'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 acquittals under SC-ST Act are a result of improper investigation and prosecution of crime, leading to insufficient evidence. The court observed that the SC/ST Act has been enacted by the Parliament to effectuate a salutary public purpose of achieving the fulfillment of constitutional rights of the Scheduled Castes and Scheduled Tribes. Section 15A of the SC/ST Act contains important provisions that safeguard the rights of the victims of caste-based atrocities and witnesses, the court added.

Supreme Court Investigation Court Victims Members Act Castes Our Society Scheduled Tribes Section 15A Past Atrocities Caste Based Atrocities Many Acquittals  scheduled  tribes  scst  investigation  act  provisions  scsts  thing  reason  past  atrocities  victims  court  shoddy  supreme  members  acquittals  castes

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 …

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 …

U.P., Rajasthan, M.P. top in cases of atrocities on Dalits: report
3 months, 2 weeks ago

U.P., Rajasthan, M.P. top in cases of atrocities on Dalits: report

The Hindu  

Nearly 97.7% of all cases of atrocities against Scheduled Castes in 2022 were reported from 13 States, with Uttar Pradesh, Rajasthan and Madhya Pradesh recording the highest number of such crimes, according to a new government report. According to the latest government report under the Scheduled Castes and Scheduled Tribes Act, the majority of atrocities against Scheduled Tribes were also …

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

Dalits demand filing of appeal against Kumher massacre acquittal judgment
8 months, 1 week ago

Dalits demand filing of appeal against Kumher massacre acquittal judgment

The Hindu  

Dalit groups in Rajasthan on Monday demanded filing of appeal against a seven-month-old judgment of Bharatpur’s special court acquitting 41 persons in the infamous Kumher massacre of 1992, in which 16 Dalits were killed and 45 were injured. CDR director Satish Kumar said the prosecuting agencies had not filed an appeal in the High Court to challenge the acquittal and …

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 …

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, …

"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, …

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC
2 years ago

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.Dismissing an anticipatory bail plea of an accused who had directly approached. The Punjab …

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 …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 7 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

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 …

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 …

Fewer convictions in SC/ST cases due to ‘shoddy investigations’: Supreme Court
3 years, 2 months ago

Fewer convictions in SC/ST cases due to ‘shoddy investigations’: Supreme Court

Hindustan Times  

Atrocities against members of Scheduled Castes and Scheduled Tribes are “not a thing of the past”, lamented the Supreme Court on Friday, as it underscored that the conviction rates in SC/ST cases were low in India not due to the falsity of charges but because of shoddy investigations. The court cited Section 15A of the SC/ST Act to point out …

Proceedings Under SC-ST Act Not Vitiated Merely Because Cognizance Was Taken By Magistrate: Supreme Court
3 years, 2 months ago

Proceedings Under SC-ST Act Not Vitiated Merely Because Cognizance Was Taken By Magistrate: Supreme Court

Live Law  

The Supreme Court observed that criminal proceedings under SC-ST Act, is not vitiated merely because the magistrate had taken cognizance and committed the case to Special Court.The bench of Justices MR Shah and Aniruddha Bose observed that the insertion of second proviso to Section 14 of the Act only gives additional powers to the Special Court to take cognizance. The …

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 …

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 …

Data | In 2019, 56% cases involving Dalit victims chargesheeted, 32% recorded conviction
4 years, 2 months ago

Data | In 2019, 56% cases involving Dalit victims chargesheeted, 32% recorded conviction

The Hindu  

The callous handling by the State police of the brutal gang rape and murder of a Dalit woman in Uttar Pradesh is not uncommon, NCRB data show. In a majority of States, <60% of cases involving victims from the Scheduled Castes were chargesheeted by the police in 2019. image/svg+xml Crimes against women The chart plots the share of cases in …

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 …

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. …

SC Reserves Judgment On Challenge To SC/ST Amendment Act 2018
5 years, 3 months ago

SC Reserves Judgment On Challenge To SC/ST Amendment Act 2018

Live Law  

The Supreme Court on Thursday reserved judgment on the petitions challenging 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 SC which had diluted the provisions of the Act. Indicating that the amendments will be upheld, the bench of Justices Arun Mishra, …

Discrimination Against SC-STs Still Prevalent; Cannot Presume They May Misuse Provisions Of Law As A Class: SC [Read Judgment]
5 years, 3 months ago

Discrimination Against SC-STs Still Prevalent; Cannot Presume They May Misuse Provisions Of Law As A Class: SC [Read Judgment]

Live Law  

While withdrawing the conditions imposed by the March 20, 2018 judgment for arrest of a person under the SC/ST Act, the Supreme Court observed that the discrimination against the members of the Scheduled Castes and Scheduled Tribes is still prevalent in various parts of the country The bench comprising Justice Arun Mishra, Justice MR Shah and Justice BR Gavai observed …

SC/ST Act: Supreme Court recalls directions of March 2018 verdict
5 years, 3 months ago

SC/ST Act: Supreme Court recalls directions of March 2018 verdict

India TV News  

The Supreme Court on Tuesday recalled its direction in the March 20, 2018 verdict which had virtually diluted provisions of arrest under the SC/ST Act. Indicating that it would pass certain directions to "bring in equality" as per provisions of the law, the top court had said people belonging to scheduled castes and scheduled tribes are subjected to "discrimination" and …

Supreme Court recalls verdict diluting SC/ST anti-atrocities law
5 years, 3 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 …

Proof That Offence Was Committed Only Because Victim Was SC-ST Member Necessary To Sustain Conviction U/s 3(2)(v) SC-ST (Prevention Of Atrocities) Act: SC [Read Judgment]
5 years, 4 months ago

Proof That Offence Was Committed Only Because Victim Was SC-ST Member Necessary To Sustain Conviction U/s 3(2)(v) SC-ST (Prevention Of Atrocities) Act: SC [Read Judgment]

Live Law  

In order to sustain a conviction under Section 3 of the Scheduled Castes and Scheduled Tribes Act, it must be proved that the offence was committed only on the ground that the victim was a member of the Scheduled Caste, the Supreme Court has reiterated.The bench comprising Justice R. Banumathi and Justice AS Bopanna set aside the conviction of the …

SC Issues Guidelines to Prevent Abuse of SC/ST Act: Two-Judge Bench
6 years, 9 months 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.

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