduled Tribes Act, 1989, against four individuals accused of using derogatory language toward public officials during an encroachment inspection in Jaisalmer. Justice Birendra Kumar observed that the alleged terms used — ‘bhangi’, ‘neech’, ‘bhikhari’ and ‘mangani’ — were not casteist slurs and therefore did not meet the …

'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act
1 month, 3 weeks ago

'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act

Live Law  

The Jodhpur bench of the Rajasthan High Court dropped charges under the SC/ST Act against four men accused of using words like 'Bhangi', 'Neech', 'Bhikhari', 'Mangani' while addressing certain individuals, ruling that these words were not caste names and neither was there an allegation that the four men knew the castes of the latter. A single judge bench of Justice …

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment
2 months, 2 weeks ago

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment

Live Law  

A sessions court in Karnataka convicted 101 people in a decade-old case of atrocity against members of the Scheduled Caste community at Marakumbi village. The accused were charged under Section 3(1)(x) of the SC/ST Act, which deals with intentional insult or intimidation to people belonging to SC/ST community, and other relevant sections of IPC. The court sentenced 98 of them …

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment
2 months, 2 weeks ago

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment

Live Law  

A sessions court in Karnataka convicted 101 people in a decade-old case of atrocity against members of the Scheduled Caste community at Marakumbi village. The accused were charged under Section 3(1)(x) of the SC/ST Act, which deals with intentional insult or intimidation to people belonging to SC/ST community. They were also charged under Section 3(1)(xi) Act which deals with assault …

101 Held Guilty in Marakumbi Caste Atrocity Case, Sentenced to Life Imprisonment
Trending News
2 months, 2 weeks ago

101 Held Guilty in Marakumbi Caste Atrocity Case, Sentenced to Life Imprisonment

The Hindu  

101 people have been convicted in a decade-old case of atrocity against members of Scheduled Castes in Koppal district of Karnataka. The court sentenced 98 convicts to life imprisonment and imposed a fine of ₹5,000 on each of them, while the remaining three are members of Scheduled Castes and Scheduled Tribes and were sentenced to five years of imprisonment and …

Alleged Act Of 'Intentional Insult' Under SC/ST Act Not Offence Unless Committed In Public View: Allahabad HC
7 months, 2 weeks ago

Alleged Act Of 'Intentional Insult' Under SC/ST Act Not Offence Unless Committed In Public View: Allahabad HC

Live Law  

The Allahabad High Court has recently reiterated that an alleged act of intentional insult or intimidation causing humiliation would constitute an offence under Section 3 of the Scheduled Caste and Scheduled Tribe Act, 1989 only if it is committed in public view. It was argued that the offence was committed in the informant's house, which is not a public place …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
10 months, 3 weeks ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Court Seeks Delhi Police's Action Taken Report On Sameer Wankhede's Complaint Against IPS Officer Gyaneshwar Singh
11 months ago

Court Seeks Delhi Police's Action Taken Report On Sameer Wankhede's Complaint Against IPS Officer Gyaneshwar Singh

Live Law  

A Delhi Court has sought an action taken report from the Delhi Police on the complaint filed by IRS Officer Sameer Wankhede against IPS Officer and NCB DDG Gyaneshwar Singh. Additional Sessions Judge Devender Kumar Jangala of Patiala House Courts issued notice to the Deputy Commissioner of Police and ordered that an action taken report be filed in respect of …

Karnataka High Court quashes SC/ST atrocities case against DIMHANS director and associate professor
11 months, 2 weeks ago

Karnataka High Court quashes SC/ST atrocities case against DIMHANS director and associate professor

The Hindu  

The High Court of Karnataka has quashed a criminal case registered against the director and an associate professor of Dharwad Institute of Mental Health and Neurosciences, Dharwad, on a complaint by a professor of Raichur Institute of Medical Sciences, Raichur, under the provisions of the Scheduled Castes and Scheduled Tribes Act. Terming the complaint as not only “gross misuse and …

Matter Of Legislative Policy: Karnataka High Court Dismisses Plea Seeking To De-Recognize Certain Communities As Scheduled Tribes
1 year ago

Matter Of Legislative Policy: Karnataka High Court Dismisses Plea Seeking To De-Recognize Certain Communities As Scheduled Tribes

Live Law  

The Karnataka High Court has dismissed a public interest litigation seeking to quash the enlistment of certain communities as Scheduled Tribes in the Constitution Order Act, 1991 & the Constitution Order Act, 2020. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the petition filed by Dr Ambedkar Scheduled Castes Federation Karnataka, through its …

