Equality Before Law

 

⚖️ "Equality Before Law" – Meaning under Indian Law

The principle of "Equality before law" is a fundamental concept in Indian constitutional law. It is enshrined in:

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🔹 Article 14 of the Constitution of India

“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

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🔍 Breakdown of Article 14:

1. "Equality before the law" (British origin – Dicey's rule of law):

   • No person is above the law, and all are subject to the same law, irrespective of status or position.

   • It implies absence of arbitrary power.

2. "Equal protection of the laws" (American origin – 14th Amendment):

   • Requires the State to treat people in similar situations equally.

   • Allows for reasonable classification (not arbitrary discrimination) to achieve substantive equality.

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🧠 Key Principles:

Principle	Explanation
Formal equality	All persons are treated alike under the law.
Substantive equality	Permits special treatment for disadvantaged groups (e.g., SC/ST, women) to ensure real equality.
Reasonable classification	The law can classify persons, but the classification must be reasonable, non-arbitrary, and have a rational nexus with the objective of the law.
No class legislation	Laws cannot arbitrarily benefit or target a particular group without just cause.

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🔹 Important Supreme Court Judgments on Article 14:

1. State of West Bengal v. Anwar Ali Sarkar (1952)
   – Classification must not be arbitrary or discriminatory.

2. EP Royappa v. State of Tamil Nadu (1974)
   – Equality is a dynamic concept and antithesis of arbitrariness.

3. Maneka Gandhi v. Union of India (1978)
   – Reinforced due process and procedural fairness as part of equality.

4. Indra Sawhney v. Union of India (1992)
   – Upheld reservations as a means to achieve substantive equality for backward classes.

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✅ Examples of Laws Promoting Equality:

• Reservations in education and public employment (SC/ST/OBC).

• Equal Remuneration Act, 1976 – Gender equality in wages.

• Protection against discrimination in public spaces and services.

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⚠️ Limitations:

• Not absolute: Article 14 does not prohibit reasonable classification.

• Does not mean identical treatment in all situations.

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In summary:

"Equality before law" under Article 14 ensures fair, non-arbitrary treatment of all persons. It is both a guarantee of legal uniformity and a tool for social justice, allowing special measures to uplift the disadvantaged while restraining unjust discrimination.

the relief amounts under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (as amended up to 2023)

 

Here is a printable chart of the relief amounts under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (as amended up to 2023), summarizing key offences and corresponding compensation:

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🟦 Relief Amounts Under SC/ST (Prevention of Atrocities) Rules – Updated to 2023

S. No.	Nature of Offence	Relief Amount (₹)	Relief Disbursement Stages
1	Murder or Death due to Atrocity	8,25,000	25% on FIR, 50% on chargesheet, 25% on conviction
2	Rape of SC/ST Woman	8,25,000	Same as above
3	Gang Rape of SC/ST Woman	8,50,000	Same as above
4	Attempt to Rape	4,25,000	Same as above
5	Acid Attack – Disfigurement or Disability	Up to 8,25,000	Based on injury; may be paid upfront
6	Acid Attack – Minor Injuries	85,000 – 1,25,000	Same as above
7	Grievous Hurt (Sec 325 IPC)	1,25,000	25% FIR, 50% chargesheet, 25% conviction
8	Simple Hurt (Sec 323 IPC)	85,000	Same as above
9	Outraging Modesty of Woman (Sec 354 IPC)	2,00,000	Same as above
10	Assault on Woman with Intent to Dishonor	2,00,000	Same as above
11	Public Humiliation or Intimidation (Sec 3(1)(r), 3(1)(s))	1,00,000	Same as above
12	Social or Economic Boycott	3,00,000	Same as above
13	Wrongful Occupation or Dispossession of Land	2,00,000 + land return	Same as above
14	Preventing Access to Public Place (well, road, cremation ground, etc.)	1,00,000	Same as above
15	Disrobing, Tonsuring, Parading Naked, Garlanding with Footwear	6,00,000	Same as above

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🟨 Other Entitlements:

• Free legal aid

• Relocation and rehabilitation

• Restoration of land/property

• Protection for victims/witnesses

• State responsible for disbursement within 7 days of each stage

the latest relief amounts payable to victims of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

 

Here are the latest relief amounts payable to victims of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as per the:

🔹 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995

(amended most recently in 2023, notified by the Ministry of Social Justice and Empowerment)

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🔹 General Structure of Relief

The compensation varies based on the nature of the offence and is typically disbursed in stages:

Stage	Percentage of Total Relief
FIR registered	25%
Charge-sheet filed	50%
Conviction	25%

⚠️ In certain serious cases, such as murder or rape, a lump sum payment may be given earlier.

