Allahabad HC raises concerns on misuse of SC/ST Act for compensation

PRAYAGRAJ: Reiterating its concerns over the misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Allahabad high court observed that the Act, which was designed to provide immediate relief to victims of atrocities, is being misused by some individuals to obtain compensation.

In its eight-page order, justice Manju Rani Chauhan strongly emphasised the need for a thorough pre-registration verification process. According to the court’s order, this process would require law enforcement agencies to assess the credibility of complaints before filing FIRs, potentially preventing the misuse of the 1989 law.

Further, the court also opined that maintaining the integrity of the SC/ST Act is essential for preserving its role in protecting the vulnerable and upholding justice.

The court quashed the criminal proceedings against the applicants—Vihari and others—under the 1989 Act at Sambhal district court. In this case, the victim admitted before the court that he had lodged a false FIR under pressure from the villagers and did not wish to proceed with the case.

In its order, the court also directed the alleged victim to return Rs. 75,000 to the accused, which he had received as compensation from the state government.

The court said that it had identified several cases where false FIRs were lodged with the sole aim of securing compensation. The single judge stated that if it was discovered that a false FIR had been filed purely for financial gain, the individuals responsible should be held legally accountable.

Importantly, the court emphasised that to deter the abuse of this special legislation, the courts should invoke the legal recourse available under Section 182 of the IPC [False information, with intent to cause a public servant to use his lawful power to the injury of another person] to hold those accountable who file false FIRs solely for the purpose of securing compensation.

Against this backdrop, the court said that a thorough pre-registration verification process should be established, requiring law enforcement to assess the credibility of complaints before filing FIRs. This could involve mandatory mediation sessions, where parties can attempt to resolve disputes amicably before resorting to legal action.

The court further said that training programme should be conducted for police officers and judicial officials to help them recognise signs of potential misuse and ensure that they approach cases with sensitivity and awareness of the implications. A dedicated oversight body could be established to monitor complaints under the SC/ST Act, investigate patterns of misuse, and provide recommendations for action, the court said.

The court also directed that a copy of its judgment be circulated to all district courts so that they can pass appropriate orders in such cases, taking into consideration the reports submitted by investigating officers (IOs) and also keeping in mind the provisions of Section 182 IPC.

In its decision dated September 18, the court also directed the director general of police (DGP), UP, to issue a necessary circular to the police authorities of the districts to consider the court’s observations regarding the invocation of the provisions of Section 182 IPC (now Section 217 of BNS 2023).