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kislaya tripathi (advocate)     28 June 2011

Misuse of Harijan act in U.P.

how to tackle misuse of harijan act in u.p.  if some one is arrested in false case. what should he do?



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 7 Replies

Kiran Kumar (Lawyer)     28 June 2011

unfortunately this situation is prevailing everywhere, in Punjab also the SC & ST Act has been misused to a larger extent.

 

in fact with a rapid socio-economic change the laws have not been amended according to the needs.

 

since the SC & ST act does not contain provision for Anticipatory Bail, the courts grant Regular Bail on the very first date itself (Surrender and Bail).

 

you may go for quashing petition if the allegations are totally false there is a clear misuse of process of law.

Saurabh..V (Law Consultant)     28 June 2011

This is the worst law ever. If some "Harijan" uses foul language in public against any other community then it it normal and treated under defamation or simple other IPC and certainly easily bailable. But when any other community says anything to them, they can go to police without any proof and say that somebody used unparliamentary language and this is non-bailable.

 

Rubbish Govt. ... Rubbish Laws

 

They have successfully and permanently made a dent in everyone's heart against each other. The general category hates the reserved/scheduled category and same is vice-versa. Had these laws been equal for all, there might have been better and higher chances of social integrity and peace.

 

As soon as I complete my education in law, I'm going to file atleast 5 writs to take Hon'ble Supreme Court's assent on srtiking down such filthy, biased and useless laws.

 

//peace

/Saurabh..V

1 Like

himanshu harbola (Comp. Sec.)     28 June 2011

@ saurabh

u can even file writs in the capacity of a law student.....

Saurabh..V (Law Consultant)     28 June 2011

@Himanshu

 

This will require TIME and MONEY.... which I would have once i complete my LLB

 

//peace

/Saurabh..V

kislaya tripathi (advocate)     28 June 2011

Thanks kiran kumar ji but if the problem continue weather a aggrieved party can approach to Human right commission or any other platform   

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     28 June 2011

Dear Kislaya,

If there is a crime filed as per SC/ST act, the accused has no other alternative than to get bail, either as anticipatory or regular. There after he can file a petition before the HC to qash the lower court proceedings stating the misuse of the act.

This is very unfortunate that this Act has been apparently  misused but nobody takes any step to reform it.

SACHIN AGARWAL (ADVOCATE)     05 July 2011

Dear Mr. Sanjeev,

The provision for Anticipatory Bail is not applicable in U.P.


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