How To Prove I Was Charged A Fake Sc/St Case ?

SC/ST Atrocities Act was introduced with the objective of providing protection to the people belonging to the Scheduled Caste and Scheduled Tribe community from social disabilities in the form of denial of access to certain places or using the common customary pathways, personal atrocities as forcing to drink or eat inedible food, sexual exploitation, malicious prosecution, etc.

To counter fake cases of Atrocity

As has been mentioned, the purpose of enacting the SC/ST Act was to protect people who belong to the SC and ST communities from any verbal or physical abuse or harassment caused as a result of the belief of the supremacy of the caste system. However, the provisions which were initially laid down to cure the atrocities of the SC/ST community can not be misused to harass individuals belonging to the other communities. Actions mentioned below could be taken by an individual if he is being threatened with a fake atrocity case under the SC/ST Act.
Every person including individuals belonging to the SC/ST community has rights and duties provided by the Constitution of India. Articles 14, 20, 21, and 32 of the Constitution of India ensures the rights of citizens including the right to move to the Court if there is an infringement of these rights.
Article 14 of the Constitution of India ensures the right of equality before law irrespective of one’s caste, place of birth, sex as well as religion. The law treats every individual in a similar manner as well as equally ensuring the objective behind enacting the law in the form of the SC/ST Act. The intention of the legislature behind the introduction of the Act can not be misused by threatening people by filing false cases.
Also, the Constitution provides with the protection that an individual could not be prosecuted twice for an offence nor should he be imposed with a penalty which must not be greater than what has been assigned. If a fake atrocity case has been filed against you with an intention to take personal vengeance under the SC/ST Act, you have the right to file a writ petition against the infringement of your rights as provided under Art 32 of the Indian Constitution.
Every person has a right to protect his/her life as well as personal liberty. Any violation or infringement of these rights as provided by the law could lead to prosecution. As has already been mentioned above, a writ petition can be filed in the Supreme Court in the event of infringement of any of your rights due to fake atrocity cases, as has been provided under Article 32 and could be filed before the High Court under Article 226.
A defamation case can be filed as well under section 499/500 of the Indian Penal Code in a situation where an individual belonging to the SC/ST community threatens to file a fake atrocity case against you. For further information the subject, you may contact Top Lawyers In Delhi or Top lawyers In Mumbai.

Recent changes brought under the SC/ST Act-

In order to stop the 'rampant misuse' of the SC-ST Prevention of Atrocities Act 1989, the Supreme Court announced new rules in 2018. As has been provided under this Act, any kind of verbal, ritual, or physical violence against a member from the untouchable community, i.e. the SCs and STs, must be categorised as a criminal act. The Act also provides for punishments in case of these criminal acts.

New guidelines have been issued In the case of Dr. Subash Kashinath Mahajan vs. the State of Maharashtra. While passing the verdict, the Bench of two-judges, found that around one-quarter of the cases which are filed under the SC-ST Act are fake complaints.

As per the new guidelines, provision for anticipatory bail has been included, even though strict prohibitions over anticipatory bails were initially mentioned under section 18 of the SC-ST Act. An application for anticipatory bail can be filed by contacting the Best lawyer In Delhi who will help you draft and file applications for anticipatory bail in the proper manner prescribed.

Even though a fake case is filed under the Atrocities Act, the Indian judiciary must be trusted to deliver justice. Sooner or later the court is going to find the truth from the facts and circumstances of the case. Also, if a fake case has been registered against you under the SC-ST Act, you can always hire a lawyer from Lead India to in order to file a counter-complaint with the police against the fake case against such fake case, as well as the case of defamation under Section 500 of the Indian Penal Code could be filed as well. Thus, if you wish to talk to a lawyer for further information or seek free legal advice online, you may contact us.