The Allahabad High Court has expounded that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, which was enacted to provide relief to victims of atrocities, is being misused by some individuals to get compensation.
Justice Manju Rani Chauhan further added that the need for a pre-registration verification process that would require law enforcement agencies to assess the credibility of complaints before filing FIRs, potentially preventing the misuse of the 1989.
High Court suggested measures to be implemented to prevent the misuse of the SC/ST Act.
“First, a thorough pre-registration verification process should be established, requiring law enforcement to assess the credibility of complaints before filing FIRs. This could involve mandatory mediation sessions, where parties can attempt to resolve disputes amicably before resorting to legal action.” “Second, training programs should be conducted for police officers and judicial officials to help them recognize signs of potential misuse and to ensure that they approach cases with sensitivity and awareness of the implications. Third, a dedicated oversight body could be established to monitor complaints under the SC/ST Act, investigating patterns of misuse and providing recommendations for action,” the court added.
Bench further said, “Finally, public awareness campaigns should be launched to educate communities about the Act’s purpose and the consequences of filing false claims, thereby fostering a culture of integrity and accountability.” These measures would not only help safeguard the Act’s integrity but also support genuine victims in receiving the justice they deserve, it said in its order passed on September 18.
These observations were made while quashing criminal proceedings against the applicants, Vihari and others, under the 1989 Act at Sambhal district court.
In this case, the alleged victim admitted before the court that he had lodged a false FIR under the pressure of the villagers and that he did not wish to proceed with the case.
In its order, the court also directed the alleged victim to return Rs 75,000 which he received as compensation from the state government.
Noting that the court has identified several cases where false FIRs were lodged with the sole aim of securing such compensation, the judge also opined that a rigorous verification process must be implemented by the authorities before the lodging of an FIR so that the abuse of the law could be prevented.
The high court also directed the Director General of Police, UP to issue a necessary circular to the police authorities of the districts to consider the court’s observations regarding the invocation of the provisions of Section 182 IPC (now Section 217 of BNS).