Recognising caste-based violence against women (The Hindu, GS-1, Society, GS- Social Justice)

Home > Current Affairs  > Recognising caste-based violence against women (The Hindu, GS-1, Society, GS- Social Justice)

01 Jun Recognising caste-based violence against women (The Hindu, GS-1, Society, GS- Social Justice)

Posted at 01 Jun 2021 in Current Affairs, Governance, GS Paper II, Social Issues, Social Justice by
0 Likes

 

Context:- In indian constitution, under article 17 which talks about removal of untouchability and under this obligation, state has enacted prevention of atrocities act which specifically provides safeguards to the SC/ST communities.

Recent judgement in Patan Jamal Vali case where Supreme court retained the life sentenece which was given by the lower court and high court under the accusation of rape of a minor girl whic belonged to SC/ST community under the IPC sections 376 and but didn’t entertained the case under Prevenetion of atrocities act.

Past incidences where S.C refused to take cases under SC/ST act:-

  • Ramdas and Others v. State of Maharashtra,
      •  where a Dalit minor girl was raped, the Supreme Court set aside the conviction under the PoA Act
  • Dinesh Alias Buddha v. State of Rajasthan (2006), 
      • the Supreme Court held: “It is not case of the prosecution that the rape was committed on the victim since she was a member of Scheduled Caste.
  •  In Asharfi v. State of Uttar Pradesh (2017),
      • the court held that the evidence and materials on record did not show that the appellant had committed rape on the ground of SC/ST
  • Khuman Singh v. State of Madhya Pradesh,
    • a case of murder, again the court held that the fact that the deceased was a member of an SC community was not disputed

The thing which is common in all the cases is burdon of Proof:-

  • How can SC/ST community person, wil show that crime was perperted because one belongs to SC/ST rather if a person knows that one belongs to SC/ST

 

Consequences of such judgements:-

  • the repeated setting aside of convictions under the Prevention of attrocities Act bolsters the allegations
    •  that the law is misused and amounts to the erasure of caste­ based violence faced by women. 
    • It provide more confidence to the upper class in the violence against SC/ST

Positives of Patan Jamal Vali case

No Comments

Post A Comment