Context: Recently, the Madras High Court has ruled that the police cannot conduct preliminary inquiry on receipt of complaints disclosing cognisable offences under the SC/ST (Prevention of Atrocities) Act of 1989. Police should straightaway register First Information Reports (FIRs) against the suspects.
Relevance of the topic:
Prelims: About Madras HC ruling and key Provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Mains: Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Provisions and issues in Implementation.
In a significant verdict, the Madras High Court has held that :
- The police must immediately register an FIR upon receiving complaints that disclose cognizable offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, without conducting any preliminary inquiry.
- The court cited Section 18A(1)(a) of the SC/ST Act (inserted via 2018 Amendment) which states: No preliminary inquiry shall be required for registration of an FIR against any person under this Act.
- The court reinforced that As per Rule 7(1) of the SC/ST Rules 1995, only officers not below the rank of Deputy Superintendent of Police (DSP) are authorised to investigate.
- Directed that the chargesheet must be filed within 60 days of FIR registration to ensure timely justice.
- The Judge directed the Director-General of Police/ Head of Police Force to communicate a copy of his order to all Commissioners as well as Superintendents of Police in the State to ensure compliance with legal procedures in SC/ST cases.
SC and STs (Prevention of Atrocities) Act 1989
- Enacted to prevent atrocities and hate crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs).
- Aim: To provide protection, justice, and rehabilitation to victims of caste-based violence and discrimination.
Key Provisions of SC and STs (Prevention of Atrocities) Act 1989:
- Criminalises caste-based atrocities against members of Scheduled Castes and Scheduled Tribes.
- Includes acts like social boycott, denial of access to public spaces, forced labor, sexual abuse, and humiliation.
- Does not cover offenses between SCs and STs themselves.
- Most offences under the Act are cognizable and non-bailable.
- Mandates establishment of exclusive Special Courts for speedy trial of cases.
- Provides for relief, compensation, and rehabilitation of victims.
- Burden of proof may shift to the accused in certain cases (reverse burden of proof).
- Section 18: Bars anticipatory bail for accused under the Act (unless quashed by courts in exceptional cases).
- Section 18A (Inserted in 2018): No preliminary inquiry required before FIR. No prior sanction needed for arrest of public servants.
- Rule 7 of SC/ST Rules, 1995: Investigation must be conducted by a police officer not below the rank of Deputy Superintendent of Police (DSP).
- Charge sheet must be filed within 60 days from FIR registration.
Issues in Implementation:
- Police continue to conduct preliminary inquiries before registering FIRs, despite Section 18A(1)(a) prohibiting it.
- Inquiries are often conducted by officers below the rank of DSP, violating Rule 7(1) of the SC/ST Rules, 1995.
- Police frequently delay or avoid FIR registration, misusing discretion and undermining victims’ rights.
- Regular procedural non-compliance hampers justice delivery and weakens cases.
- Final reports/chargesheets are not filed within the mandated 60-day period, defeating the objective of speedy justice.
Also Read: National Commission of Scheduled Caste