TMI Blog1995 (2) TMI 469X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 21 of the Constitution of India. The present appeals have been filed by the State of Madhya Pradesh to challenge the finding of Madhya Pradesh High Court in respect of Section 18 of the said Act. 3. Section 18 of the Scheduled Castes and Scheduled (sic) Prevention of Atrocities) Act. 1989 is as follows: Section 438 of the Code not to apply to persons committing an offence under the Act: Nothing in Section 438 of the Code shall apply in relation to any case involving they arrest of any person on an accusation of having committed an offence under this Act. 4. Section 438 of the Code of Criminal Procedure provides for grant of bail to persons apprehending arrest. It provides, inter alia. that when any person has reason to apprehend that he may be arrested on an accusation of having committed a non-bailable offence. he may apply to the High Court to a Court of Sessions for direction that in the event of such arrest, be shall be released on hail. We have to consider whether the denial of this right to apply for anticipatory bail in respect of offences committed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. l989 can be consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe: (x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Casio or a Scheduled Tribe in any place within public view. (xi) assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty; (xii) being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed; (xiii) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or the Schedule Tribes so as to render it less fit for the purpose to which it is ordinarily used: (xiv) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ivil rights. They are subjected to various offences, indignities, humiliations and harassment They have, in several brutal incidents, been deprived of their life and property. Serious crimes are committed against them for various historical, social and economic reasons. 7. When they assert their rights and resist practices of untouchability against them or demand statutory minimum wages or refuse to do any bonded and forced labour, the vested interests try to cow them down and terrorise them. When the Scheduled Castes and the Scheduled Tribes try to preserve their self-respect of honour of their women, they become irritants for the dominant and the mighty. Occupation and cultivation of even the government allotted land by the Scheduled Castes and Scheduled Tribes is resented and more often these people become victims of attacks by the vested interests. Of late. there has been an increase in the disturbing trend of commission of certain atrocities like making the Scheduled Castes persons eat inedible substances like human excreta and attacks on and mass killings of helpless Scheduled Castes and Scheduled Tribes and rape of women belonging to the Scheduled Castes and the Sch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rorists and Disruptive Activities (Prevention) Act. 1987 came for consideration before this Court in the case of Kartar Singh v. State of Punjab. (1994) 2 JT (SC 423 : (1994 Cri LJ 3139). Section 20 (7) of the Terrorists and Disruptive Activities (Prevention) Act. l987 also provides that nothing in Section 438 of the Code of Criminal Procedure shall apply in legation to any case involving arrest of any person of an accusation of having commuted an offence punishable under this Act or any rule made thereunder. The language of Section 20(7) is almost identical with the language of Section 18 of the said Act which we are considering. It was argued before this Court in Kartar Singh's case (1994 Cri LJ 3139) (supra) that the right of an accused to avail of anticipators hail is an integral part of Article 21 of the Constitution and its removal from the Terrorists and Disruptive Activities (Prevention) Act. l987 would be violative of Article 21, this Court referred to the history of introduction of Section 438 in the Code of Criminal Procedure (paragraph 355) and said that there was no such provision in the old Code of Criminal Procedure and it was introduced for the first time in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted before as that while Section 438 is available for graver offences under the Penal Code, It is not available for even minor offences' under the said Act. This grievance also cannot be justified. The offences which are enumerated under Section 3 are offences which, to say the least, denigrate members of Scheduled Castes and Scheduled Tribes in the eyes of society, and prevent them from leading a life of dignity and sell-respect. Such offences are committed to humiliate and subjugate members of Scheduled Castes and Scheduled Tribes with a view to keeping them in a state of servitude. These offences constitute a separate class and cannot be compared with of fences under the Penal Code. 12. A similar view of Section 18 of the said Act has been taken by the Full Bench of the Rajasthan High Court in the case of Jai Singh v. Union of India. AIR 1993 Rajasthan 177 and we respectfully agree with its findings, 13. In the premises. Section 18 of the said Act cannot be considered as violative of Articles 14 and 21 of the Constitution. 14. The appeals are accordingly allowed. In the circumstances, there will be no order as to costs. - - TaxTMI - ..... 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