HOW TO GET BAIL IN THE ATROCITIES ACT?

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 also commonly termed SC/ST Act, aims to protect the Lawyers In Noida marginalised communities from discrimination and atrocities. The Act was enacted on 9 September, 1989. 

The Objectives of the Act- the main objectives of the Atrocities Act are-

  • To help the marginalized community with their socioeconomic situation
  • To help eliminate the offenses aimed to undermine self esteem.
  • To help people exercise their economic, social and democratic rights
  • To help them protect against the social acts of denying entrance to certain public places, forced drinking, eating inedible food, sexual exploitation or injury.
  • To provide them with a dignified living.

Atrocities- Meaning-

Prior to the Atrocities Act of 1989, the term “atrocity” was not used. This term is used to express the criminal acts committed against the members of the SC or ST communities. It explains the brutality or harsh behavior committed against the people of a certain community.  

What constitutes a crime under the Act?

Mentioned below are some of the acts, which are understood as crimes under the Atrocities Act, 1989-

  • The act of forcing the people belonging to the SC/ST community to drink or eat any inedible or poisonous substance by the individuals of the other communities would be considered as the act of atrocity and shall be punishable under the Act of 1989.
  • The act of dumping the excreta or waste matter near the house of a person from the SC/ST community so as to cause them annoyance or injure them, shall be an atrocity and punishable under the Act of 1989.
  • Depriving the people of the SC/ST community the right to cultivate their land or to deny them the right to exercise their rights on their property, a water body or any other premises.
  • The act of forcing the SC/ST individuals to beg alms or forcing them to work as bonded laborers shall also amount to an offense under the Act.
  • The act of forcing the individuals from the SC/ST community from exercising their right to vote shall also be considered an offense under the Act.
  • Denying the people from the SC/ST community to drink clean water
  • Insulting or defaming the people of the SC/ST community publicly
  • Filing false criminal allegations leading to the imprisonment of the individuals from the SC/ST community shall be considered as a criminal offense under the SC/ST Act.

Bail under the Act of 1989-

On the date of 9th August, 2018, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018 was passed by the Parliament.  The features of the Acts are as follows-

  • As per the Section 18 of the SC-ST Act, it is illegal to undertake a preliminary inquiry before an FIR has been filed.
  • Anticipatory bails cannot be granted for an offense committed under the SC/ST Act.
  • As per the SC/ST Act, an Investigation Officer can arrest an accused person without the prior consent of a higher authority.

Conclusion-

In India, every individual Lawyers In Delhi has been provided with the right to life and liberty as per the Constitution of the country. The Act, though, has some drawbacks; however the benefits surpass them, though sometimes the Act is being misused by some people, resulting in the defamation of some innocent people having long term consequences.

To seek legal advice Lawyers In Gurgaon or guidance for cases related to the atrocities act, you may contact us at Lead India.

SOURCE

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