The Supreme Court has reiterated that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted with the avowed object of improving the socio-economic conditions of a vulnerable class, and therefore prohibits the grant of anticipatory bail to those accused of caste-related atrocities.
A bench comprising Chief Justice B.R. Gavai and Justices K. Vinod Chandran and N.V. Anjaria made the observations while setting aside a Bombay High Court order that had granted anticipatory bail to an accused in a caste atrocity case.
Referring to Section 18 of the SC/ST Act, the court emphasized that the provision explicitly bars the applicability of Section 438 of the Code of Criminal Procedure, which allows pre-arrest bail.
“The provision of Section 18 and the bar created thereunder has to be seen in the context of the object and purpose with which Parliament enacted the SC/ST Act,” the bench observed.
The court underscored that the legislation was designed to protect Scheduled Castes and Scheduled Tribes from indignities, humiliation, and harassment, and to secure their civil rights.
“This legislation was brought into force with an avowed object of implementing measures to improve the socio-economic conditions of the Scheduled Castes and Scheduled Tribes, who have remained a vulnerable class in society. The underlying idea is to ensure that persons belonging to these classes are not denied their civil rights, are not subjected to indignities and are insulated from humiliation and harassment,” the judgment noted.
The bench further remarked that although the provision appears stringent, it underscores the constitutional goal of achieving social justice and placing members of SC/ST communities on an equal footing with other sections of society.
The judgment came on an appeal filed by complainant Kiran, challenging the Bombay High Court’s April 29 order granting anticipatory bail to Rajkumar Jivraj Jain. The Additional Sessions Judge, Paranda, had earlier rejected such relief.
According to the complaint, on November 25, 2024, Jain and others allegedly confronted Kiran outside his house in Dharashiv district, hurling caste-based abuses at him and his family.
Allowing the appeal, the Supreme Court cancelled the pre-arrest bail granted to the accused, reaffirming the strict bar imposed under Section 18 of the SC/ST Act.