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime
1 year, 2 months ago

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime

Live Law  

The Karnataka High Court recently while quashing the criminal proceedings initiated against a school headmaster under the Scheduled Castes and Scheduled Tribes Act, by a school teacher, observed, “Haystack of frivolous cases have mushroomed to a large extent that searching a genuine case in the haystack has become like searching for a needle in a haystack, as most the cases …

SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court
1 year, 5 months ago

SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court

Live Law  

The Bombay High Court recently deprecated the practice of some Special Judges under the Scheduled Castes and the Scheduled Tribes Act not properly reflecting the submissions of victims as per Section 15A of the Act in their orders. “the present order does not speak that the notice was issued to the informant and he was heard in view of the …

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court
1 year, 7 months ago

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court

Live Law  

Before subjecting an accused to a trial for alleged commission of offence under Section 3 of the the Scheduled Castes and the Scheduled Tribes Act, 1989, it is desirable that the caste related utterances are outlined either in the FIR or, atleast, in the chargesheet, said the Supreme Court recently. “Since section 18 of the SC/ST Act bars invocation of …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
1 year, 10 months ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

Even After 75 Years Of Independence, Downtrodden People Can't Do Business Equally As Upper Caste People: Karnataka High Court
1 year, 11 months ago

Even After 75 Years Of Independence, Downtrodden People Can't Do Business Equally As Upper Caste People: Karnataka High Court

Live Law  

The Karnataka High Court, while refusing to quash proceedings against accused under the Schedule Caste and Scheduled Tribe Act, said that despite the completion of 75 years of independence of India, "the downtrodden people not able to do any business equal to that of any other business people who were said to be in upper caste." Justice K Natarajan observed …

"Private Civil Dispute Converted To Criminal Proceedings" : Supreme Court Quashes Complaint Alleging Offence Under SC-ST (Prevention Of Atrocities) Act
2 years ago

"Private Civil Dispute Converted To Criminal Proceedings" : Supreme Court Quashes Complaint Alleging Offence Under SC-ST (Prevention Of Atrocities) Act

Live Law  

The Supreme Court, in a judgment yesterday, quashed a complaint alleging offences under Scheduled Castes and the Scheduled Tribes Act, observing that it amounted to abuse of process of law and Court.The bench of Justices M R Shah and Krishna Murari observed that the private civil dispute between the parties is converted into criminal proceedings.In this case,. The Supreme Court, …

POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC
2 years, 2 months ago

POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC

Live Law  

The Kerala High Court has held that the Protection of Children from Sexual Offences Act, 2012 prevails over the Scheduled Tribes Act, 1989. When the Petitioner approached the High Court for bail, the Registry raised an objection that in view of the offences alleged under the SC/ST Act, an application for bail can be filed only before the Special Court …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 2 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

Dalit discrimination case: TN police bars accused from entering village
2 years, 3 months ago

Dalit discrimination case: TN police bars accused from entering village

The Hindu  

Published : Sep 22, 2022 18:15 IST The Tamil Nadu police has passed externment orders against three caste Hindus arrested for promoting caste-based discrimination in an incident in mid-September where a shopkeeper refused to sell sweets to a group of Dalit children in Panchankulam village in Tenkasi district in Tamil Nadu. On instructions from Asra Garg, Inspector General of Police, …

Can't Convict Accused U/S 3 (2) (v) SC/ST Act Sans Evidence That Offence Was Committed On Ground Of Victim's Caste: Allahabad HC
2 years, 5 months ago

Can't Convict Accused U/S 3 (2) (v) SC/ST Act Sans Evidence That Offence Was Committed On Ground Of Victim's Caste: Allahabad HC

Live Law  

The Allahabad High Court has observed that to prosecute a person for an offence committed under Section 3 of the SC/ST Act, there must be evidence to show that the accused committed on the ground that such person/victim is a member of a Scheduled Caste or a Scheduled Tribe.It may be noted that Section 3 penalizes a person, not being …

For SC/ST Atrocities Act to Apply, Hurling of Abuse Has to Be in Public Place: High Court
2 years, 6 months ago

For SC/ST Atrocities Act to Apply, Hurling of Abuse Has to Be in Public Place: High Court

News 18  

The High Court of Karnataka has said that for offences under the Scheduled Castes and the Scheduled Tribes Act, the hurling of casteist abuse must be in a public place. “Hurling of abuses is clearly not in a place of public view or a public place for the Act to be get attracted in the case at hand,” the court …

