Court Concerned Over Growing Misuse of SC/ST Act

Court Concerned Over Growing Misuse of SC/ST Act

New Delhi | Apr 02, 2010

A Delhi court has expressed concern over rising incidents of misuse of the SC/ST (Prevention of Atrocities) Act "to settle personal scores".
The court's observations came while discharging nine members of a family, including five women, from charges under the Act for allegedly using abusive words against their tenants who belonged to the Scheduled Caste category.
"Unfortunately, one comes across growing instances of cases where the provisions of this Act have not so much been invoked for the betterment of those to whom it seeks to protect, than by those who want to settle personal scores by giving to an otherwise ordinary dispute, the colour of an alleged atrocity under the Act," Additional Sessions Judge Kamini Lau said.
The court observed that the provisions of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, meant to protect the lot of the exploited sections, should not be allowed to be misused.
"Law cannot be the absolute property of a few and this court can only hope and appeal that the provisions of this Special Legislation are not abused by a few so as to ensure that its benefit is able to actually reach the exploited sections," ASJ Lau said.
"This court also will not be a privy to any exploitative situation of misuse and abuse of this Act whose abuse has otherwise raised serious concerns all over the country," it said.
Recently, the Uttar Pradesh government has been compelled to take up the issue in the state assembly for relaxing the stringent provisions of SC/ST Act to check its abuse without compromising with the security of the marginalised sections of the society, it pointed out.
In this case, the court noted that complainant, Kanaklata, 30, a Master of Philosophy from Delhi University, had changed her statement before the police on May 4, 2008 and invoked the provisions of the SC/ST Act against the family members of her landlord after talking to her lawyer.
"I find that the present case is a glaring example of abuse of a Special Legislation with stringent provisions which has been enacted to ameliorate the lot of the hitherto, under-privileged, deprived and marginalised section of the society," ASJ Lau said.
The court said that complainant Kanaklata had spared none as she had in her improved version of the complaint, roped in the entire family of Om Prakash Grover, a senior citizen, including all women members.
She did not stop at this and further implicated the brother of the landlord Ved Prakash, his wife and his daughter -in-law who are not even residing in the same house and are resident of another property at Mukherjee Nagar here, it added.

http://news.outlookindia.com/item.aspx?678490

Only officers should inquire into SC/ST atrocity cases: SP

Only officers should inquire into SC/ST atrocity cases: SP

March 29. 2010

Mangalore March 29: Superintendent of Police Dr A Subramanyeshwar Rao directed all police officers in the district not to handover cases under the SC/ST (Prevention of Atrocities) Act to Head Constables and Constables.

Addressing at an SC/ST grievance meet at the Police Guest House here on Sunday, Rao said that the police officers should directly conduct inquiry into such cases after visiting spots. Cases under the same SC/ST (Prevention of Atrocities) Act will be booked against those police officials, who do not respond to the complaints of Dalits properly, he warned.

The SP instructed that police should treat SC/ST complainants fairly and ensure that their complaints are registered properly. Treat all SC/ST complainants in the same manner you treat the rich, he said adding that cops should introspect themselves as to how members of the SC/ST communities were treated in their police stations.  Grievance meetings should be organised in all police stations on third Sundays of every month compulsorily. If the meeting was not conducted on the prescribed date due to any valid reason, the same should be conducted next day, Rao said. Initiative should be taken to create awareness on the provisions of SC/ST (Prevention of Atrocities) Act at the station-level grievance meetings, he added.

Talking about cases related to tresspassing or encroachment on land belonging to Dalits, the SP said that such cases should also be considered under purview of the SC/ST (Prevention of Atrocities) Act. Police should register cases under the Act if prima facie offense was sighted in the complaint, he suggested.

Action sought against SIs

Karnataka Dalitha Sangharsha Samithi District Convener S P Ananda said that action should be taken against Sub Inspectors Chikkaswamy Gowda and Raghava Padil for allegedly torturing an Akashavani transmission executive Sudhakar, who is a Dalit.
Ananda brought to the notice of SP that Uppinangadi Sub Inspector demanded Rs 1,000 bribe from a Dalit youth Vasanth for putting a stall at the annual festival ground. He said that the officer had threatened Vasanth and removed his stall forcefully.

Explaining another complaint, Ananda said that the Kavoor Police detained Rajappa and his two-year-old child from morning till evening without any reason. Rajappa and his family were staying in a house constructed on government land for the past 20 years. However, the police harassed Rajappa without any complaints, he added. 

