Duty of Every Citizen To Protect Self-Respect & Honour Of Members Of SC/ST Community: Bombay HC [Read Judgment]
6 years, 5 months ago

Duty of Every Citizen To Protect Self-Respect & Honour Of Members Of SC/ST Community: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court on Wednesday refused to grant bail to two accused arrested last year after a video showing two nine-year-old Dalit boys being beaten up and paraded naked for allegedly trying to pilfer a snack item went viral.In doing so, Justice AM Badar noted that the accused have been booked under Scheduled Castes and Scheduled Tribes Act and the Protection. The Bombay High Court on Wednesday refused to grant bail to two accused arrested last year after a video showing two nine-year-old Dalit boys being beaten up and paraded naked for allegedly trying to pilfer a snack item went viral. In doing so, Justice AM Badar noted that the accused have been booked under Scheduled Castes and Scheduled Tribes Act and the Protection of Children from Sexual Offences Act, and considered it imperative to take serious view of such cases in view of the rise in offences under these laws. By such hateful acts self-image, prestige and dignity of members of the Scheduled Castes and Schedule Tribe is lost,” Justice Badar observed.

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History of this topic

Provisions Of SC/ST Act Can Only Be Invoked Against Those Not Belonging To SC/ST Community: Punjab & Haryana High Court
1 month, 3 weeks ago

Provisions Of SC/ST Act Can Only Be Invoked Against Those Not Belonging To SC/ST Community: Punjab & Haryana High Court

Live Law  

Allowing anticipatory bail under the Scheduled Castes and Scheduled Tribes Act,, the Punjab & Haryana High Court has made it clear that the Act can be invoked only against members not belonging tothe SC/ST Act community.Justice Manisha Batra noted, "Appellants Avtar Singh and Jagsir Singh are stated to be members of SC community themselves. Allowing anticipatory bail under the Scheduled …

Increased Awareness About Rights, Powers & Duties Led To 'Steep' Rise In Criminal Cases Lodged By SC/ST Community: Allahabad HC
8 months, 2 weeks ago

Increased Awareness About Rights, Powers & Duties Led To 'Steep' Rise In Criminal Cases Lodged By SC/ST Community: Allahabad HC

Live Law  

The Allahabad High Court has noted a significant increase in the number of criminal cases lodged by members of the Scheduled Caste and Scheduled Tribes community. A bench of Justice Chandra Kumar Rai noted that this upsurge could be attributed to the heightened awareness among the SC/ST Community regarding their rights, powers, and duties, facilitated by the proliferation. A bench …

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, 7 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 Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court
3 years 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 …

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals
3 years, 4 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 …

Supreme Court recalls verdict diluting SC/ST anti-atrocities law
5 years, 5 months ago

Supreme Court recalls verdict diluting SC/ST anti-atrocities law

The Hindu  

Correcting an error of judgment, the Supreme Court on Tuesday recalled its March 20, 2018 verdict, which bent the written law to protect persons accused of committing atrocities against the Scheduled Castes and the Scheduled Tribes. Goel diluted the Scheduled Castes and Scheduled Tribes Act of 1989, to grant anticipatory bail to accused persons and directed that the police should …

SC/ST Act - To Attract Section 3(1)(s), Incident Must Happen Both In A Public Place And In Presence Of Public : Bombay HC [Read Order]
5 years, 5 months ago

SC/ST Act - To Attract Section 3(1)(s), Incident Must Happen Both In A Public Place And In Presence Of Public : Bombay HC [Read Order]

Live Law  

The Bombay High Court on Wednesday held that insult or humiliation must take place in the presence of or in the proximity of atleast one independent public witness in order for the offence to qualify as atrocity under the Scheduled Caste and Scheduled Tribe Act. Justice AM Badar granted anticipatory bail to one Salim Shaikh accused under Sections 354, 440, …

Duty of Every Citizen To Protect Self-Respect & Honour Of Members Of SC/ST Community: Bombay HC [Read Judgment]
6 years, 5 months ago

