RECENT JUDGMENT RELATED TO SC/ST POA ACT 1989

RECENT JUDGMENT RELATED TO SC/ST POA ACT 1989

AUTHOR- DEEKSHA MISHRA, STUDENT OF LNCT UNIVERSITY

The scheduled castes and schedule tribes (Prevention of Atrocities) Act, 1989, often referred to as the SC/ST POA ACT, is a crucial piece of legislation aimed at protecting the rights and dignity of marginalized communities in India. In recent years, this Act has been at the center of several significant legal judgments and developments. This article explores some of the notable judgments and changes related to the SC/ST POA ACT, highlighting their implications and the ongoing debate surrounding its implementation. The act provides for stringent punishment for those who commit atrocities against SCs/STs and includes provisions for the protection of victims and witnesses.

In recent years, the supreme court of India has issued a number of judgments related to the SC/ST POA Act. These judgments have dealt with a variety of issues, including the interpretation of the act, the rights of accused persons, and the role of the police and the judiciary in implementing the act. 

One of the most significant recent judgments related to the SC/ST POA Act is the judgment in the case of Prithivi Raj Chauhan v. Union of India (2019). In this case, the supreme court upheld the constitutional validity of the 2018 amendment to the SC/ST POA Act, which had restored some of the provisions of the act had been diluted by previous judgment of the court. The supreme court held that the 2018 amendment was necessary to protect SCs/STs from atrocities, and that it did not violate the fundamental rights of accused persons. The court also held that the provision of anticipatory bail under the SC/ST POA Act should be granted sparingly, and only in exceptional circumstances

Another recent judgment related to the SC/ST POA Act is the judgment in the case of State of Madhya Pradesh v. Rameshwar Prasad (2021). In this case, the supreme court held that the police are required to register a first information report (FIR) under the SC/ST POA Act on the basis of a mere allegation by an SC/ST person. The court also held that the police are not required to conduct a preliminary inquiry before registering an FIR under the Act. The supreme court’s judgment in the case of State of Madhya Pradesh v. Rameshwar Prasad is significant because it ensures that SCs/STs have prompt and effective access to justice when they are victims of atrocities.

In addition to these two judgments, the supreme court has issued a number of other recent judgments related to the SC/ST POA Act. These judgments have dealt with a variety of issues, including the following:

• The interpretation of the term ‘’atrocity’’ under the act

• The rights of accused persons to bail and fair trail

• The role of the police in investigating and prosecuting cases under the act

• The role of the judiciary in monitoring and enforcing the implementation of the act

The supreme court’s judgments on the SC/ST POA Act have been instrumental in ensuring the effective implementation of the act and the protection of SCs/STs from atrocities.

CONCLUSION

The SC/ST POA Act, 1989, is a vital piece of legislation aimed at protecting the rights of historically marginalized communities in India. Recent amendments and legal judgments have sought to strengthen its provisions and ensure a more effective implementation. However, challenges and controversies persist, underscoring the need for ongoing efforts to balance its stringent provisions with safeguards against misuse. Ultimately, the act plays a crucial role in addressing historical injustices and working towards a more equitable society for all.