Kerala High Court highlights concerns over misuse of SC/ST Act while emphasising its importance [Read Order]

Kerala: The Kerala High Court, while quashing proceedings in an SC/ST Act case, has delivered a significant judgment addressing both the misuse and importance of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Kerala High Court’s Landmark Ruling on SC/ST Act: Balancing Protection and Misuse

Justice A. Badharudeen, in his judgment dated February 13, 2025, emphasized the dual aspects of the legislation while hearing a case involving allegations under Sections 3(1)(r) and (s) of the SC/ST (POA) Act.

The court examined a case where the accused was charged with allegedly insulting and intimidating a member of the Scheduled Caste community. The incident reportedly occurred at the Women Police Station, Ernakulam, stemming from a dispute over ₹6 lakh.

SC/ST Act Misuse: Kerala HC Issues Key Guidelines for Investigating Agencies

Addressing the legislative intent, the court observed, “Undeniably, the intention is to protect the interests of members of Scheduled Caste and Scheduled Tribe communities from exploitation and atrocities at the hands of other caste members… Genuine cases would require strict action as per law.”

However, the court expressed concern about potential misuse, noting, “Misuse of the provisions of the SC/ST (POA) Act by litigants harboring evil or wicked intentions or acting out of spite is a menace that one can now notice from various angles.”

The judgment highlighted specific warning signs of potential false cases, stating that allegations under the SC/ST Act that arise after failed police complaints, adverse litigation outcomes, or during pending litigation between parties should be carefully scrutinized.

The court emphasized the crucial role of investigating agencies and courts, stating that they “have a very vital role in dissecting truth from falsehood and checking the fallacy of allegations.”

In its directive to law enforcement, the court advised, “While registering crimes in such circumstances, investigating officers must apply their minds to avoid the false implication of innocent individuals in serious offenses.”

Mr. Madhusudanan P. R., Mr. Vijayan Mannaly, and Ms. Haseena Kunjoonju appeared for the petitioner, while Mr. Shiras Aliyar and Mr. P. M. Mujeeb Rehiman represented the respondents.

Case Title: Sobhanakumari vs. State of Kerala & Ors.
 

[Read Order]