DMPQ: In Subash kashinath Mahajan Vs the state of Maharashtra case , Supreme Court opined that SC/ST Prevention of Atrocities Act (PoA act) is being misused and checks are needed to prevent such misuse. In this context discuss the provision of the bill?

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SC observed that the act has become the tool to persecute innocents and public servants for political and personal gains. This claim has been validated by Parliamentary standing committee report.  So SC banned arrest under the act, without proper nod from officials. It also held that a court can grant anticipatory bail in case of false complaints.

 

Salient features of the act are as follows:

  • Creation of new types of offences not in the Indian Penal Code (IPC) or in the Protection of Civil Rights Act 1955.
  • It punishes crimes against people belonging to Scheduled Castes and Tribes.
  • It gives special protections and rights to victims.
  • It sets up courts for fast completion of cases.
  • Commission of offences only by specified persons (by non-SCs on SCs and non-STs on STs).
  • Punishment for neglect of duties for public servant
  • Denial of anticipatory bail
  • Provides compensation, relief and rehabilitation for victims of atrocities or their legal heirs.
  • Creation of Special Courts and special public prosecutor
  • Mandatory, periodic monitoring system at District, State and National level
  • Identification of atrocity prone areas

 

 

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