Society Free Of Caste Based Discrimination Will Remain A Distant Dream Unless SC ST Act Provisions Are Enforced In True Letter & Spirit: Delhi HC

The Delhi High Court has observed that unless the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are enforced in their true letter and spirit and the legislative intent underlying the Act is manifested, the vision of a society free of caste-based discrimination will only remain a distant dream.Justice Chandra Dhari Singh was dealing with a petition filed praying for quashing of an FIR bearing registered under sections 3(1)(r) and (3)(1)(s) of the Act. It was submitted that the petitioners and Complainant were known to each other and were neighbours and that due to some misunderstanding the quarrel took place between them, however, there was no intention to hurt the complainant. It was therefore submitted that the complainant had amicably settled all his grievances with the Petitioners vide a compromise-cum-settlement deed out of his free will and without any coercion.Touching upon the legislative intent behind the SC ST Act, the Court said the object of the Act is to improve the socio-economic conditions of the Scheduled Castes and the Scheduled Tribes as they are denied their civil rights. "Thus, an offence under the Act would be made out whenever a member of the vulnerable section of the society is subjected to indignities, humiliations, and harassment," the Court said. It added "The founding fathers of the Constitution were conscious of the harsh realities of the society and the discrimination that the members of the Scheduled Castes and the Scheduled Tribes have been subjected to. At the time of independence, the lofty ideals of liberty, equality and fraternity were just utopian principles that were although guaranteed by law, but not present on ground. It was for the welfare of the downtrodden and vulnerable that the ameliorative and remedial measures were brought in to ensure that their civil rights are protected and equality in principle is adopted in practice."The Court said that in a country like India with the vivid diversity and the plethora of fault lines, it is necessary to emphasise and re-emphasize that the unity and integrity of India can be preserved only by a spirit of brotherhood."In light of the aforesaid, it is important to reiterate that unless the provisions of the Act are enforced in their true letter and spirit, and the legislative intent underlying the Act is manifested, the vision of a society free of caste-based discrimination will only remain a distant dream," the Judge added. The Court therefore said that while dealing with the quashing of the criminal proceedings under the SC/ST Act, the Court should be extremely circumspect in its approach and cognizant of the legislative intent of the said Act.It said that in cases involving the offences under special legislations like the SC/ST Act, while considering the quashing of criminal proceedings, the social discrimination that prevails and the vulnerability of the weaker sections of the society as being prone to coercion, the Court should be more vigilant to ensure that the victim has entered into the compromise on one‟s own volition and free will and not on account of any duress. "If, while considering the same, there is an iota of apprehension of compulsion or coercion, no relief can be given to the accused. The factors to determine the volition/free consent of the victim would depend on the facts and circumstances and would vary from case to case," the Court said. The Court noted that in the instant case, the humiliation of the Complainant was totally unprovoked, uncalled for, with the sole intention of humiliating the victim for a petty sum of money. It said that offence in the instant case was preceded by a criminal intent of humiliating the victim on the basis of his caste and has been committed solely and consciously on account of the caste of the victim."Therefore, the offence in the instant case being not of a pre- dominantly civil nature and being committed solely on the basis of caste of victim, the rigors of SC/ST Act being a Special statute, enacted with a specific noble legislative intent that must be given effect in its letter and spirit, cannot be diluted by quashing the FIR in question on the basis of compromise. Thus, in the instant case, a case for exercise of extra- ordinary jurisdiction under Section 482 of the Code of Criminal Procedure is not made out," the Court held. Accordingly, the plea was dismissed. Title: PURAN CHAND GUPTA & ORS. v. THE STATE NCT OF DELHI & ANR.Citation: 2022 LiveLaw (Del) 181Click Here To Read Order

Society Free Of Caste Based Discrimination Will Remain A Distant Dream Unless SC ST Act Provisions Are Enforced In True Letter & Spirit: Delhi HC

Nupur Thapliyal

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