SP A S Rao assured that the police will conduct inquiry into all allegations and take necessary steps to ensure justice. Meanwhile, answering to a query with regard to the defamation complaint filed by former Mangalore University lecturer Umeshchandra against a Kannada daily Editor and Reporter, DySP S Girish said that the inquiry is in its final stage. A chargesheet will be submitted before the court soon, he added.  Additional SP R Ramesh, DySPs B J Bhandary and C K Shashidhar were present.

http://mangalorean.com/news.php?newstype=local&newsid=174678

Dad's origin not only basis to fix child's status: Chennai HC

Dad's origin not only basis to fix child's status: Chennai HC

CHENNAI: Fixing the origin status of a child for the purpose of granting domicile or caste certificate on the basis of the origin of the father alone would amount to gender discrimination, the Madras high court has ruled.
"It cannot be disputed that both the parents are in equal footing, hence, the status of the child has to be decided based on the other relevant factors," Justice S Tamilvanan said. The judge made the observations while allowing a petition of D Vidjeacoumary of Puducherry, whose daughter R Arthi was denied the Scheduled Caste (Origin) certificate by the authorities of the territorial administration.
Her application for the caste certificate was rejected on the ground that the father of the child was not from Puducherry and that he had migrated to the Union territory about 18 years ago.
Vidjeacoumary, a Dalit woman born in 1962 in Puducherry, married V Ranganathan of Tamil Nadu over 18 years ago. After marriage he too moved to the Union territory. In September 1989, Arthi was born. When they applied for the SC (Origin) certificate for Arthi in 2007, it was rejected on the ground that her father did not possess the residential status in the Union territory.
Justice Tamilvanan, disapproving of the denial of certificate to the girl, said: "As contemplated in Article 14 of the Constitution, the state shall not deny equality of person before the law or the equal protection of the laws within the territory of India. Accordingly, no citizen shall be discriminated on the basis of religion, race, caste, sex or place of birth."
Pointing out that the territorial administration's counter-affidavit itself admitted that Ranganathan was residing in Puducherry for the past 18 years, the judge said: "In the instant case, both the parents of Arthi are permanently residing in Puducherrry and the girl is a resident of the state since her birth. Hence, I am of the considered view that denial of origin status to her based on the origin status of her father is certainly gender discrimination, accordingly violation of Article 14 of the Constitution." The judge then directed the authorities to grant SC (Origin) certificate to Arthi within four weeks.
http://timesofindia.indiatimes.com/city/chennai/Dads-origin-not-only-basis-to-fix-childs-status-HC/articleshow/6493724.cms#ixzz0yq8lSq8j

Court slams abuse of SC/ST Act ,SC/ST Act being misused

 Court slams abuse of SC/ST Act. SC/ST act being misused

August 15.2010

NEW DELHI: Concerned about the growing misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, a trial court has suggested to the commissioner of police that the final reports filed under the Act be monitored at a ''higher level to check its frequent misuse''.

The court's remarks came while refusing to take cognizance of a chargesheet filed by Delhi Police under various provisions of the IPC and SC/ST Act against three persons following a land dispute with S S Khemwal, a former deputy
secretary with the ministry of petroleum.

"The present case is just another glaring example of abuse of a special legislation having stringent provisions; so enacted to ameliorate the lot of hitherto, under-privileged, deprived and marginalised section of the society," additional sessions judge Kamini Lau said.

As per the case, Khemwal, a member of the scheduled caste community, filed a complaint in 2007 alleging that few men were illegally harvesting crop from his land and when he intervened they harassed and tortured him. He further alleged that there was a ''non-performance of duties'' by the public servants since despite the directions of the deputy commissioner, they did not enter his name in Khasra Girdawari (land records) for three consecutive years.

On the basis of his statement, police registered a case against the accused under various sections of IPC. The police later added Section 3(1) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, as the complainant belonged to schedule caste category.

After going through the records of the case, the court found that there was no substance in the complaint which could invoke the Act. Slamming the police for naming six revenue officers in the chargesheet, the court said that there was no sanction to seek their prosecution and further they cannot be prosecuted for discharging judicial and quasi-judicial functions.

The court also rapped an assistant commissioner of police (ACP), who investigated the case registered by Khemwal with Swaroop Nagar police station on September 21, 2007, for allowing himself to be played into the hands of the complainant.

"The investigating officer has filed the chargesheet against as many as nine persons without there being any material, this only makes this court ponder the reason why this has been done. Either the investigating officer is unaware of the fundamentals of criminal jurisprudence or he is absolutely indifferent to the consequences of his act," it said.

