Lalit in Kashinath Mahajan , adopting ‘purposive interpretation’ and invoking Ambedkar on societal fraternity, have diluted the stringent provision of denial of anticipatory bail in the SC/ST Act. Accordingly, keeping in view the special nature of crimes against Dalits, anticipatory bail had been excluded. A cursory glance of crimes made punishable under the SC/ST Act would explain why. In fact, the share of false cases under the SC/ST Act has declined over time (2009-2015). The high court rightly noted that in spite of possibility of misuse of the SC/ST Act, its penal provisions cannot be faulted as it would send the wrong signals to the downtrodden.

Source: The Hindu March 29, 2018 00:22 UTC