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Elamaran Perumal (Law Officer)     19 January 2010

Rate of conviction under SC/ST Act-1989

Dear Friends,

I would like to bring to the kind attention of the intellectuals in this august forum about the shocking and the very abysmal or almost zero rate of conviction under the SC/ST Act. The important reasons for such shody functionings of the law enforcing establishment are 1)this SC/ST Act majority occsions enforced mainly by the caste-hindus,2)Chavinist tendency on the part of the enforcement authorities,3)Serious lethargy on the part of the Centre and State Governments in India with regard to the strict implementation of this Act,4)No change of mindset among the upper caste officials etc. There is not even a single day which passes in India without the attrocious attacks on SCs/STs. Even in this so called cyber age, these marginilised sections are seriously discriminated on various grounds. In this 21st Century, despite all the Constitutional and Other Legal Protections, this most vulnerable section (Dalits) of Indian Society is still being taken for ride in various heart breaking ways by the Caste-Hindus. Still Dalits are prevented from entering the Temples,not allowed to wear even chappals murdered and Dalits women are raped simply on based on upper caste chavinist attitude. Please refer to Todays Chennai Edition of The Hindu Paper. Therefore, I request all super Intellectuals who are vehemently clamouring for abolition reservation policy against SC/ST People kindly first have to all possible steps to eradicate inhuman caste system in this country the before putting up their strong argument for abolition of reservation policy. Let the chavinist mindset of the caste hindus first change and let 1000s and 1000s of inter-caste voluntarily take place if these things happen then there will not be any requirement for reservation policy.If the caste based economic inequality is demolished, then there will not be any necessacity for reservation policy.


 6 Replies

Bhartiya No. 1 (Nationalist)     20 January 2010

This is a very sad thing in our country. Every citizens have right to live with dignity. Unfortunately our system is failed to protect the weaker section of the society.

1 Like

Bidhan Dave (Advocate)     08 March 2010

You must understand that most of the cases under S.T/S.C cases are false. Many times the provisions of the act is misused to settle the private disputes of right of way etc.

I have come across a case wherein the upper caste boy was in love of girl belonging to S.C. & had shown courage to  marry a girl of lower caste. The father of a girl had filled a complaint under IPC sec. 363, 366, 376 & Atrocity Act. The police had arrested the boy & remanded to police custody & judicial custody. Police had fabricated the statement of girl & mentioned that the boy had lured her & had intercourse without her consent. As a result the boy was not bailed out through the trial. I must appreciate that despite the pressure of parents, the girl had deposed that both girl & boy are having affairs & they have eloped willing to get married.

Many times police are pressurized to add section under Atrocity Act to get compensation from the state government, which is Rs. 50 ,000 - 00 to 1, 00, 000 - 00. It is very easy to blame but introspection is required so far the application of S.T./S.C. Act.

I strongly feel that this act had divided the society on a caste line. If we want to establish the casteless society, we must take bold decision & remove this act from our statute books. In fact this act was invented for "VOTE BANK" politics.

Bhartiya No. 1 (Nationalist)     09 March 2010

Yes dave sir, Politicians are carrying on the divide and rule policy. Had these special provisions/reservations or preferences been not there on the basis of castes, by this time hatred would have gone. It is the persons who used to be weak not caste or gender. These acts have done more harm than good. At least it is not good in this corrupt machinery. Misuse of this law must stopped.

bhoomikashukla (exec)     20 April 2010

Can anybody tell me whether one on whom SC/ST Act is imposed and that person has been given the order to be in judicial custody from Session Court (correct me,if am wrong,I mean not the High Court) for 4 yrs,is that person is able to get bail?

what if that person puts the case to High Court,will that person gets the bail?

Plz  answer my query,I will be really grateful.




Bidhan Dave (Advocate)     22 April 2010

Your question is not very clear. I believe after conclusion of trial your person is held guilty & imprisoned for 4 years by the Session Court. In this situation your person can certainly file an appeal to the High Court & in the appeal your person can also pray for the stay of sentence & bail pending final decision of the appeal.

Syed Asif   24 September 2019

I have an Complaint regarding of my land which on we are living from last 45 years on the govt land the document is Hakku Patra issued by karnataka govt now the total land has 45 acres has been there from all records but Some SC people are coming and arguing that on 1925 the govt has sanctioned 2 acres land sanctioned to his grand father and we have our own group and we have govt and all like they are saying and forcing to make settlement by giving or taking the land for 25 lakhs otherwise we will give an autracity case like that but by current Paani 45 acre land showing forest land only. And they have filed an autracity case on our father by giving 15 lakh to withdraw that case can we file a complaint regarding this now for cheating and making false complaint .

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