Sc & st act alongwith 498-a ipc
sachin sethi
(Querist) 22 April 2012
This query is : Resolved
A girl belonging to scheduled caste married with a boy of general caste....it was a runaway love marriage....After marriage the bride lodged an FIR against husband and his family under section 498-a IPC along with section 3 of Scheduled Caste & Scheduled Tribes Act....
Now my query is that whether such a prosecution can be maintained under section 3 of SC & ST Act,, by the wife against her in-laws,,,especially when the caste of girl changes in northern India (as a custom) after marriage...
(However the law regarding reservation in such a situation is that the girl can claim reservation,, but in this particular case the issue is maintainability of prosecution in the afore said act..)
Moreover the alleged atrocities have been allegedly committed in the house of husband and not in a public view....
Can the accused be discharged u/s 3 of SC & ST act only,,,upon the arguments of absence of public view...
Devajyoti Barman
(Expert) 22 April 2012
Yes those provisions of SC & ST Act is maintainable.
Marriage of wife does not take away her right of privileges available being a member of Reserved category.
Sudhir Kumar, Advocate
(Expert) 22 April 2012
The matter is not so simple as projected by you.
In most of the cases some boys marry SC girl on the greed of getting reservation benefit without checkin ght rule position. Later on they reaslise that they could not get the cast certificate but social stigma is earned. In frsutration they ill-treat the girl. In suchcase SC&ST Act will be maintainable.
You are arguing the violence was inside the house and not in public view. Is some general category person having a licese to secretalely beat SC/ST without public view.
The law does not even lay down fro prosectution rater the property used in crime against SC/ST is also liable for confircation.
She is entitled to reservation and will remain so till dies.
I theefoer ehave to agree with Mr Devjyoti Burman
Raj Kumar Makkad
(Expert) 22 April 2012
There is no reason to differ with the opinion as expressed above.
Shonee Kapoor
(Expert) 22 April 2012
I concur with the opinion given above.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
sachin sethi
(Querist) 06 May 2012
Thanks to all of the Experts,,,
But in reply to Answer of Mr. Sudhir Kumar,,
Sir,
I agree with the position that in a civilized society no body has a right to commit atrocities against any person of the society...But we should kept in mind that the law especially relating to dowry and SC & ST Act are the most misused provisions of the law....Pity on our Law Makers they enact the laws without adhering to the ground realities...I am not advocating that all the proceedings instituted under the above mentioned provisions are false and frivolous,,,but raising number of false litigations affects the credibility and the faith of common man in law,,,which deserves to be avoided by enacting some penal provisions in true sense against the person starting false litigations....
