The SC/ST Act and Anticipatory Bail: Upholding the Legislative Bar to Protect the Vulnerable
UPSC Relevance
Prelims: Indian Polity and Governance (Fundamental Rights - Articles 14, 17, 21; Judiciary; Key Legislations - SC/ST Act, CrPC).
Mains:
General Studies Paper 1 (Society): Social empowerment; Salient features of Indian Society; Caste system.
General Studies Paper 2 (Polity, Governance, Social Justice): Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections; Indian Constitution—significant provisions; Criminal Justice System reforms.
Key Highlights from the News
The Supreme Court reiterated that there is a legal bar on granting anticipatory bail to accused persons in cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
In the case of Kiran vs Rajkumar Jivaraj Jain, the Supreme Court quashed the anticipatory bail granted by the Bombay High Court to an accused who committed caste-based atrocities.
Section 18 of the SC/ST Act explicitly prohibits the application of Section 438 of the Criminal Procedure Code (CrPC) (the provision for granting anticipatory bail).
At this stage, the court's power is limited to examining whether a prima facie case exists. A mini-trial to deeply examine evidence should not be conducted.
Parliament included this strict provision in the law to prevent the intimidation of victims, influence of witnesses, and to ensure effective prosecution.
The court has previously clarified in its judgments that this bar on bail is not a violation of Article 14 (Right to Equality) and Article 21 (Right to Life) of the Constitution, and it is constitutionally valid.
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