Expressing concern over the growing misuse of the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act 1989, additional sessions judge (ASJ) Dr Kamini Lau said law cannot be the “absolute property of a few.”
Dr Lau said that court should not remain as “mute spectator” to the abuse of the law, as the act was passed with an aim to improve the lot of a particular section of the society.
“Unfortunately, one comes across growing instances of cases where the provisions of this Act have not so much been invoked for the betterment of those to whom it seeks to protect, than by those who want to settle personal scores by giving to an otherwise ordinary dispute, the colour of an alleged atrocity under the SC/ST Act 1989,” the court said. The court made the observations while refusing to take cognisance of a chargesheet filed by the Delhi police under IPC and SC/ST Act against three persons following a land dispute with S.S. Khemwal, a former deputy secretary with ministry of petroleum.
It said authorities should ensure that the legislation is used only to eliminate the exploitation of the marginalised members of SC/ST.
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HC seeks response from govt
AGE CORRESPONDENT
New Delhi
After going through a petition seeking direction for issuance of circular to all family courts for day-to-day hearing and speedy disposal of pending cases in matrimonial disputes, the Delhi high court has sought a detailed response from the Delhi government by September 8. A division bench comprising Chief Justice of the Delhi HC Dipak Mishra and Justice Manmohan recently asked the counsel for the NCT, Delhi, to seek instruction from the government on a PIL seeking direction for implementation of the Hindu Marriage Act (HMA) in “true spirit” for speedy disposal of matrimonial cases.
The division bench further asked the state counsel to inform it as to whether more family courts could be set up for the purpose.
So far, there are five family courts functioning in the national capital territory to deal with matrimonial disputes.