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- Feb 16, 2023
- 3 min read

How To Counter False Sc/St Act Without Money

The SC/ST Prevention of Atrocities Act of 1989 was passed to protect the community of Schedule Cast and Schedule Tribe members from social injustices like being denied access to certain locations or using customary passage, as well as from personal atrocities like drinking or eating food that isn't edible, sexual violence, malicious prosecution, etc.

How to Counter False SC/ST Case

The SC/ST Act is passed with the intention of shielding members of the SC and ST groups from all forms of harassment and abuse stemming from the dominance of the caste system. The same laws that are established to address the injustices committed against the SC/ST group cannot be abused to harass members of other communities. If a person feels intimidated by a false case under the virtue of the SC/ST Act, they have the following options.

According to the Indian Constitution, every person has specific rights and obligations, including those who belong to the SC or ST communities. The rights of citizens are protected under Articles 14, 20, 21, and 32 of the Indian Constitution as well as a right to petition the court if those rights are violated.
The right to equality before the law is guaranteed under the virtue of Article 14 of the Constitution of India, regardless of caste, location of birth, sex, or religion. The SC/ST Act's goal of safeguarding all people equally under the law must also be protected. Threats of fabricated cases cannot be used to violate the intent of the Act.
The Constitution of India further states that a person cannot be charged with the same crime more than once or be sentenced to a punishment larger than it was originally set. You may file a writ petition alleging that your rights under Article 32 of the Constitution of India have been violated if a false SC/ST case has been brought against you under the SC/ST Act with the intent of obtaining personal revenge.
Every person has a right to their life and personal liberty protected. Therefore, you can file a writ petition under Article 32 and Article 226 of the Constitution of India, alleging that any of your rights have been violated as a result of situations involving false crimes.
When the SC/ST threatens to file a false atrocity case against you, you may pursue a defamation case under the virtue of Section 499 or Section 500 of the Indian Penal Code.

Role of Judiciary

Anticipatory bail does not apply to offenders under Section 18 of the legislation. Any public employee who knowingly fails to perform their obligations as required by this legislation is punishable by up to six months in prison. In order to make the original statute stricter, an amendment was adopted in 2015 that increased the number of "atrocities" that qualified as crimes against SC/ ST communities.

In order to stop the "rampant misuse" of the SC/ST Prevention of Atrocities Act of 1989, the Supreme Court announced revised instructions in the year 2018. Any form of verbal or physical abuse directed at the SC/ST community is considered unlawful under this statute. The Act further specified penalties for certain illegal actions.

In the case of Dr. Subash Kashinath Mahajan vs. the State of Maharashtra, the new rules were released in conjunction with a ruling by a two-judge panel that determined that about one-fourth of cases brought under the SC/ST Act include false complaints.

Role of Lawyers

The possibility of anticipatory bail was created as a result of the new regulations. Contacting and hiring criminal lawyers who will prepare and submit petitions for anticipatory bail is essential.
The lawyers can help file a counter-case at the police station concerning the false case against such a person together with the case of defamation under section 500 of the Indian Penal Code when a false case has been lodged against you under the SC/ST Act.

You can hire lawyers through legal aid to fight against false SC/ST cases if you don’t have money. You can hire criminal lawyer in kolkata to fight against false SC/ST cases in Kolkata, and you can also take the advice of property lawyers in delhi to fight against false SC/ST cases in Pune. Similarly, criminal lawyer in delhi can be hired to fight against false SC/ST cases in Delhi.