'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals

"Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. They continue to be a reality in our society even today.", the Supreme Court remarked in its judgment holding that the requirement under Section 15A of SC-ST (Prevention of Atrocities) Act of issuing notice of a court proceeding to a victim or a dependent is mandatory.

The bench headed by Justice DY Chandrachud observed that many acquittals under SC-ST Act are a result of improper investigation and prosecution of crime, leading to insufficient evidence. This gives rise to the erroneous perception that cases registered under the Act are false and that it is being misused, the bench also comprising Justice BV Nagarathna said. 

The court observed thus while considering an appeal against a Rajasthan High Court order granting bail to an accused under SC-ST Act. The court held that there has been a fundamental infraction of the provisions of Section 15A of the SC/ST Act by the High Court in not issuing notice to the complainant, as he was entitled to be heard in any proceeding under the Act.

The court observed that the SC/ST Act has been enacted by the Parliament to effectuate a salutary public purpose of achieving the fulfillment of constitutional rights of the Scheduled Castes and Scheduled Tribes. Section 15A of the SC/ST Act contains important provisions that safeguard the rights of the victims of caste-based atrocities and witnesses, the court added. The bench observed that provisions enable a member of the marginalized caste to effectively pursue a case and counteract the effects of defective investigations.

In its judgment, the court made the following observations

SC-ST members face insurmountable hurdles in accessing justice

Investigations in India are the exclusive domain of the police, where victims are often relegated to the role of being a spectator in the criminal justice system. Victims of crime often face significant hurdles during investigation and prosecution. Scheduled Castes and Scheduled Tribes specifically suffer on account of procedural lapses in the criminal justice system. They face insurmountable hurdles in accessing justice from the stage of filing the complaint to the conclusion of the trial. Due to the fear of retribution from members of upper caste groups, ignorance or police apathy, many victims do not register complaints in the first place. If victims or their relatives muster up the courage to approach the police, the police officials are reluctant to register complaints or do not record allegations accurately. Eventually, if the case does get registered, the victims and witnesses are vulnerable to intimidation, violence and social and economic boycott.

Many perpetrators of caste based atrocities get away scot-free due to shoddy investigations

Further, many perpetrators of caste based atrocities get away scot-free due to shoddy investigations and the negligence of prosecuting advocates. This results in low conviction rates under the SC/ST Act giving rise to the erroneous perception that cases registered under the Act are false and that it is being misused. On the contrary, the reality is that many acquittals are a result of improper investigation and prosecution of crime, leading to insufficient evidence. This is evident from the low percentage of cases attracting the application of the provisions of the Penal Code relating to false complaints as compared to the rate of acquittals.

 Atrocities against SC-ST Members are not a thing of the past.

Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. They continue to be a reality in our society even today. Hence the statutory provisions which have been enacted by Parliament as a 16 measure of protecting the constitutional rights of persons belonging to the Scheduled Castes and Scheduled Tribes must be complied with and enforced conscientiously. There has been an evident breach of the statutory requirements embodied in sub-sections (3) and (5) of Section 15A in the present case.

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