In National Campaign for Dalit Human Rights v. Union of India, (2017) 2 SCC 432, it was determined that untouchability is no longer practiced and that Article 17 of the Constitution forbids it in all forms. Any impairment that results from being untouchable in accordance with Article 17 must be enforced, which is illegal and subject to legal penalties.
The Untouchability (Offenses) Act, 1955 was passed by the Parliament in order to give Article 17 its full legal and moral meaning. According to Sections 3 to 7 of the aforementioned Act, it was unlawful to impose any form of disability—religious, social, or otherwise—on the basis of untouchability.
The Scheduled Castes and Scheduled Tribes continue to be vulnerable in spite of several efforts to better their socioeconomic circumstances. A few of their civil rights are denied. Many offenses, indignities, humiliations, and harassment are perpetrated against them.
They have been brutally robbed of their lives and possessions in a number of instances. Due to a variety of historical, social, and economic factors, serious crimes are frequently committed against them.
The Scheduled Castes and Scheduled Tribes are attempting to establish their rights as a result of the knowledge raised among them by the dissemination of education, etc., and this is not being well received by the others.
Legal Provisions:
The SC/ST Act states in Section 18 that those who violate the Act are exempt from the provisions of Section 438 of the Code. When a person is arrested on suspicion of committing an offense under this Act, nothing in section 438 of the code applies to that situation. Reading the aforementioned clause makes it evident that violators of the SC/ST Act are not covered by Section 438 of the Code.
According to the complaint, the petitioners particularly mentioned the complainant's caste and insulted her and her family members, as well as physically assaulted them by yelling, "Beat the Mahar so that they should not dwell in the village.
In Vilas Pandurang Pawar & Anr v. State Of Maharashtra & Anr, it was stated that Section 18 of the SC/ST Act creates a hurdle for relying on Section 438 of the Code Ors, AIR 2012 SC 3316. Nonetheless, it is the court's responsibility to confirm the allegations in the complaint and determine whether a violation of Section 3(1) of the SC/ST Act has been shown prima facie. In other words, the accused are not eligible for anticipatory bail if there is a particular allegation in the complaint, such as insult or intimidation with the goal to degrade by using a derogatory caste term.
The application of Section 18 of the SC/ST Act when read in conjunction with Section 438 of the Code imposes a specific restriction on the issuance of anticipatory bail. No court shall consider a request for anticipatory bail where an offense under the SC/ST Act has been recorded against a person unless it makes a prima facie determination that the offense is not made out.
Therefore, there is little room to analyze the evidence and other information on file when evaluating the bail application. The court is not anticipated to engage in a critical examination of the submitted evidence. When a clause was added to the Special Act to protect members of the Scheduled Castes and Scheduled Tribes and since Section 438 of the Code prohibited the granting of bail, the clause in the Special Act could not be readily disregarded by a lengthy discussion of the evidence.
The Chhattisgarh High Court most recently declared that anticipatory relief can be granted when the alleged violation of the SC/ST Act appears to be "a misuse of law." Yet as stated, more information is required on what precisely qualifies as a "misuse of law" and what factors judges must take into account when granting anticipatory relief. Without it, investigations are still hampered by the inability to detain suspects for significant crimes, which ultimately falls on the shoulders of the victims who are supposed to be protected by the Atrocities Act.
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