Gujarat HC: The Prevention of Atrocities Act is being misused rampantly

The Gujarat high court expressed serious concern over the misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in the state. The high court asked the investigating authorities to probe such crimes with utmost care and impartiality, as the SC-ST act is being misused in society.

How is it being misused?

In an incident, a leader of Chotila municipality was booked under the SC-ST Act for insulting another leader of his own party as he allegedly said derogatory words related to his caste. Justice Sandeep N Bhatt dismissed the complaint and said that the entire complaint was politically motivated. Justice Bhatt also said that it is the perfect example of misuse of the act.

The high court also questioned the plaintiff's complaint, in which it was mentioned that other members of the municipality were also attacked. However, there are no complaints from any other members of the municipality.

The high court further declared that one cannot file complaints under the SC-ST act if the underlying motive behind an attack was not to target or degrade someone based on their caste.

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