Curbing misuse

Curbing misuse

Context

Misuse of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, isto settle personal scores and harass adversaries

What has happened?

The recent Supreme Court verdict that has taken note of the perception that the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, is being rampantly misused to settle personal scores and harass adversaries

Final view of the author

• Rules and laws can be created to protect the innocent against misuse but the law itself should not be made soft
• Mere scope for misuse of an Act is not a ground to invalidate it
• In an ideal system, as long as every charge is judicially scrutinised and every investigation or prosecution is fair and honest, one need not worry about misuse and its adverse effects
• Also atrocities against Dalits are a grim social reality, necessitating a stringent law to combat it

Arguments presented

Constitution courts seek to preserve the spirit of such legislation on the one hand and to evolve guidelines to prevent its misuse on the other

Two judgebench ruling

No absolute bar on advance bails: Section 18, which bars grant of anticipatory bail to anyone accused of violating its provisions, is not an absolute bar on giving advance bail to those against whom, prima facie, there is no case.

No arrest on a mere complaint: It prohibited the arrest of anyone merely because of a complaint that they had committed an atrocity against a Dalit or a tribal person

Written permission needed in case of public servants:In respect of public servants, no arrest should be made without the written permission of the official’s appointing authority; and for private citizens, the Senior Superintendent of Police in the district should approve the arrest.