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Vishal Gupta (lawyer)     17 July 2009

Whether the SC/ST act is misused?

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.



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 15 Replies

J V Krishna (Central Govt Service)     17 July 2009

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

Kiran Kumar (Lawyer)     17 July 2009

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.

suresh kumar .P (advocate )     17 July 2009

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.

Swami Sadashiva Brahmendra Sar (Nil)     17 July 2009

yes it is grossly misused.

Shree. ( Advocate.)     18 July 2009

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.

Link:https://www.indiastat.com/crimeandlaw/6/incidenceofcrime/130/crimeagainstscst/17913/stats.aspx

Rakesh Kumar Singh (Advocate)     18 July 2009

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 .

P.Elamaran (Law Officer in a CPSU)     11 August 2009

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.

P.Elamaran (Law Officer in a CPSU)     11 August 2009

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.

Anil Agrawal (Retired)     14 September 2009

 Sec.498A, SC/ST Act, Domestic Violence Act are knee jerk reaction. The whole legal fraternity knows that they are openly misused.

L (service)     15 September 2009

In Hindu mythology Bhasmasura was an Asura or demon (just by saying asura or demon does not mean any negative aspect). He did hard penance to please the Lord Mahadeva, who, after praying to Lord Siva received a boon. Bhasmasura asked that he be granted the power that anyone whose head he touched with his hand should burn up and immediately turn into ashes (bhasma). Siva granted this request, but Bhasmasura thereupon started harassing the innocents, who preach Shiva & Dharma, he even attempted to touch the head of Siva with his hand. Siva fled, and was chased by Bhasmasura. Wherever Shiva went, Bhasmasura chased him. Somehow, Lord Shiva managed to reach Lord Vishnu to seek a solution to this predicament. Lord Vishnu on hearing Shiva's problem, agreed to help him out.

Lord Vishnu, in the form of Mohini, appeared in front of Bhasmasura. Mohini was so exceedingly beautiful that Bhasmasura immediately fell in love with Mohini. Bhasmasura asked her (Mohini) to marry him. She told him that she was very fond of dancing, and would marry him only if he could match her moves identically. Bhasmasura agreed to the match and hence they started dancing. The feat went for days at an end. As Bhasmasura matched the disguised Vishnu's move for move, he began to let his guard down. While still dancing, Mohini, struck a pose where her hand was placed on top of her own head. As Bhasmasura imitated her, he was tricked into touching his own head, and hence Bhasmasura immediately burnt up and turned into ashes.

The above story paves the way to the panacea for the subject of the post.........

Pre boon Bhasmasura is like the age old deprived people of the society or the woman who has been a victim of a dowry or violence etc..etc...for which they are struggling, doing penance to get attention.

Lord Shiva is the mechanism of the society which has drafted the laws like 498a, DV or SC/ SC Act to bless those who are facing hardships and doing penence to get attention....

The BOON is like DV Act or IPC 498a or the SC/ SC Act

Post Boon Bhasmasura harassing the innocents is like the malacious people who harass the innocents with 498a, DV or SC/ ST act...

Lord Shiva fleeding is like 'the society' which is itself being terrorised .....

Lord Vishnu is like the mechanism which ceases  this practise of misuse of 498a, DV or SC/ ST act.....

Conclusion - We conclude that Bhasmasura by being a demon or asura is never a 'good' or a 'bad' entity, when he has misused the boon only, has he become 'bad'.....

The society badly needs 'a mechanism' which can arrest the open misuse of 498a, DV, SC/ST act.

Ramdas Doiphode (service)     18 September 2009

Yes. On most of the time it is misused for settling personal score. In the prcess the genuine complaint may be overlooked.

Md Abdul Kadher (--)     09 November 2009

 yes, most of them are false. 

Himanshu Sahu (Law Student)     20 November 2010

Yes it is being misused by people to settle there their personal scores. People are nowadays using Acts such as of sec 498A,which is being misused by the women. The married women blackmails her in laws and as well as his husband taking an advantage of the the act. Even people are misusing the sc/st act heavily. They are committing wrong taking an advantage over their plight and trapping the innocent. This is a complete abuse of the act. Their should be some remedies to be provided as well, Their has to be a very levelled-up verification done and anyone coming to the Court and specially to the police first shouldnt be considered truthfull. However the Act should be made bailable so that the person can be set free by the court when proved innocent. As said  " 'justice delayed is justice denied' bt also justice given should be given to the Right ".As the JUstice delayed can be somehow be bearable but when givan to the false is the justice abused!!

Rakesh Mohan Gupta (Section Officer)     07 September 2011

Dear Sir,

Your views are absolutely correct in my opinion. The provisions of the SC/ST Act have been really misused by scores of people, grossly, for ulterior motives. It is not understood as to why the Govt. of India even after knowing all this, does not scrap the Law like the erstwhile POTA ?

Could you please suggest to me how to tackle a particular situation in which one falls after some one makes a false charge of caste based harassment caused to him or having utterd caste denoting words to him and also when such accuser raises 5-6 false/fake witnesses too to support his case?


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