Context:
Not every ‘insult’ against SC/ST persons can be considered as offence under SC/ST protection law, says Supreme Court
Anticipatory Bail:
- A pre-arrest legal process where an individual can seek bail in anticipation of an arrest on accusation of having committed a non-bailable offense.
- Provision – Section 438 of the Code of Criminal Procedure (CrPC) provides for anticipatory bail.
- Purpose – To prevent undue harassment or unjustified arrest of individuals.
- The bail is discretionary, considering factors like the nature of the offense and the accused’s antecedents.
- The court may impose conditions while granting anticipatory bail, such as surrendering the passport or reporting to the police station regularly
SC and ST (Prevention of Atrocities) Act, 1989:
- Objective – To prevent atrocities against members of Scheduled Castes (SC) and Scheduled Tribes (ST) and to provide special courts for trial of such offenses and relief and rehabilitation of victims.
- Salient Features –
- Offenses covered under the Act includes various forms of discrimination and violence such as forcing SC/ST individuals into bonded labor, denying them access to public places, and other forms of social discrimination.
- Provides stringent punishments for offenders, including imprisonment and fines.
- Establishment of special courts for speedy trial of cases.
- Provisions for relief and rehabilitation of victims.
Anticipatory Bail under the SC and ST Act:
- Initially, the Act barred anticipatory bail for offenses under this Act.
- An amendment in 2018, reaffirmed the bar on anticipatory bail and removed the requirement for a preliminary inquiry before registering an FIR.
- Supreme Court Rulings –
- In its 2018 Judgment, Supreme Court allowed anticipatory bail under certain conditions, leading to political controversy and subsequent legislative amendments.
- Recently, the Supreme Court has clarified that anticipatory bail can be granted if there is no prima facie case under the Act.
- That is, the bar on anticipatory bail applies only when a prima facie case is made out.
Source: The Hindu
Previous Year Question
Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:
1. PVTGs reside in 18 States and one Union Territory.
2. A stagnant or declining population is one of the criteria for determining PVTG status.
3. There are 95 PVTGs officially notified in the country so far.
4. Irular and Konda Reddi tribes are included in the list of PVTGs.
Which of the statements given above are correct?
[UPSC Civil Services Exam – 2019 Prelims]
(a) 1, 2 and 3 only
(b) 2, 3 and 4 only
(c) 1, 2 and 4 only
(d) 1, 3 and 4 only
Answer: (c)
Explanation: Statement 3 is incorrect. According to 2011 Census, there are a total of 75 PVTGs found in 18 states and in 1 union territory of the country.
