Chandigarh: In a significant ruling, the Punjab & Haryana High Court has clarified that the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) can only be applied against individuals who do not belong to the SC/ST community. The decision was delivered by Justice Manisha Batra while granting anticipatory bail to two accused, Avtar Singh and Jagsir Singh, in a case filed under the Act.
The court observed that the purpose of the SC/ST Act is to protect members of the Scheduled Caste and Scheduled Tribe communities from atrocities committed by individuals outside these groups. Since the appellants in this case were themselves members of the Scheduled Caste community, the court ruled that the provisions of the Act were not applicable to them.
The case arose when a complaint was filed against Avtar Singh and Jagsir Singh under various provisions of the SC/ST Act. The complainant alleged that the accused had engaged in acts that fell under the purview of the Act. However, during the hearing, it was revealed that both the accused were from the Scheduled Caste community. This led to the argument that the SC/ST Act could not be applied against them.
Justice Batra, after reviewing the case details, emphasized that the Act was specifically designed to address offenses committed against SC/ST individuals by those outside these communities. “Appellants Avtar Singh and Jagsir Singh are stated to be members of the SC community themselves. Hence, the provisions of the SC/ST Act cannot be invoked against them,” the court stated.
The judgment reinforces the legal interpretation of the SC/ST Act and its intended scope. The Act was enacted to provide protection to marginalized communities from caste-based violence, discrimination, and oppression. However, the court’s ruling clarifies that its provisions do not extend to cases where both the complainant and accused belong to the same Scheduled Caste or Scheduled Tribe category.
Legal experts believe that this ruling may have a broader impact on similar cases where intra-community disputes lead to complaints under the SC/ST Act. The decision may set a precedent for courts across the country in determining the applicability of the Act in such cases.
Considering that the Act was not applicable in this case, the court allowed the anticipatory bail applications of Avtar Singh and Jagsir Singh. The ruling ensures that individuals who are wrongly charged under the SC/ST Act, despite belonging to the protected community, have legal recourse.
