The Indian Parliament recently enacted the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018. This landmark legislation aims to address and prevent atrocities against members of the Scheduled Castes (SC) and Scheduled Tribes (ST), two of the country’s most historically marginalized and vulnerable groups. The Bill contains several key provisions which significantly impact the rights of those accused of committing crimes against SC/ST individuals.
Anticipatory Bail Denied
One of the most striking rules in the Bill is the elimination of anticipatory bail for anyone accused of atrocities against SC/STs. This essentially means that an individual cannot seek bail in anticipation of arrest under charges filed in relation to offenses committed against members of the SC/ST communities. This rule holds regardless of any court order or intervention.
The decision to make this rule was not taken lightly but was seen as a necessary step by lawmakers. The Amendment effectively places the importance of protecting the rights of SC/ST victims over the rights of the accused. Supporters of the bill argue that impunity or leniency in the eyes of law often allows criminals to exploit these communities incessantly.
No Preliminary Inquiry for Criminal Case Registration
In addition to the anticipatory bail rule, the Amendment Bill also mandates that no preliminary investigation will be required for registering a criminal case under this law. This implies that law enforcement agencies are obligated to file a First Information Report (FIR) without conducting a primary inquiry once they receive a complaint involving an SC/ST victim.
This measure intends to expediate the process of initiating legal proceedings in cases where members of the SC/ST community are victims. It seeks to counteract historical institutional biases which sometimes result in lax response or delay by authorities when crimes are committed against these marginalized communities.
Elimination of Arrest Approval Requirement
The Amendment Bill further stipulates that the arrest of a person accused of having committed an offense under this Act would not require any approval. Earlier, authorities often needed a go-ahead from senior officials to make an arrest under the Act. The Amendment Bill has done away with this prerequisite.
This change will facilitate swift action against the accused, once again aiming at removing hurdles that might slow down the process of justice. The lawmakers believe this will serve as a strong deterrence for potential violators, curtailing crimes against SC/ST communities.
Non-applicability of Section 438 of the CrPC
The legislation adds that Section 438 of the Code of Criminal Procedure (CrPC), which deals with anticipatory bail, will not be applicable to cases under this Act. This provision implies that no matter what the circumstances or the nature of the case may be, anticipatory bail cannot be granted if the crime involves an SC/ST victim.
This caveat further emphasizes the rigidity of the law in matters of crimes against SC/ST individuals. It resonates with the overarching theme of the Amendment Bill, suggesting that upholding justice and protecting marginalized individuals holds precedence over the rights of perpetrators.