The court added that the complainant himself had till date not been able to establish his legal right over the land in question at village Nangli Poona that was earmarked by the government for allotment to persons living below the poverty line.

The court said that the Delhi Police chief should be informed about the manner in which the investigation was conducted and chargesheet filed in the case without any substance. "It is, therefore, necessary that the commissioner of police, Delhi, be made aware of the manner in which the investigations have been conducted and the chargesheet filed not only against three public persons but also against as many as six government officials without there being any basis for the same," ASJ Lau said.

http://timesofindia.indiatimes.com/city/delhi/Court-slams-abuse-of-SC/ST-Act/articleshow/6316444.cms#ixzz0zKZiMRsM

...............

Though meant for the oppressed section of society, the Act is often used to settle personal scores LAW cannot be the `absolute property of a few', a Delhi court has said while expressing concern over growing misuse of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, meant for the oppressed section of the society.

Additional Sessions Judge Kamini Lau said that court should not remain as `mute spectator' to the abuse of the law which was passed with an aim to improve the lot of a particular section of the society. Unfortunately one comes across growing instances of cases where the provisions of this Act have not so much been invoked for the betterment of those to whom it seeks to protect, than by those who want to settle personal scores by giving to an otherwise ordinary dispute, the colour of an alleged atrocity under the SC/ ST Act, 1989, the court said.

It said authorities should ensure that the legislation is used only to eliminate the exploitation of the marginalised members of the SC/ STs. Law cannot be the absolute property of a few and this court can only hope and appeal that the provisions of this special legislation are not abused by a few so as to ensure that its benefit is able to actually reach the exploited sections, the court said.

The court made the observations while refusing to take cognisance of a charge sheet filed by the Delhi Police under various provisions of the IPC and SC/ST Act against three persons following a land dispute with S S Khemwal, a former Deputy Secretary with Ministry of Petroleum.

The present case is just another glaring example of abuse of a special legislation having stringent provisions, so enacted to ameliorate the lot of hitherto under-privileged, deprived and marginalised section of the society.This court in a case like present will not remain a mute spectator to any abuse of the process of law. This court also will not be a privy to any exploitative situation of misuse and abuse of this Act, whose abuse has otherwise raised serious concerns all over the country, it said.

PTI

http://epaper.expressbuzz.com/NE/NE/2010/08/16/index.shtml

'Invoke SC/ST Act for anti-dalit crimes'

'Invoke SC/ST Act for anti-dalit crimes'

NEW DELHI: As the high court verdict in the Khairlanji rape-cum-murder case invites criticism from activists and intellectuals, Lok Sabha speaker Meira Kumar has underlined that heinous crimes against dalits should be booked under the Prevention of Atrocities (SC/ST) Act.
Kumar said the Khairlanji massacre was a crime perpetrated by non-SCs on SCs which should have automatically attracted the Act, but did not. "Such instances should be booked under the PoA. That will take care of everything," she told TOI.
The speaker was replying to queries in the backdrop of the Bombay High Court ruling which has commuted the death sentence to the accused and also ruled that the gruesome crime against Bhaiyyalal Bhootmange's family was one of revenge and not of caste prejudice.
Kumar's concern that crimes against dalits by non-dalits should be booked under PoA seems to nail the root cause behind the prosecution's failure to convict the accused in such cases.
The Khairlanji FIR did not mention the PoA and it is believed to have weakened the case. The lax probe triggered an agitation after which it was transferred to CBI.
The HC verdict delivered recently has led to criticism as it not only commuted the death sentence given by the Bhandara court to life imprisonment but also reiterated the "no-caste-crime" view. Bhootmange plans to appeal against it in the Supreme Court. But observers are concerned that the court did not see caste as having played a role in the murder of four persons including the gruesome rape of two women.
This has been a sticking point. Even when the Bhandara court's death sentence in September 2008 was acclaimed as landmark in the history of crimes against dalits, Kumar, as Union social justice minister, asked the state government and the Union personnel ministry to appeal against the verdict.
The post-high court order scene remains as grim with the issue even finding mention in the meeting of the National Advisory Council headed by UPA chairperson and Congress chief Sonia Gandhi on July 14. Narendra Jadhav brought the issue to the notice of the NAC chair and said the case had been weakened by the police failure to book the crime under the PoA.

http://timesofindia.indiatimes.com/india/Invoke-SC/ST-Act-for-anti-dalit-crimes/articleshow/6241849.cms