Shishir KumarRanchi
It was in 2005 that the Supreme Court upheld the constitutional validity of Section 498 A (Dowry Act) of the Indian Penal Code and termed it as legal terrorism, now another section of the IPC is slowly proving its claim for the same title.
Jharkhand in the past years has witnessed a high rise in the cases registered under The Schedule Caste and Schedule Tribe (prevention of atrocities) Act 1989. The affect of the misuse of the cases has been felt in all section of the society be it the slum dwellers or the big fame politicians.
The State Capital too has witnessed many high profile cases relating to the misuse of the SC/ ST act. A higher official of a public sector company lodged a compliant under this section on his neighbour after they had fight over a petty issue. Another social activist had to face the tyranny of the law after he tried to resolve a land dispute on a tribal land.
It is not that the SC/ ST themselves are responsible for the mass misuse. “The law is sometimes being misused by the people of higher class. They pay some poor people and get a case lodged against the people they have enmity with,” claimed a police officer on condition of anonymity.
MS Bhatia, SSP Ranchi too agreed to the fact that the law is being misused. “The law was made with an intention to safeguard the rights of the individual who were supposedly the weaker section of the society. We cannot say that the law is not fulfilling the motive with which it was created, however, there is no doubt a mass misuse o the law going on,” the SSP added.
The severity of the act can be imagined by the fact that a person cannot get anticipatory bail if a case under the SC/ST act is lodged against him. “It is a secondary thing if the case is right or wrong. Anticipatory bail is not granted in these cases. Besides, a person is liable for an imprisonment of 6 months to 5 years with fine if the charges are proved true,” Sanjay Kumar Thakur, lawyer, Jharkhand High Court said.
The Act lends itself to misuse and abuse by the powers that be. The fact of its misuse was well established when the Mayawati, CM - Uttar Pradesh and an activist of ST/ SC right, admitted as much when she said that she would ensure strict implementation of the said Act in UP while ensuring at the same time that it was not misused.
Meanwhile, the police is also reluctant is speaking about the law. “If we do not take action in such cases and refuse to register case, the law says that the law implementing agency, which means police can also be booked. We are almost helpless,” claimed a police official on condition of anonymity.
The Delhi High Court had too taken up the issue seriously and warned against the abuse of a special legislation to protect the interests of Scheduled Castes and Scheduled Tribes to settle personal scores, saying any attempt to "This legislation has been enacted with a sole object to prevent the commission of offences and atrocities against the members of SC’s and ST’s and any abuse of the same tends to dilute its sanctity and implementation in genuine cases," Additional Chief Metropolitan Magistrate Kamini Lau said in a recent order.
With a nation wide awareness going on about the misuse of the The Schedule Caste and Schedule Tribe (prevention of atrocities) Act 1989 – Jharkhand is still to take its first step in countering this menace.
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