Supreme Court Rules On Scope Of Section 3 (2) (V) Of SC/ST Act; Intersectional Gender Violence

Name of the Case

Patan Jamal Vali v. The State of Andhra Pradesh

Factual Background

• A blind girl was raped by the accused in her house.
• The accused approached the mother to find out the whereabouts of the father and brothers of the girl and when he found that they were in the forest.
• The accused approached the Court and locked the house from inside and raped her.
• Then villagers reached the spot when the members of the family held the accused from running away.

Charges and Provisions

• The appellant was charged under the following provisions:

• Section 376 (1) of the Indian Penal Code deals with the punishment for Rape.
• Section 3 (2) (v) of the SC and ST Act states that when a crime is committed under IPC which is punishable up to 10 years when committed against a person on the ground of him belonging to the SC or ST should be punished with imprisonment for life.

• The accused was examined under Section 313 of the Code of Criminal Procedure, 1973.

Observation of the Court

• The Supreme Court upheld only part of the decision of the High Court.
• The accused was convicted under the charges of rape but acquitted under SC and ST Act.
• The scope of the Section attracted is limited to the occurrence of the offence is committed identifying the caste as a ground.
• The Court was of the opinion that the victim was subjected to the offence not because of the caste but gender.
• When the sexual offences are committed against differently abled persons, the Court suggested that the Judicial Officers of the NJAC and the Appellate authorities should be sensitized and as well as the Police should be given proper training.
• The National Crime Records Bureau was advised to give special attention to the disabled women.

What is your opinion on the Section 3 (2) (v) of the SC and ST Act and the decision of the SC in respect to it?