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 0 Comments
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
- Recognition of intersectional difference based on sex, caste, disablities etc.
- It means now people can be tried on the basis of intersectional differences.
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