As per my view yes. in most of hte cases the cases are registered without verifying the facts and on mere suspicion. the cases are registered. more over the provisions of this act are used to settle some personal score. members are welcome to comment.
since the two decades of coming into force, the sc/st act more misued than properly used for right purposes. in my opinion it is more worst than the scrapped pota. while pota was in fact aimed at prevention/control of terrorism, this sc/st act is certainly being used against personal malaise. what is the remedy for misuse of this act? what are the possible best defences against misuse? are there any case laws? pl let me know.. regards
yes it has been misused occasionaly to settle personal scores.
we all know its all political and nothing else.
since there is no provision for Anticipatory bail in SC/ST act but the courts also know abt the misuse so courts have also devised their own procedure, the trial courts would grant bail on surrender....i.e. bail on the same day of surrender.
remedies and defences all depends upon the facts and circumstances of the case no set formula can be devised in this context.
Not all the cases are same. for example even sec498-A and DVC act are misused by wifes. even a small hard talk between wife and husband may lead the way of courts.But do we think that all women are not harrased by thier cruel husbands?. the same in case of sc/st act. there are many circumstances which are genuine.
This act is absolutely headless, simply misused by numerous people. It is more used to settle personal disputes or extorting money. It is more misused than used. Should be banned immediately or be amended properly so that there is no misuse.Below LINK tells the story.
st/sc act misused intoto to harass the people unnecessary. one section of the upper class people implicated others to settle personal score. sc/st people also used people pressurised the collegues / villagers . It should totally be scraped .
I this Act is the only protective weapon available to the most oppressed section of the Indian society, there is not even an iota of doubt about. There are still hundreds and hundreds of attrocities caused to SC/ST people across India on a daily basis who will come and save them from annihilation. We cannot and should not scrap this Act as it has to be decided on the floor of both the houses of Parliament. Even in this digital age , oppressive and suppressive activities against SC/ST continue unabatedly. On 70% occasion this Act is not misused.
I salute Mr.Suresh Kumar, one of the hon'ble members of this august forum for expressing his views in a bold and gutsy way. The innumerable amount of attrocities caused to these most disadvantaged section of this great,great,great,great great country is a harsh reality, no one can deny that. Thanks Mr.Suresh for superb comments, you deserve a million salute from me.