SC/ST Act Can't Be Invoked Merely Because Victim's Mother Belongs To Scheduled Caste: Karnataka HC
2 years, 7 months ago

SC/ST Act Can't Be Invoked Merely Because Victim's Mother Belongs To Scheduled Caste: Karnataka HC

Live Law  

The Karnataka High Court has held that a person, whose one parent belongs to the scheduled caste community and another parent to forward caste, will have to in his complaint under the Schedule Caste & Scheduled Tribes Act, 1989, specifically plead that he belongs to the schedule caste. The bench observed, "The complaint does not contain any fact about anything …

Karnataka HC Quashes Criminal Proceedings Against 68-Year-Old Woman Charged Under SC/ST Act
2 years, 7 months ago

Karnataka HC Quashes Criminal Proceedings Against 68-Year-Old Woman Charged Under SC/ST Act

Live Law  

Observing that "She had no criminal intention in the initial stage while obtaining the certificate and seeking reservation and got appointment, but she bonafidely believed that she will get the caste of her husband in view of marrying the person who belongs to member of SC/ST," the Karnataka High Court recently quashed the criminal proceedings pending against a 68-year-old woman, …

Madras High Court Grants Compensation To Victim Under SC/ST Amendment Act 2016 For Offence Committed In 2014
2 years, 8 months ago

Madras High Court Grants Compensation To Victim Under SC/ST Amendment Act 2016 For Offence Committed In 2014

Live Law  

The Madras High Court has allowed a petition filed by a victim belonging to Scheduled Caste Community claiming compensation under the Scheduled Castes and Scheduled Tribes Act and the Scheduled Castes and Scheduled Tribes Amendment Rules, 2016, for an offence committed against her in the year 2014. While passing orders Justice G. Ilangovan observed that as per the Scheduled Castes …

Public Servant Can't Be Prosecuted Under SC/ ST Act In Absence Of Averments In FIR Showing 'Willful Negligence' Of Duties: Andhra Pradesh High Court
2 years, 8 months ago

Public Servant Can't Be Prosecuted Under SC/ ST Act In Absence Of Averments In FIR Showing 'Willful Negligence' Of Duties: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently discontinued an investigation in a crime in which the First Information Report did not indicate any willful negligence of duties by public servant which were required to be performed under the Scheduled Castes and Scheduled Tribes Act, 1989. Thereafter, the informant claimed to have approached the National Commission for Scheduled Castes, Hyderabad for release …

SC/ST Act | Victim's Request To Record Trial Proceedings Can't Be Dismissed Even If Sexual Offences Are Involved: Kerala High Court
2 years, 10 months ago

SC/ST Act | Victim's Request To Record Trial Proceedings Can't Be Dismissed Even If Sexual Offences Are Involved: Kerala High Court

Live Law  

The Kerala High Court has recently ruled that when a victim of offences under the Scheduled Castes and Scheduled Tribes Act makes a request to video record the trial proceedings, a court cannot turn it down even if sexual offences are involved. Justice Kauser Edappagath noted that Section 15A of the Act which permits video-recording of all proceedings is in …

Calcutta High Court Directs State To Disclose Number Of Pending Cases Under SC/ST Act In WB
2 years, 11 months ago

Calcutta High Court Directs State To Disclose Number Of Pending Cases Under SC/ST Act In WB

Live Law  

The Calcutta High Court on Monday directed the State government as well as the High Court administration to file an affidavit disclosing the existing number of pending cases under the Scheduled Castes and the Scheduled Tribes Act, 1989 in the State as on January 31, 2022. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon …

Bombay HC stays notice to NCP leader Nawab Malik over Prevention of Atrocities Act plea
3 years ago

Bombay HC stays notice to NCP leader Nawab Malik over Prevention of Atrocities Act plea

India Today  

The Nagpur bench of the Bombay High Court stayed the summons that had been issued by Washim sessions court against Maharashtra cabinet minister Nawab Malik in an Atrocities Act complaint filed by Narcotics Control Bureau officer Sameer Wankhede’s cousin. Sanjay contended in the Washim court that Malik had created enmity and bad thinking in the public and therefore it is …

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals
3 years, 2 months ago

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals

Live Law  

"Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. ", the Supreme Court remarked in its judgment holding that the requirement under Section 15A of SC-ST Act of issuing notice of a court proceeding to a victim or a dependent is mandatory. The bench headed by Justice DY Chandrachud observed that many …

Workshop For CSOs In Kerala On The Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989
3 years, 3 months ago

Workshop For CSOs In Kerala On The Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989

