Prayagraj: In a significant ruling, the Allahabad High Court has issued detailed directions to the Director General of Police (DGP), urging the state police to take measures to prevent the misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The court’s intervention comes in light of increasing concerns regarding the exploitation of the Act for personal gain, particularly in cases involving compensation claims.
The High Court emphasized the need for the police to issue necessary circulars to district-level officers, instructing them to exercise caution and investigate thoroughly before registering First Information Reports (FIRs) under the SC/ST Act. This move is aimed at preventing the frivolous filing of complaints, which, the court noted, could lead to the misuse of the Act, originally intended to protect vulnerable communities.
The court also highlighted the importance of considering Section 182 of the Indian Penal Code (IPC) and Section 217 of the BNS 2023 during the investigation process. Both these sections deal with the implications of giving false information to public servants, which has been a growing concern in recent cases.
Sections 182 IPC and 217 BNS Explained
- Section 182 of IPC penalizes the act of providing false information to public servants with the intent of causing harm or annoyance. The punishment includes imprisonment of up to six months, a fine, or both.
- Section 217 of BNS 2023 addresses the act of giving false information with the intent to cause a public servant to use their lawful authority to harm another individual.
Concerns Over Misuse of the SC/ST Act
While recognizing the importance of the SC/ST Act in providing relief to marginalized communities, the court expressed concern over instances where the Act is being exploited for financial compensation. “The Act was designed to protect victims of atrocities, not as a tool for misuse by certain individuals,” the court observed.
The bench also underscored the need for a balanced approach, ensuring that genuine victims of caste-based atrocities continue to receive timely and appropriate relief, while frivolous complaints are identified and dealt with in accordance with the law.
The High Court also directed the police to conduct a preliminary investigation before registering FIRs under the SC/ST Act. This is intended to prevent false cases from being filed, ensuring that only legitimate complaints are pursued. The court believes that such a measure would help maintain the integrity of the Act and prevent its misuse.
