The Supreme Court on Friday said the statutory requirement of a prior notice to victims cannot be dispensed with while considering bail to accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
"Atrocities against members of the SC and STs are not a thing of the past. They continue to be a reality in our society even today. Hence the statutory provisions, enacted by Parliament as a measure of protecting the constitutional rights of persons belonging to SC/STs must be complied with and enforced conscientiously," a bench presided over by Justice D Y Chandrachud said.
The top court set aside bail granted to the accused in one such case as there was no notice to the complainant.
It said Section 15A of the SC/ST Act -- dealing with timely notice to victims in respect of bail, parole, discharge etc -- contained important provisions that safeguard the rights of the victims of caste-based atrocities and witnesses.
The court said investigations in India are the exclusive domain of the police, where victims are often relegated to the role of being a spectator in the criminal justice system.
Victims from SC/STs specifically suffered on account of procedural lapses in the criminal justice system. They faced fear of retribution from members of upper caste groups, ignorance or police apathy, and they are vulnerable to intimidation, violence and social and economic boycott. Shoddy investigations and the negligence also resulted in low conviction rates under the SC/ST Act giving rise to the erroneous perception that cases registered under the Act are false and that it is being misused, the court added.
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(Published 29 October 2021, 22:23 IST)
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