Live Law  

Centre for Law and Policy Research is organising a legal training workshop for CSOs from Kerala on The Scheduled Castes And Scheduled Tribes Act and the Rules on 18th September, 2021.In the course of its efforts in research, public interest lawyering and advocacy, CLPR has recognised that even after enactment, the law is far from being implemented effectively. Centre for …

Karnataka CM Bommai asks officials to expedite disposal of SC/ST atrocity cases
3 years, 4 months ago

Karnataka CM Bommai asks officials to expedite disposal of SC/ST atrocity cases

India Today  

Karnataka Chief Minister Basavaraj Bommai has directed officials to take steps for speedy disposal of cases of atrocities committed against SC and STs that are pending in courts. While chairing a meeting of the State Level Vigilance and Monitoring Committee under SC/ ST Act 1989 at Vidhan Soudha on Monday, Bommai directed the Principal Secretary Social Welfare to personally coordinate …

"Prima Facie Insulting SC/ST Communities":Delhi High Court Upholds Order For Registering FIR For Caste-Based Questions In Recruitment Exam By DSSSB
3 years, 6 months ago

"Prima Facie Insulting SC/ST Communities":Delhi High Court Upholds Order For Registering FIR For Caste-Based Questions In Recruitment Exam By DSSSB

Live Law  

Holding that caste-based questions put in the primary teachers' recruitment exams conducted by the Delhi Subordinate Services Selection Board were prima facie intentionally insulting, or intimidating, with a view to insult members of specific castes, the Delhi High Court today upheld a trial court order directing for the registration of an FIR against unknown offenders under the. Holding that caste-based …

Most affected people in Bengal violence are from Scheduled Caste
3 years, 7 months ago

Most affected people in Bengal violence are from Scheduled Caste

Op India  

On Friday, the National Commission for Scheduled Castes informed that people belonging to the Scheduled Castes are being murdered and raped in West Bengal after the assembly election results were declared. The most affected have been people from Scheduled Castes.” He informed that around 1,627 cases have been reported, which includes 10-12 cases of rape, 15-20 murder cases of violence …

ST Act was falsely used to harass people
3 years, 9 months ago

ST Act was falsely used to harass people

Op India  

The anti-atrocities law was initially enacted with the laudable purpose of protecting persons hailing from the SC and ST community from any abuse or harassment over notions of caste supremacy. While reporting the incident, Falana Dhikana claimed that it had got in touch with the accused’s family which confessed to implicating the victim in a false case under the SC/ST …

No Coercive Action Against Prakash Jha Over FIR Against Web Series Aashram: Raj HC to Police
3 years, 10 months ago

No Coercive Action Against Prakash Jha Over FIR Against Web Series Aashram: Raj HC to Police

News 18  

The Rajasthan High Court on Monday ordered police to take no coercive action against Bollywood film director Prakash Jha over an FIR lodged against him allegedly for hurting Dalit sentiments by objectionable depiction of the community in his web series Ashram’. A bench of Justice Manoj Kumar Garg also issued notices to the complainant and the state government seeking their …

The SC/ST Act- Reduced To Yet Another Footnote In The Quest For Social Justice?
4 years, 1 month ago

The SC/ST Act- Reduced To Yet Another Footnote In The Quest For Social Justice?

Live Law  

"A caste system gives us false comfort, makes us feel that the world is in order, that we automatically know the good guys from the bad guys." Towards the end of the movie we once again see an exchange of letter from between Siddharth and Geeta where Geeta, now living and working in the same village, informs Siddharth that yes …

Special Court Under SC-ST (Prevention Of Atrocities) Act Has Power To Direct Registration Of FIR U/s 156(3) CrPC: Chhattisgarh HC [Read Judgment]
4 years, 2 months ago

Special Court Under SC-ST (Prevention Of Atrocities) Act Has Power To Direct Registration Of FIR U/s 156(3) CrPC: Chhattisgarh HC [Read Judgment]

Live Law  

The Chhattisgarh High Court has held that the Special Courts constituted under Section 14 of the Scheduled Caste and the Scheduled Tribes Act, has power and jurisdiction to invoke provisions contained in Section 156 of the CrPC and direct for registration of FIR and investigation.Justice Sanjay K. Agrawal was considering a petition challenging an order passed. The Chhattisgarh High Court …

Karnataka HC Seeks Clarification From State On Delay In Investigations And Filing Of Chargesheets Under SC/ST Act
4 years, 3 months ago

Karnataka HC Seeks Clarification From State On Delay In Investigations And Filing Of Chargesheets Under SC/ST Act

