CURRENT AFFAIRS
CURRENT AFFAIRS
Description
In a significant judgement, the Bombay High Court recently quashed a case filed under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The court ruled that the alleged offenses did not occur in a "public view," which is a critical condition for prosecution under the Act. This ruling highlights the importance of meeting specific criteria for charges to be valid under the SC/ST Act.
Background Of SC/ST Act
The SC/ST Act was established to protect Scheduled Castes and Scheduled Tribes from discrimination and violence. It defines particular offenses and their punishments, with a key provision requiring that certain acts of insult or intimidation occur in public, witnessed by unrelated individuals, for them to be prosecutable.
Afshamaskar Laikhkan Pathan Vs. State Of Maharashtra
In this case, the complainant accused the defendant of assault and caste-based abuse following a failed relationship. The complainant filed a First Information Report (FIR) citing offenses under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, which stipulate that the alleged incidents must have happened in a public place and been witnessed by others. However, the complainant’s allegations were not supported by any independent witnesses.
Court’s Rationale For Quashing Case
Justices Vibha Kankanwadi and Rohit Joshi of the Bombay High Court emphasized that insults or intimidation alone do not qualify as offenses under the SC/ST Act unless they occur in public view. The court referred to a previous Supreme Court ruling that underscored the importance of independent witnesses to substantiate the claims. Since there were no such witnesses, the charges under the SC/ST Act were dismissed, though other charges in the case remained intact.
Related Case – Shivalingappa B Kerakalamatti Vs. State Of Karnataka
In a similar case in September 2023, the Karnataka High Court ruled that a complaint involving assault and caste-based abuse could not be prosecuted under the SC/ST Act. The court determined that the alleged incident did not occur in public view, reinforcing the necessity for offenses to be observed by third parties in order to be prosecutable under the Act.
Supreme Court’s Interpretation Of Public View
The Supreme Court has consistently interpreted the "public view" requirement in previous rulings, maintaining that for the SC/ST Act to apply, the alleged offenses must happen in a location observable by others. This interpretation has led to the dismissal of cases where this condition was not met.
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