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shyam sunder agarwal (profession)     11 November 2009

SC/ST ACT

AFTER LOT OF AMENDMENTS , IT IS PITY TO HEAR THE CASES, NOWADAYS WHEN MR.A  IS CALLED OR ARRESTED BY POLICE ON THE CHARGES THAT SOMEONE MR.X HAS LODGED A COMPLAINT THAT MR.A HAS SAID WRONG WORDS AND HURTED MR.X BY USING WORDS AGAINST THE CASTE AND RACISM, AND IMMEDIATELY BEEN SENT TO REMAND AND BAIL IS REJECTED TWICE UNLESS MR.A ACCEPTS THE TERMS OUTSIDE THE COURT. SO MY QUESTION IS WHO IS BEING TORTURED BY SUCH LAWS AND HOW AN INNOCENT MAN CAN BE PROTECTED BY SUCH FALSE COMPLAINTS.UNDER SC/ST Act



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 12 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 November 2009

Can you reply which Act/law cannot be miused?

 

If all then why to target a particular Act?

 

Only becuase it is an effective weapon in the hands of otherwise depressed soceity ????

 

No law/act is above and over the human values.


(Guest)

As long as educated society supports reservation system such incidents will take place.  SC/ST atrocities act is misusing by SC/ST people for the sake of personal/financial gains.

manmohan (finance executive)     12 November 2009

may be

shyam sunder agarwal (profession)     11 February 2010

as mentioned earlier now the accused have got ample proof and evidence about the misuse by police and other complainants for their personal benefit. the accused is being tortured by police even after filing chargesheet in court by threat and demanding to handover the evidence, also by making him sit for wholeday in ps for signing in payroll and being harassed verbally .please show us the measure to fight in court or suggest whether the case can be quashed in high court with such proof and evidence.mattr urgent

R. Prasad (NA)     01 April 2010

My Dear Shyam,

You are giving your comment without applying your mind in analysing the things. Most of SC/STs are poor and weak in all respects. They are regularly harassed by powerfull people mostly, so called uppercaste, in public as well as inside door.

If these poor people are protecting themselves, according to law,  against such attrocities , what is wrong in it.

How many are free to complaint against powerfull people? How many complaints from SC/STs are recorded by powerfull people sitting inadminstration?

Please go, having a fair attitude, for a survey, collect data, analyse it then give ur remark. It does not mean that I am justifying any misuse of ACT/Law. I fully aggree with views of raj kumar makkad, Advocate.

The caste hierarchy is so placed in our blood that every person from upper caste feels that it is his inherited right to insult/humiliate SC/STs publically/privately like a father feels that it is his right to slap his son. When a father slaps his son publically/privately, there is no reaction in our society, but if son slaps his father it spreads like ... and every one in our society  reacts very adversely. Before reacting people should think that son is also human being as well as his father.

Td
 

shyam sunder agarwal (profession)     08 April 2010

dear mr.prasad.

i simply admire your thought of applying family view to this crime. my question is why the innocent people suffer due to the law which is used to harass people mentally as well as physically for monetary benefits or for personal enemity. what we suggest is to make it bailable so that one can prove himself clean without remanding to jail, for the act which is not proved at that stage.

there are certain incidents when even police is misusing the lower caste people for filing fir on certain dignitaries for their benefit and blackmailing them for loss of prestige.

so my aim is to make law which helps innocent, even justice says that not a single innocent should be punished and he should be given fair chance to prove himself innocent.

hope u see the society as fair one not by caste and creed.

R. Prasad (NA)     20 April 2010

Dear Mr. Shyam,

It is good to see your remark.  "family view to this crime" instead of understanding the things in correct manner, you have interpreted the things in reverse. "family view" - if a so called upper caste treats a so called lower cast like a "son", then there is no need of any act to protect such things. And it is very unfortunate that you are saying that if  one is protecting oneself by using an Act, is a CRIME and one who is abusing SC/ST is innocent.

Bhartiya No. 1 (Nationalist)     20 April 2010

Only few sc/st's r getting real benefit of the act. By this time casteism would have gone, had our politicians not dragged this issue again and again. Instead of doing good to this section, they are exploiting/getting advantage of their plight/condition.

R. Prasad (NA)     21 April 2010

dear Ashutosh Jayaswal

To get rid of the "weed" so to speak, one had to eliminate the root.

Td

 

shyam sunder agarwal (profession)     21 April 2010

sir, we would like to discuss about the law to be reviewed under the scanner of common human and not allegating each other as we are in court and one have to win the case instead reforming such laws .

Arup (UNEMPLOYED)     28 April 2010

mr makkad raised the correct point.

now a days every law is being misused.

we do not know how to come out from this trap.

Sudhir Kumar, Advocate (Advocate)     08 December 2011

Mr Makkar hs rightly pointed out. All laws and even all sceintific inventions are liable to be misused. All laws increase powers of state functionaries. WHy should society create a need for a draconian law?  Some malpractices like caste abuse, dowry demand, sati, female infanticide (now foreticide), narcotic trade etc had not only been rampant rather had been matter of pride for offenders. So the need of such laws.


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