Supreme Court’s decision on SC/ST Act.
Due to the registration of fake complaint and also for becoming a hurdle for the government sector employees to work properly, the Supreme Court has made a little amendment to the SC/ST Act.
According to the National Crime Records Bureau, there are more than 180 million Dalits in our country. According to a survey, the crime against the Dalits increased by 66% from 2007 to 2017. Every 15 minutes there is a crime against Dalits in our country. Every day about 6 Dalit women are raped.
But the Supreme Court of our country believes that the SC-ST Act is being misused and used to trap anyone with false motives, So the Supreme Court has ordered that now under the SC-ST Act, the arrest will not be done immediately and the court has also said that before filing a case under the SC-ST Act, examine the complaint thoroughly.
Important points in Supreme Court’s judgement
If a case of SC / ST harassment is filed against anyone, then he will be able to apply for anticipatory bail. If the court feels that the case is baseless or has been filed with the wrong intention, then he/she can get anticipatory bail.
The approval of the competent authority of their department will be necessary before their arrest under the SC / ST Act against the government employees. For the rest of the people, the permission of the Senior Superintendent of Police (SSP) of the district will be necessary
On receipt of a complaint under this Act, a primary investigation will be done by the DSP level officer. It will be their responsibility to see whether the matter is really made or complained of just trying to implicate them. Only then the case will be registered
What was the whole case
The matter was from Maharashtra. A college headmaster and department president made some adverse comments in the service record about the functioning of an employee. The staff was from the Scheduled Caste. He filed a case of Dalit harassment against both of them.
Since the case was registered due to departmental work, the police asked for approval from Maharashtra’s Director of Technical Education for action. They refused to approve which resulted in an angry employee registering a case of Dalit harassment against the Director of Technical Education.
The director demanded the cancellation of the case from the High Court. The High Court admitted that they had just done their official work. But by cancelling the lawsuit, it refused to say that this will send a wrong message to the disadvantaged sections of society. Today Justice AK Goyal and Yuvul Lalit of the Supreme Court not only refused the trial but also gave a historic decision.
But the Opposition and other parties are not happy with this decision of the Supreme Court and they are constantly pressurizing the government, according to sources, the Modi government is going to file a review petition against this decision of the court.
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