The Karnataka High Court has ruled that the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act cannot be used simply because the victim belongs to that community.
On Tuesday, a bench led by Justice Srinivas Harikumar quashed a FIR and investigation filed by a Special Court under the Atrocities Act against one Lokanath, stating that the Act should not be misused and that the investigating officer should act responsibly in such cases. These sections could be invoked if there is an incident involving caste issues, the bench noted.
"The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act was enacted to eliminate untouchability, prohibit discrimination, and prevent atrocities and hate crimes against the SC and ST communities," the bench said.
In the Lokanath case, the court stated that the police had filed a case against Lokanath under the Act Section 3 (1), (G) and IPC sections 172, 173 based on one Sangama Priya's complaint. The allegations should be thoroughly verified before filing a complaint under the Atrocities Act, and charges should not be framed incorrectly. Misuse of the Atrocities Act should also be avoided. The bench stated that the Investigation Officer must act responsibly.
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