New Delhi (Agency): In a landmark judgment, the Bombay High Court clarified that the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, commonly known as the SC ST Act, applies nationwide. The court stated that limiting the Act’s scope to only the state where a person is declared as part of these communities would “defeat the purpose of the enactment.”
A full bench of Justices Revati Mohite Dere, Bharati Dangre, and N J Jamadar articulated that the Act was put in place to prevent atrocities against Scheduled Castes and Scheduled Tribes. It aims to remove humiliation and harassment and ensure fundamental, socio-economic, and political rights for these communities. The court explicitly said, “The person is also entitled protection under the Act, in any other part of the country, where the offence is committed, though he is not recognized as Scheduled Caste or Scheduled Tribe there.”
During the hearing, Senior Counsel Abhinav Chandrachud argued that the Act’s provisions should not apply if the victim has moved from their state of origin to another state. Advocate General Birendra Saraf countered this argument by stating that the “baggage of caste” continues regardless of location. The court agreed with Saraf and rejected the notion that the Act’s application should be confined within state boundaries.
The bench also emphasized that caste is a characteristic that “automatically sticks to a person” from birth and cannot be shed even if the individual advances socially or economically. The Act serves to protect human dignity, and its scope should not be “restricted or constricted,” confined to a particular state, the court added.
The judgment comes against a backdrop of enduring issues related to caste-based discrimination and atrocities in India. The court elaborated on the devastating impact of the caste system and untouchability, stating that it has led to “suppression and enslavement of humanity.”
The bench further clarified that the Act’s primary intention is not to confer benefits or privileges, but to deter crimes committed against Scheduled Castes and Scheduled Tribes. It aims to prevent them from being subjected to various offensive acts, indignities, humiliation, and harassment due to historical, social, and economic reasons.
The court’s ruling has a profound impact on how the SC ST Act will be applied and interpreted going forward. By affirming that the Act offers protection in any part of the country, the court has strengthened the legal framework against caste-based discrimination and violence.
This judgment sets a new legal precedent and could be a significant step towards achieving a casteless society, a dream enshrined in the Indian Constitution. It ensures that members of these communities will not be restricted in their fight for equality and dignity, irrespective of where in India they reside.
