Why Not Section 3(1)(R)(S) Of Sc/St Act Bailable

The Declaration of Objectives and Reasons of the 1989 Act clearly outlines the goal of enacting distinct laws for Scheduled Castes (SCs) and Scheduled Tribes (STs) as follows: Scheduled Castes and Scheduled Tribes continue to be vulnerable despite several efforts to ameliorate their socioeconomic circumstances.

Recent years have seen an uptick in the worrying trend of atrocities being committed against vulnerable Scheduled Caste and Scheduled Tribe members, including raping Scheduled Caste and Scheduled Tribe members' women and forcing them to consume unpalatable items like human excreta.

The Protection of Civil Rights Act of 1955 and the standard provisions of the Indian Criminal Code have been judged to be insufficient under these conditions to prevent these offenses. As a result, it is critical to pass particular regulations to keep an eye on and discourage crimes against them by unscheduled castes and unscheduled tribes.

The same has also been reaffirmed in other Supreme Court rulings, including Prithviraj Chauhan v. Union of India and State of M.P. & Anr. v. Ram Krishna Balothia & Anr. (1995). (2020).

The Act is a social welfare law that aims to defend the constitutional rights of the SC and ST groups, as is evident from a reading of the goals. The Act penalizes crimes committed against a person only because they are a member of the aforementioned communities.

Is the sc/st act's section 3(1) (r)(s) bailable?

The Prevention of Atrocities Act has offenses that are both cognizable and non-bailable. This suggests that if any offense against the SC/ST is committed in violation of this Act, police have the authority to make an arrest without a warrant. Also, if the criminal is apprehended pursuant to the Act, no bail may be given.

Prior to making arrests in atrocity instances, there had never been a preliminary investigation. The Supreme Court changed the clause that said that no arrests could be undertaken without prior authorization per a judge's bench order.

Moreover, anticipatory bail rules were also abandoned. The social justice and empowerment minister declares that bail will only be permitted if there was no prima facie case following a ruling by the Supreme Court.

Case Laws:

• In Swaran Singh & Ors. versus State Through Standing Counsel & Anr. (2008), the Supreme Court explained the first half of the clause, stating that a location can be either public or private while still being in plain view of the general public. For instance, in this instance, the crime had been committed outside a home's gate. It was said that this location was open to the public. In a different scenario, let's say an offense takes place within a person's flat while members of the public are present; yet, it would still qualify as an offense under the 1989 Act because it is visible to the public. It would also be illegal under the Act if the alleged incident took place on an open lawn outside the house that was visible to the general public.

• The Delhi High Court's decision in Daya Bhatnagar & Ors. versus State examined the characteristics of "public view" or the "public persons" observing the incident (2004). The top court ruled that while the number of public figures does not matter, they must be fair, independent, and disinterested in any one party. These individuals must be separate, unknown to the parties, and free from any personal or professional links or vested interests.

• In the case Manimegalai versus State of Tamil Nadu & Ors. In the year 2021, while the woman and her husband were on a stroll by a school, three people made disparaging remarks about her caste. According to reports, only her husband saw this, and no members of the public were present. The Madras High Court ruled that as the spouse cannot be considered autonomous and a member of the public, the same would not be considered an offense under the 1989 Act.

Lawyers in Noida can be searched if the case has been filed in Noida. Moreover, if the case has been filed in Mumbai then lawyers in Mumbai can be appointed. If the case has been filed in Delhi, lawyers in Delhi may be appointed there.

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