Sc st act
Samanth kumar
(Querist) 15 May 2015
This query is : Resolved
Dear experts sc st act is applicable for those who are converted Christian Dalits or not ? Is atrocity case is eligible on Dalit Christians of BC caste ?
Sudhir Kumar, Advocate
(Expert) 16 May 2015
repeated
facts stated on
http://www.lawyersclubindia.com/experts/Prevention-of-atrocity-537931.asp
Sudhir Kumar, Advocate
(Expert) 16 May 2015
the criminal liability applied to
"Whoever, not being a Scheduled Caste or a Scheduled Tribe"
So Christian of any type is not Scheduled caste. He may be ST and not relevant if he is merely BC.
Samanth kumar
(Querist) 16 May 2015
One poor man belongs to sc is facing repeated harassment from a rich man . Rich man is doing business and borrowing money from many people for interest., he taken 1lakh from this poor man also. Few months gave interest, now not giving interest. So he is asking for his original amount 1lakh at least. Now he is not giving interest and main amount and reversely he is talking abusively and don't come into my house, talk from outside the gate of house by sc caste, I don't give money what ever you do or give complaint I don't bother like that. The fact is that rich man is belongs to BC caste, that is Dalit Christian. I told him to give a written complaint to SP. Is the atrocity act is applicable for BC Christian Dalits or not.? One is telling applicable and another one is telling not applicable. So dear experts please reply the fact.
Sudhir Kumar, Advocate
(Expert) 16 May 2015
I reiterate the views
the criminal liability applied to
"Whoever, not being a Scheduled Caste or a Scheduled Tribe"
So Christian of any type is not Scheduled caste. He may be ST and not relevant if he is merely BC.
Sudhir Kumar, Advocate
(Expert) 16 May 2015
THE FOLLOWING ARE THE OFFENCES UNDER SECTION 3 OF THE ACT. PLEASE SEE IF THE CASE OF NON-REFUND OF LOAN FITS IN
Section 3. Punishments for offences of atrocities
(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,-
(i) Forces a member of Scheduled Caste or Scheduled Tribe to drink or eat any inedible or obnoxious substance;
(ii) Acts with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood;
(iii) Forcibly removes clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;
(iv) Wrongfully occupies or cultivates any land owned by, or allotted, to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred;
(v) Wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water;
(vi) Compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do ‘begar’ or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government.
(vii) Forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law;
(viii) Institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe;
(ix) Gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;
(x) Intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;
(xi) Assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty;
(xii) Being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed;
(xiii) Corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Caste or the Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used;
(xiv) Denies a member of a Scheduled Caste or a Scheduled Tribe away customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use of access to;
(xv) Forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place or residence, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, -
(i) Gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or Scheduled Tribe to be convicted of an offence which is capital by the law for the time being in force shall be punished with imprisonment for life and with fine; and if an innocent member of a Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of such false or fabricated evidence, the person who give or fabricates such false evidence shall be punished with death.
(ii) Gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is not capital but punishable with imprisonment for a term of seven years or upwards, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years or upwards and with fine;
(iii) Commits mischief by fire or any explosive substance intending to cause or knowing to be likely that he will thereby cause damage to any property belonging to the member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months such any extend to seven years and with fine;
(iv) Commits mischief by fire or any explosive substance in ending to cause or knowing it to be likely that he will thereby cause destruction of any building which is ordinarily used as a place of worship or as a place for human dwelling or a place of custody of the property by a member of a Scheduled Caste or a Schedule Tribe, shall be punishable with imprisonment for life and with fine;
(v) Commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of a ten years or more against a person or property on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine;
(vi) Knowingly or having reason to believe that an offence has been committed under this chapter, causes any evidence of the commission of that offence to disappear with the intention of screening the information from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, shall be punishable with the punishment provided for that offence;
(vii) Being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term, which shall not be less than one year but which may extend to the punishment provided for that offence.
T. Kalaiselvan, Advocate
(Expert) 17 May 2015
A member of SC community if converted to Christianity he loses his status of person belonging to SC community hence he cannot make a complaint under the prevention of atrocities against SC ST community people Act. He has to look for some other way for recovering the money lent.
