Himachal Pradesh – Father alleges that SC youth forcibly married Brahmin girl by threatening her under SC ST Act

Nahan. The father has alleged that in Sirmaur district of Himachal Pradesh, a scheduled caste youth forcibly married a Brahmin girl by threatening her with SC ST Act. There has been a ruckus over the forced marriage. This is a case of Rajgarh in the district and on Friday people surrounded the police station. Due to this the police got nervous and additional police force had to be deployed on the spot. Rumit Thakur, President of Dev Bhoomi Sangharsh Samiti, staged a sit-in protest with the family and villagers in the police station. The villagers were sitting in the police station till late Friday night.

Actually, this is a case of Tikkar village of Rajgarh in Sirmaur district. From here, on March 26, the daughter of a Brahmin family left home for a coaching center. During this, when the daughter did not reach home, the family came to know that she has married a young man and is in Nahan. On this, the family approached the police. Let us tell you that a case of missing girl has been registered in Rajgarh police station.

When the family reached the police station on Friday, there was a ruckus. Rumit Singh Thakur, president of Devbhoomi Kshatriya Sangathan Savarna Morcha and a large number of local people reached the police station and started protesting in the police station. During this, the police officer Ravindra Singh told that the girl has married of her own free will and she has also submitted the marriage certificate to the police on behalf of the Pandit.

Rumit Thakur also argued fiercely with the police officer during this time and said that the marriage certificate is fake. He can make many such certificates. He said that the police should bring the daughter to the police station and present her in front of the family and if the daughter tells the father that she does not want to live with him and has got married, then he will go away quietly. He said that how can the daughter be in danger from her own father.

The family members allege that their daughter has been wronged by threatening her with SC ST Act and the girl has gone away from her father due to fear of public shame. Let us tell you that due to the fear of applying the SC Act, the father fainted in the police station itself, as per the information received.

The new Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, particularly as amended in 2015 and 2018, is considered stronger than its original 1989 version

The new Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, particularly as amended in 2015 and 2018, is considered stronger than its original 1989 version due to several key enhancements aimed at improving protection for SC/ST communities and ensuring stricter enforcement. Here’s why:

1. Expanded Scope of Offenses: The 2015 amendment added new categories of atrocities to the Act, such as garlanding with footwear, forcing manual scavenging, imposing social or economic boycotts, and sexual exploitation (e.g., intentional touching of SC/ST women without consent). These were not explicitly covered under the original 1989 Act, making the law more comprehensive in addressing various forms of discrimination and violence.
2. Removal of Safeguards Diluting Arrest Provisions: In 2018, Parliament introduced Section 18A, reversing a Supreme Court ruling from March 20, 2018, which had introduced safeguards like mandatory preliminary inquiries and anticipatory bail to prevent misuse. The amendment explicitly states that no preliminary inquiry is required for registering an FIR, and anticipatory bail is not available for offenses under the Act. This restored and reinforced the original intent of immediate action against accused individuals, making the law more stringent.
3. Stricter Provisions for Public Servants: The 2015 amendment clarified and expanded the definition of “willful negligence” by public servants, holding them accountable for failing to perform duties related to SC/ST atrocity cases (e.g., not registering complaints). Penalties for such negligence were strengthened, ensuring better enforcement.
4. Establishment of Exclusive Courts: The amended Act mandated the creation of Exclusive Special Courts to handle only SC/ST atrocity cases, aiming for faster trials (within two months of filing a chargesheet). This was an improvement over the original Act, which relied on regular courts, often leading to delays.
5. Enhanced Penalties and Presumptions: The amendments increased the presumption of guilt in certain cases (e.g., if the accused knew the victim was SC/ST) and aligned punishments with the Indian Penal Code for offenses with less than 10 years’ imprisonment when committed against SC/ST individuals. This broadened the punitive scope compared to the original Act, which focused only on offenses with higher penalties.
6. Focus on Implementation: The 2015 amendment emphasized institutional strengthening, such as requiring investigations by officers not below the rank of Deputy Superintendent of Police (DSP) and setting up SC/ST Protection Cells at the state level. These measures aimed to address the poor conviction rates and implementation gaps seen under the old Act.