Daily Current Affairs : 27-August-2024
In a recent ruling, the Supreme Court of India clarified that insults or intimidation directed at members of the Scheduled Castes (SC) and Scheduled Tribes (ST) communities are only offenses under the SC/ST (Prevention of Atrocities) Act, 1989 if the insult is based on caste. The court emphasized that not every act of intentional insult or abuse automatically qualifies as caste-based humiliation under the law.
Key Points from the Supreme Court’s Ruling:
- Caste-Based Insult: The court clarified that an insult must be directly related to caste in order to be considered an offense under the SC/ST Act. If the derogatory remarks are not linked to caste, they may not fall under the provisions of the Act.
- Preliminary Inquiry: The court also emphasized that before proceeding with cases under the SC/ST Act, courts can conduct a preliminary inquiry. This inquiry helps to determine whether the complaint involves caste-related offenses.
Case Background:
This ruling came while the Supreme Court was granting anticipatory bail to Shajan Skaria, a YouTube editor accused of making derogatory comments about a Member of Legislative Assembly (MLA). The court made it clear that anticipatory bail can be granted if there is no prima facie evidence showing a caste-based offense.
Understanding Anticipatory Bail:
- Definition: Anticipatory bail is a legal provision that allows an individual to seek bail in advance if they fear arrest for a non-bailable offense.
- Legal Reference: It is governed by Section 438 of the Criminal Procedure Code (CrPC) and has been reformed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (2023).
About the SC/ST (Prevention of Atrocities) Act, 1989:
The SC/ST (Prevention of Atrocities) Act was enacted to protect members of the SC/ST communities from crimes and discrimination. Its key features include:
- Punishing Offenses: The Act addresses crimes such as manual scavenging, the dedication of women to temples (Devadasi practice), and denial of public services to SC/ST members.
- Special Courts: The Act establishes special courts to speed up trials related to SC/ST offenses.
- Victim Relief: The law also ensures relief for victims of atrocities and holds public servants accountable for neglecting their duties under the Act.
Important Points:
- Caste-Based Insults: The Supreme Court ruled that insults or intimidation are offenses under the SC/ST Act only if they are based on caste.
- Preliminary Inquiry: Courts can conduct a preliminary inquiry to determine if a complaint involves caste-related offenses before proceeding under the SC/ST Act.
- Anticipatory Bail: Anticipatory bail can be granted if there is no prima facie evidence of a caste-based offense, as clarified in the case of Shajan Skaria.
- Definition of Anticipatory Bail: Anticipatory bail is a legal provision that allows a person to seek bail in advance if they fear arrest for a non-bailable offense.
- SC/ST (Prevention of Atrocities) Act, 1989: The Act aims to protect SC/ST members from crimes and discrimination, punishing offenses like manual scavenging and denial of public services.
- Special Courts and Victim Relief: The Act establishes special courts for fast-tracking trials and provides relief for victims of atrocities.
- Public Servants’ Accountability: The Act holds public servants accountable for neglecting their duties towards SC/ST communities.
Why In News
The Supreme Court ruled that insults or intimidation directed at SC/ST members are considered offenses under Section 18 of the SC and ST (Prevention of Atrocities) Act, 1989, only if they are specifically caste-based. The court emphasized that not every intentional insult or offensive remark automatically qualifies as caste-based humiliation, highlighting the need for a direct connection to caste for an offense to be applicable under the Act. This ensures that the law targets genuine instances of caste discrimination rather than unrelated insults or offenses.
MCQs about Caste-Based Offenses Under SC/ST Act
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Under which section of the SC/ST (Prevention of Atrocities) Act, 1989, is insult or intimidation of SC/ST members considered an offense?
A. Section 17
B. Section 18
C. Section 15
D. Section 20
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What did the Supreme Court emphasize regarding insults under the SC/ST Act?
A. All insults against SC/ST members are punishable.
B. Only insults related to caste are punishable under the SC/ST Act.
C. Only physical violence against SC/ST members is punishable.
D. Insults against SC/ST members can be punished regardless of caste.
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What is the purpose of anticipatory bail in the context of the SC/ST Act?
A. To grant bail after conviction for caste-based offenses
B. To seek bail in advance if there is a fear of arrest for a non-bailable offense
C. To prevent the filing of caste-based offense cases
D. To automatically dismiss caste-related offense charges
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Which of the following is NOT a key feature of the SC/ST (Prevention of Atrocities) Act, 1989?
A. Punishing manual scavenging
B. Establishing special courts for caste-related offenses
C. Providing relief for victims of atrocities
D. Automatically punishing all insults against SC/ST members, regardless of caste
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