SC/ST law brought to improve conditions of vulnerable class, says SC; cancels pre-arrest bail

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was brought with an "avowed object" to improve socio-economic conditions of a vulnerable class and prohibits the grant of pre-arrest bail to the accused, the Supreme Court has stressed.

The observations were made in a judgment by a bench comprising Chief Justice B R Gavai and justices K Vinod Chandran and NV Anjaria that set aside an order of the Bombay High Court granting anticipatory bail to an accused facing caste atrocity charges.

The bench referred to Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and said it expressly excludes the applicability of Section 438 (grant of anticipatory bail) of the Code of Criminal Procedure.


"The provision of Section 18 and the bar created thereunder has to be seen in the context of the object and purpose with which the Parliament enacted the SC/SC Act, 1989.

"This legislation was brought into force with an avowed object of implementing the measures to improve the socio-economic conditions of the Scheduled Castes and Scheduled Tribes, who have remained a vulnerable class in society.

"The underlying idea is to ensure that the persons belonging to these classes are not denied their civil rights, are not subjected to indignities and are insulated from humiliation and harassment," the judgment said.

The bench said it is seemingly a stricter provision and "it underscores the Constitutional idea of availing social justice and to ensure the same pedestal for the Scheduled Caste and Scheduled Tribe community people with other classes in the society."

The bench allowed the appeal filed by the complainant, Kiran, against the High Court's order of April 29.

The High Court had earlier granted pre-arrest bail to Rajkumar Jivraj Jain, despite the rejection of such relief by the Additional Sessions Judge, Paranda in connection with an FIR registered at Paranda Police Station, Dharashiv district.

According to the complaint, on November 25, 2024, Jain and others allegedly confronted Kiran outside his house, addressing him and his family with casteist abuse.