Duty of Every Citizen To Protect Self-Respect & Honour Of Members Of SC/ST Community: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court on Wednesday refused to grant bail to two accused arrested last year after a video showing two nine-year-old Dalit boys being beaten up and paraded naked for allegedly trying to pilfer a snack item went viral.In doing so, Justice AM Badar noted that the accused have been booked under Scheduled Castes and Scheduled Tribes Act and …

Arrest of an accused not mandatory under SC/ST Act, says Supreme Court
7 years ago

Arrest of an accused not mandatory under SC/ST Act, says Supreme Court

Deccan Chronicle  

New Delhi: Observing that there is large-scale misuse of the law, the Supreme Court on Tuesday held that arrest of an accused is not mandatory under the provisions of SC/ST Act and accused are entitled for anticipatory bail. A Bench of justices Adarsh K. Goel and Uday U. Lalit gave this ruling on an appeal from Maharashtra government employee Dr. …

SC/ST Atrocities Act has become a means to blackmail citizens, public servants: Supreme Court
7 years ago

SC/ST Atrocities Act has become a means to blackmail citizens, public servants: Supreme Court

The Hindu  

The anti-atrocities law, which protects Scheduled Castes and Scheduled Tribes from casteist slurs and discrimination, has become an instrument to “blackmail” innocent citizens and public servants, the Supreme Court observed in a judgment on Tuesday. The past three decades have seen complainants — who belong to the marginalised sections of society — use the Scheduled Castes and Scheduled Tribes Act …

SC Issues Guidelines to Prevent Abuse of SC/ST Act: Two-Judge Bench
7 years ago

SC Issues Guidelines to Prevent Abuse of SC/ST Act: Two-Judge Bench

Live Law  

The Supreme Court of India has issued directions to prevent the misuse of provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act). These directions aim to ensure that the provisions of the SC/ST Act are not abused for extraneous considerations and that individuals are not arrested or prosecuted without proper authorization.

Breaking: SC Issues Directions To Prevent Misuse Of SC/ST Act, Govt.Servants Can't Be Arrested Without Prior Sanction [Read Judgment]
7 years ago

Breaking: SC Issues Directions To Prevent Misuse Of SC/ST Act, Govt.Servants Can't Be Arrested Without Prior Sanction [Read Judgment]

Live Law  

Supreme Court of India on Tuesday issued directions to prevent the misuse of provisions of Scheduled Castes and the Scheduled Tribes Act 1989.A Two Judge Bench of Justices AK Goel and UU Lalit was examining the question whether there can be procedural safeguards so that provisions of Scheduled Castes and the Scheduled Tribes Act 1989. A Two Judge Bench of …

After The 2016 Amendment, Mere Knowledge Of The Accused that Victim Is SC/ST Is Sufficient For Prosecution Under SC/ST Act: SC [Read Judgment]
7 years, 3 months ago

After The 2016 Amendment, Mere Knowledge Of The Accused that Victim Is SC/ST Is Sufficient For Prosecution Under SC/ST Act: SC [Read Judgment]

Live Law  

Prior to amendment, statute laid stress on the intention of the accused in committing such offence in order to belittle the person as he/she belongs to Scheduled Caste or Scheduled Tribe community, the bench observed.The Supreme Court, in Asharfi vs State of Uttar Pradesh, has observed that after the amendment of the Scheduled Caste/ Scheduled Tribe Prevention of Atrocities Act …

Stringent punishment for atrocities on SC, ST under new Act
9 years, 1 month ago

Stringent punishment for atrocities on SC, ST under new Act

India TV News  

New Delhi: An Act which provides for stringent action against those committing atrocities against SC and ST communities or indulging in actions which are derogatory to their dignity, including social or economic boycott, will come into effect from tomorrow. As per the the Scheduled Castes and the Scheduled Tribes Amendment Act, 2015, actions like tonsuring of head, moustache, or similar …

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