Calcutta High Court Directs State To Disclose Number Of Pending Cases Under SC/ST Act In WB

The Calcutta High Court on Monday directed the State government as well as the High Court administration to file an affidavit disclosing the existing number of pending cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) in the State as on January 31, 2022. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a Public Interest Litigation (PIL) petition alleging that land belonging to impoverished members of the Scheduled Case and Scheduled Tribe community are being forcefully seized by miscreants.

Advocate Debjyoti Basu appearing for the petitioner apprised the Bench that there seems to be a societal tendency to grab land belonging to poor members of the SC/ST community and that police authorities are often complicit in such matters. He further submitted that when such aggrieved SC/ST members approach the police authorities to file FIRs and complaints, such requests are not entertained by the authorities. 

The petitioner further argued that the State government has failed to adhere to its obligations as enumerated under Section 21 of the SC/ST Act. Section 18 mandates the State government to take such measures as may be necessary for the effective implementation of the Act.

Furthermore, advocate Saikat Banerjee appearing for the High Court administration (respondent 6) further submitted that the State government has not undertaken any exercise to determine the pending cases under the SC/ST Act since 1989. 

Accordingly, the Bench directed, 

"Learned Advocate General for State as also learned counsel for respondent 6 are directed to file affidavit disclosing pending figures of cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as on 31st January, 2022". 

Such an affidavit was directed to be filed before the next date of hearing that is slated to take place on March 29. 

Case Title: Thaddeus Lakra and Ors v. State of West Bengal and Ors