Unless SC/ST Act is enforced, society free from caste-based discrimination will remain distant dream: Delhi High Court

The Delhi High Court recently held that courts should be extremely circumspect in quashing criminal proceedings under special statutes like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) [Puran Chand Gupta and Ors v The State of NCT of Delhi and Anr]..While refusing to quash a First Information Report (FIR) registered under the SC/ST Act based on a compromise between the parties, Justice Chandra Dhari Singh held,"...it is important to reiterate that unless the provisions of the Act are enforced in their true letter and spirit, and the legislative intent underlying the Act is manifested, the vision of a society free of caste-based discrimination will only remain a distant dream.".The Court was dealing with a petition filed by three persons seeking quashing of the FIR on the ground that they had entered into a compromise with the complainant. It was alleged that the accused had abused, threatened and used caste-based derogatory remarks against the complainant following a dispute arising out of a painting and tiling work.Though the complainant first approached the local police about the incident, the FIR was registered only after he filed a written complaint with the Deputy Commissioner of Police (DCP), Dwarka..The Court held that the remarks made against the victim in the present case were totally unprovoked, uncalled for and done with the sole intention of humiliating him for a petty sum of money.It said that the offence was preceded by a criminal intent of humiliation on the basis of caste, and therefore, it could not be ruled out that the complainant was coerced into entering the compromise.“Therefore, the offence in the instant case being not of a predominantly civil nature and being committed solely on the basis of caste of victim, the rigors of SC/ST Act being a Special statute, enacted with a specific noble legislative intent that must be given effect in its letter and spirit, cannot be diluted by quashing the FIR in question on the basis of compromise," the order stated..In his judgment, Justice Singh also delved into the legislative intent of the SC/ST Act to say that the founding fathers of the nation were conscious of the harsh realities of the society and the discrimination that members of the SC and ST communities have been subjected to.“At the time of independence, the lofty ideals of liberty, equality and fraternity were just utopian principles that were although guaranteed by law, but not present on ground. It was for the welfare of the downtrodden and vulnerable that the ameliorative and remedial measures were brought in to ensure that their civil rights are protected and equality in principle is adopted in practice.”.In this background, the Court held that in cases involving offences under special legislations like the SC/ST Act, while considering the quashing of criminal proceedings, the vulnerability of weaker sections of society to be prone to coercion must be considered. Thus, courts should be more vigilant to ensure that the victim has entered into the compromise on their own volition and free will and not on account of any duress."If, while considering the same, there is an iota of apprehension of compulsion or coercion, no relief can be given to the accused. The factors to determine the volition/free consent of the victim would depend on the facts and circumstances and would vary from case to case," it added..While Advocate Vikas Bhatia appeared for the petitioners, the State was represented by Additional Standing Counsel (Criminal) Nandita Rao.Advocates Jyoti Verma and Anjali appeared for the complainant..[Read judgment]

Unless SC/ST Act is enforced, society free from caste-based discrimination will remain distant dream: Delhi High Court

Prashant Jha

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