Kerala High Court Warns Against Misuse of SC/ST Act: Urges Vigilance in Identifying False Allegations

Thiruvananthapuram: In a significant ruling, the Kerala High Court has expressed deep concern over the misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), emphasizing the necessity for investigative agencies and courts to exercise discernment in distinguishing genuine cases from false allegations. The court underscored that while the SC/ST Act serves as a crucial tool to protect marginalized communities from exploitation, its provisions should not be weaponized for ulterior motives.

Justice A. Badharudeen, presiding over the matter, highlighted a troubling trend where individuals, frustrated by unsuccessful complaints or ongoing litigations, resort to lodging allegations under the SC/ST Act as a retaliatory measure. The court noted that such practices not only undermine the integrity of the legal system but also dilute the seriousness of genuine grievances.

The court observed, “When complaints with the police do not yield desired results, or when there are failed litigations or pending litigations between the parties, the raising of allegations under the SC/ST (POA) Act gives a strong indication that such allegations may be false.”

Justice Badharudeen further emphasized the pivotal role of investigative agencies and judicial bodies in meticulously evaluating the veracity of such claims. He stated, “Investigating agencies and courts have a very vital role to find out truth from false allegations to prevent the misuse of the provisions of the SC/ST (POA) Act.”

The court’s remarks came during the adjudication of a case involving a petitioner accused of insulting and intimidating a woman belonging to a Scheduled Caste by referencing her caste in public. The incident, alleged to have occurred in December 2013, led to the registration of a crime in February 2015—over a year later. The petitioner, not a member of the SC/ST community, faced charges under Section 294(b) of the Indian Penal Code and Sections 3(1)(r) and (s) of the SC/ST Act.

Upon investigation, the police submitted a final report declaring the allegations as false and recommended the closure of the case. However, the de facto complainant contested this conclusion, leading to further legal proceedings.

Justice Badharudeen cautioned that while the SC/ST Act is indispensable for safeguarding the rights and dignity of marginalized communities, its misuse for personal vendettas or to settle scores is reprehensible. He urged courts to remain vigilant and not hesitate to quash proceedings where allegations are found to be baseless.

The court asserted, “False cases must be quashed without hesitation.”

The ruling also serves as a directive to law enforcement agencies to exercise due diligence during the registration and investigation of complaints under the SC/ST Act. Investigating officers are encouraged to critically assess the context and history of disputes between parties to discern potential ulterior motives behind allegations.

Justice Badharudeen advised, “While registering crimes in the said circumstances, the investigating officers also must apply their mind to avoid false implication of innocent victims in serious offences.”

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