Live Law  

The Karnataka High Court has sought a clarification from the State Government on why there has been delay in investigating and filing of charge sheet in offences registered under the Scheduled Castes and the Scheduled Tribes Act. To address the issue of delay in investigation and large number of acquittals, the court has suggested the state government conduct regular training …

Rajasthan HC Directs Registry To Not Entertain Appeals Under SC/ST Act Unless Victim Is Impleaded As A Party [Read Order]
4 years, 5 months ago

Rajasthan HC Directs Registry To Not Entertain Appeals Under SC/ST Act Unless Victim Is Impleaded As A Party [Read Order]

Live Law  

The Rajasthan High Court has directed its Registry to ensure that appeals preferred under the Scheduled Castes/ Scheduled Tribes Act are instituted only after the complainant/ victim in the case is impleaded as a Respondent-party. 'Victim' Under SC/ST Act Includes Parents & Family Members Of Person Suffering Injuries Of The Crime : Karnataka HC In view of the aforementioned provisions, …

Castiest Remarks Made Over The Phone Is not An Offence Under SC/ST Act : Punjab & Haryana HC [Read Order]
4 years, 7 months ago

Castiest Remarks Made Over The Phone Is not An Offence Under SC/ST Act : Punjab & Haryana HC [Read Order]

Live Law  

The Punjab and Haryana High Court has held that a casteist remark against a member of the Scheduled Caste community, which is made over a phone call, does not constitute an offence under the Scheduled Castes and Scheduled Tribes Act, 1989. "Merely uttering such wrong words in the absence of any public view does not show any intention or mens …

SC verdict upholding Centre's amendments to SC/ST Atrocities Act restores law's original intent, corrects flawed 2018 judgment
4 years, 10 months ago

SC verdict upholding Centre's amendments to SC/ST Atrocities Act restores law's original intent, corrects flawed 2018 judgment

Firstpost  

The apex court’s verdict of March 2018 on the Atrocities Act would have rendered a crucial legislation meant to protect the marginalised sections of society toothless. The Supreme Court’s judgment on Monday upholding the amendments made by the Centre through the Scheduled Castes and Scheduled Tribes Amendment Act, 2018, is a welcome act of self-correction. After the Supreme Court’s 2018 …

SC/ST Act valid, rules apex court
4 years, 10 months ago

SC/ST Act valid, rules apex court

Deccan Chronicle  

New Delhi: The Supreme Court on Monday upheld the amendment to the SC/ST Act by which Parliament had restored the stringent provisions of the law which were watered down by the court by its March 2018 judgment. Upholding the amendments to the SC/ST Act brought in to neutralise the dilution of the stringent provisions by the Supreme Court’s 2018 ruling, …

Supreme Court upholds Centre's 2018 amendments in SC/ST Atrocities Act, says no provision of anticipatory bail for accused
4 years, 10 months ago

Supreme Court upholds Centre's 2018 amendments in SC/ST Atrocities Act, says no provision of anticipatory bail for accused

Firstpost  

The top court also upheld Centre’s directive that anticipatory bail to the accused charged with atrocities against SC/ST will not be provided. No prior approval of appointing authorities for senior police officers is needed to file FIRs in cases of atrocities on SC and ST. #SupremeCourt upholds Govt's 2018 amendments in the SC/ST Act: * Preliminary enquiry not a must …

[Breaking] SC Upholds Validity Of SC/ST Amendment Act 2018 [Read Judgment]
4 years, 10 months ago

[Breaking] SC Upholds Validity Of SC/ST Amendment Act 2018 [Read Judgment]

Live Law  

In a notable judgment, the Supreme Court has upheld the constitutional validity of Scheduled Castes and Scheduled Tribes Amendment Act of 2018, which was enacted to nullify the effects of the March 20, 2018 judgment of the SC which had diluted the provisions of the Act.A bench comprising Justices Arun Mishra, Vineet Saran and Ravindra Bhat had reserved judgment on. …

Supreme Court upholds SC/ST Amendment Act, new law has no provision for anticipatory bail
4 years, 10 months ago

Supreme Court upholds SC/ST Amendment Act, new law has no provision for anticipatory bail

India Today  

Supreme Court on Monday upheld the constitutional validity of the Scheduled Castes and Scheduled Tribes Amendment Act of 2018 enacted to nullify the effects of the March 20, 2018 judgment of the court which had diluted the provisions of the Act. In its September 30 verdict, the Supreme Court's three-judge bench had recalled its March 20, 2018 order that had …

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