Victim under SC/ST Act includes family members of person who suffered harm, can take part in proceedings: Karnataka HC

The Kalaburagi Bench of the Karnataka High Court recently observed that a victim under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [SC/ST Act] would include the victim's family members and dependents (Marenna @ Mareppa v. State)..A Single Judge Bench of Justice Hanchate Sanjeev Kumar held, ."Therefore, the definition “victim” as enumerated in the Act is wide enough, which include any individuals who falls within the definition of the SC/ST Act who has suffered or experienced physically, mentally, psychologically, emotionally or monetary harm or suffered harm to his or her property. If a person sustains injuries arising out of crime then, he himself, his parents, family members are also to be considered as victim as per the above definition."Karnataka High Court.In the present case, the informant was the mother of the injured person. Therefore, she was 'definitely' a victim, the Court held. .As per the facts of the case, a 14-year-old boy was accosted by the accused persons and sustained serious injuries after he was hit on the head with an axe. While doing so, the accused also allegedly abused the boy in filthy language and taunted him by mentioning his caste. .The question before the Court was whether the mother of the victim (the informant) should have been made a party in the bail application moved by the accused persons..The accused had contended that the informant (victim's mother) need not be impleaded as a party and that, it would suffice if information is given to the victim/his dependents/the first informant about the proceedings pending before the Court in terms of Section 15A(3) of the SC/ST Act..However, not finding any merit in this submission, the Court observed that as per Section 15A(5) of the Act, the right to participate in any court proceedings is conferred upon a victim or his/her dependents. .In this regard, the order reads, ."Where a right of Audi Alterm Partem is conferred on the victim or his dependents, then the court has to give an opportunity/right of audience to the victim or his/her dependent to hear them as to enable them to participate in the proceedings including bail proceedings also."Karnataka High Court.In this backdrop, the Bench clarified that a victim or any of his family member(s) have a right to be heard by the court. Thus, victims or dependents can participate in any proceedings including those related to bail, discharge, release, etc, the Single Judge Bench opined. .Adding on, the Court further observed that, ."Therefore, unless the victim or dependent as enumerated in Section 2(ec) of the SC/ST Act is made a party in the proceedings in the case pending before any court, it is not possible for the court to hear whatever submission to be put forth by the victim or dependents in the proceedings before the court. Therefore, under these circumstances, making the victim or dependent as party in the proceedings pending before any court is necessary and mandatory.".On the point of victims being entitled to free legal services, the Court stated that as per Section 15A(12) of the SC/ST Act, every victim or dependent is empowered to take assistance from Non-Government Organizations, social workers or advocates. .The Bench further noted that a similar provision has been envisaged under the Legal Services Authorities Act (LSA), 1987 as well. .After a conjoint reading of the two provisions, the Court said, ."Therefore, the member of Scheduled Caste and Scheduled Tribes is entitled for free legal services. Legal services means it is not only a legal counseling but also providing assistance of an Advocate to the Member of the Scheduled Caste and Scheduled Tribes in any proceedings pending before the court.".With these observations, the Court further proceeded to issue certain pertinent guidelines in the case:.A right is conferred on the victim or his/her dependents to participate in the proceedings initiated under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as enumerated in Section 15-A, as discussed above.Therefore, the first informant/complainant/victim or dependents shall be made as a party in the proceedings and issue necessary notice to the victim or dependents/first informant/complainant/victim or dependents and to hear them in any proceedings as envisaged under Sub-section (5) of Section 15-A of the SC/ST Act.The Special Courts trying with the offence/s under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 shall direct the District Legal Services Authority to provide an advocate on behalf of the victim or his/her dependents/ first informant/complainant from the Panel Advocates of District Legal Services Authority..Advocates Nandkishore Boob and Rajesh Doddamani appeared for the petitioners. Government Pleader Mallikarjun Sahukar appeared for the State. .[Read judgment here]