{"id":143201,"date":"2021-10-26T20:06:24","date_gmt":"2021-10-26T14:36:24","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=143201"},"modified":"2021-10-27T10:08:17","modified_gmt":"2021-10-27T04:38:17","slug":"can-quash-sc-st-act-cases-if-civil-offence-top-court","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/can-quash-sc-st-act-cases-if-civil-offence-top-court\/","title":{"rendered":"Can quash SC\/ST Act cases if \u2018civil\u2019 offence: Top Court"},"content":{"rendered":"\n

Synopsis<\/strong>: The strict provisions of the SC\/ST act are designed to protect the dignity of marginalized sections of society. But can a compromise be allowed under special circumstances?<\/p>\n

Introduction<\/strong><\/h5>\n

A recent case from Madhya Pradesh where a property dispute, essentially civil in nature, led to a casteist slur between the two parties. The two parties in question reached a settlement outside the court, and a petition of compromise was filed in the case.<\/p>\n

Now the SC ruled that it can invoke its power of Article142<\/a><\/strong> of the Indian constitution or HC under section 482 of the Code of Criminal Procedure<\/strong> to quash proceedings under SC\/ST Act.<\/p>\n

What is the need for special protection for SC\/ST communities?<\/strong><\/h5>\n

The SC\/ST act was passed to ensure that marginalized segments of society are not targeted. It grants police the power to arrest without the need for a warrant from a magistrate.<\/p>\n

The act was enacted keeping in view the constitutional safeguards enumerated in Articles 15, 17 and 21<\/strong> of the Constitution. This serves a twin-fold objective of protecting the members of these vulnerable communities, as well as providing relief and rehabilitation to the victims of caste-based atrocities.<\/p>\n\n\n\n
Read here<\/strong>:\u00a0SC\/ST (Prevention of Atrocities) Act: New developments and Evolution<\/a><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The Act is a recognition of the fact that the Scheduled Castes\/ Scheduled Tribes continue to be subjected to various atrocities at the hands of upper-castes. It was enacted to deter acts of indignity, humiliation and harassment against members of Scheduled Castes and Scheduled Tribes.<\/p>\n

Under what circumstances can the proceedings be quashed?<\/strong><\/h5>\n

The court can exercise its powers to quash the proceedings under SC\/ST law in the following circumstances:<\/p>\n

-Where it appears to the court that the offence in question, is primarily private or civil in nature, or
\n-Where the alleged offence has not been committed on account of the caste of the victim, or
\n-Where the continuation of the legal proceedings would be an abuse of the process of law.<\/p>\n

What should be the way forward?<\/strong><\/h5>\n

Undoubtedly, the crimes which hurt the dignity of an individual should not have the provision of allowing a compromise. But if the nature of the dispute is civil and the parties have reached a settlement, courts have taken the right perspective to allow the case to be quashed.<\/p>\n

Source:\u00a0<\/strong>This post is based on the article “Can quash SC\/ST Act cases if \u2018civil\u2019 offence: Top Court”\u00a0<\/strong>published in the\u00a0Indian Express\u00a0<\/strong>on 26th October 2021.<\/p>\n

Terms to know<\/strong><\/p>\n