sc/st act 1989

Mr. Krishnarao

Very nice topic - placed before a suitable forum.

The govt. wouldn't repel the said act till another 100 years, so you don't think that way. Better solution would be to bring a parallel law for protecting upper class people from harassment of sc/st people by mis-using the said act.

The complications start for a complainint/informer when he/she formally goes to lodge a complaint under the SC/ST act.In gujarat the separate cells have been made for the enforcement of SC/ST act.But,even the lawyers differ in Gujarat on filling a case under SC/ST act.Some say the state govt has made it mandatory to deposit a sum of Rs.20000 by complainint before lodging a complaint.Secondly.these cells are located in such places,which are made unaccessible to general public.So,contrary to the practice adopeted at the police stations,the entry is restricted in this cells.One will have to convenience the security official with the name of the person he wants to meet with.The local police stations under the commissionerates have no jurisdiction to lodge a complaint under the SC/ST act in Gujarat.Even the complaint with 0 number is not registered with the local police station,which is contrary to the CRPC provisions.In each cell they take care the number of complaints does not exceed 10.The officials become touts and try the parties to come to a settlement.So that,their ranks are not lowered.The cells have very low workload and they take their fullest possible time to investigate a case,which must be investigated,otherwise,they may take the settlement route.

The best possible remedy is that the local police should be relieved from SC/ST act enforcement act in Gujarat.Because local level officials come from the routine mentality and they still believe in untouchability.So,there is a need to establishment of a Central Agency in gujarat for enforcement of SC/ST act.

mr john 

I am not asking about the implementaion of the act  .It was implemented in order but it is being misused on upper cast persons .

so it is to be scraped or amended suitably 

It is being used as wepon and the upper cast persons instead of fighting against it loosing their dignity / property / money / time / even jobs / increments /  and posing as harrasment on upper

 cast personalities .

regards

T.KRISHNA RAO 

Sir,

I respect your views.

There may be some incidents where it could have been misused.

But I talked with reference to gujarat.I live there and I am attached to the ground realities here.

Castism is so deep-rooted here that apart from govt offices,the staff of the private and so-called "corporate" offices is highly influenced by the upper caste factors.Even the maritorious backward class candidates have got no room of their career development even in the corporate sector,where it is said that only the performance matters.But in gujarat the Caste matters and not the performance.

There are some other states also,like Haryana and UP,where there is still dominance of upper caste.

So,this is my point.

REGARDS

I want say practical example. There are three persons in the govt office .out of which one is SC/ST staff as asst .The other two staff are one head of the dept and other one is all a junior and of equal cadre to the SC/ST staff .

The two junniors will have their responcibilities as per the job requirement .

The SC/ST staff will not do any work nor he comes to office in time .

He will threten the boss and junior his co staff he will give complaint and take the help of the said act and file  complaint if you ask me any questions .reg his job .

He will threten to file a complaint under the above act ..

Here there is no mistake of boss or his co staff . Their version is they are asking only to do the duty as per the job allocation and asking to come to office to do his duty .

Here the staff is misusing the act and the the boss and his juniors are doing his duty. .

So Iam asking the for scraping of the act or give or provide one more act for protection of the higher cast .

regards.

T.KRISHNARAO