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🔹 Selected Offences and Relief Amounts

Offence under SC/ST Act	Relief Amount (₹)
Murder	8,25,000
Rape of woman	8,25,000
Gang rape of woman	8,50,000
Disrobing, tonsuring, parading naked, garlanding with footwear	6,00,000
Attempt to rape	4,25,000
Acid attack causing disfigurement or disability	Up to 8,25,000
Causing grievous hurt (Section 325 IPC equivalent)	1,25,000
Causing simple hurt	85,000
Insult or intimidation with intent to humiliate in public	1,00,000
Wrongful occupation/dispossession of land	2,00,000 + restoration of land
Social/economic boycott	3,00,000
Preventing access to public place (e.g. well, temple)	1,00,000
Assault on women with intent to dishonor	2,00,000
Outraging modesty (Section 354 IPC)	2,00,000

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🔹 Additional Entitlements (Apart from Cash Relief):

• Free legal aid and appointment of Special Public Prosecutor.

• Relocation and rehabilitation support, if necessary.

• Protection of victims and witnesses, including temporary shelter.

• Restoration of property, employment, or livelihood where applicable.

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🔹 Important Notes:

1. Compensation is payable irrespective of conviction — once the FIR is filed, partial relief begins.

2. State Governments must pay the relief within 7 days of each stage.

3. Failure to provide relief is a dereliction of duty, and action can be taken against the responsible officer.

summary of key Supreme Court judgments under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

 Here is a summary of key Supreme Court judgments under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which have significantly shaped its interpretation and application:

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🔹 1. Subhash Kashinath Mahajan v. State of Maharashtra (2018)

Citation: (2018) 6 SCC 454

Key Points:

• The Court issued guidelines to prevent misuse of the SC/ST Act.

• Directed that:

  • No immediate arrest should be made without prior approval of the appointing authority.

  • A preliminary inquiry must be conducted before registering an FIR.

  • Anticipatory bail can be granted if no prima facie case is made.

Impact:

• Seen as diluting the Act and led to widespread protests by Dalit groups.

• Parliament responded with an amendment to nullify this judgment (see 2018 Amendment).

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🔹 2. Union of India v. State of Maharashtra (2019)

Citation: (2020) 4 SCC 761

Key Points:

• This decision reversed the 2018 Subhash Kashinath judgment.

• Held that the protective provisions are necessary to safeguard SC/ST rights.

• Upheld the constitutional validity of Section 18 and 18A of the Act, which bar anticipatory bail.

• Reaffirmed no need for preliminary inquiry or prior approval before FIR or arrest.

Impact:

• Restored the original intent and strength of the SC/ST Act.

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🔹 3. Prathvi Raj Chauhan v. Union of India (2020)

Citation: (2020) 4 SCC 727

Key Points:

• Challenged the 2018 Amendment to the SC/ST Act.

• Supreme Court upheld the validity of the amendments.

• Clarified that:

  • Anticipatory bail is still barred, but courts may allow it in exceptional cases where no prima facie case is made.

• Reiterated the importance of protecting SC/ST communities from atrocities.

Impact:

• Reconciled individual rights with social justice, but kept the protective framework intact.

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🔹 4. State of M.P. v. Ram Krishna Balothia (1995)

Citation: (1995) 3 SCC 221

Key Points:

• Challenged the bar on anticipatory bail under Section 18.

• The Court upheld the bar, stating that extraordinary protection is justified for vulnerable groups like SC/STs.

Impact:

• One of the earliest validations of the constitutionality and necessity of the SC/ST Act.

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🔹 5. Vilubhai Khachar v. State of Gujarat (2021)

Citation: (2021) 7 SCC 527

Key Points:

• Reiterated that mere mention of SC/ST identity of the victim does not automatically attract the SC/ST Act.

• Courts must examine if ingredients of the offence under the Act are made out.

Impact:

• Emphasized judicial scrutiny to prevent false implication.

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🔹 6. Asharfi v. State of Uttar Pradesh (2018)

Citation: (2018) 1 SCC 742

Key Points:

• Clarified that abuse or insult must be in public view to constitute an offence under Section 3(1)(r) and (s) (relating to public humiliation).

Impact:

• Narrowed scope of public insult provisions, requiring presence of third party witnesses.

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🔹 Summary of Legal Principles:

Principle	Case
No preliminary inquiry before FIR	Union of India v. State of Maharashtra (2019)
Bar on anticipatory bail upheld	Ram Krishna Balothia (1995); Prathvi Raj (2020)
False implication protection	Vilubhai Khachar (2021)
Public view essential for insult	Asharfi v. State of U.P. (2018)
No prior approval for arrest	Union of India v. State of Maharashtra (2019)

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

 

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—commonly known as the SC/ST Act—is a special criminal law enacted by the Indian Parliament to prevent atrocities and hate crimes against members of Scheduled Castes (SCs) and Scheduled Tribes (STs), and to provide for special courts and relief for victims.

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🔹 Full Name:

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
(Act No. 33 of 1989)

Came into force: 30 January 1990

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🔹 Purpose of the Act:

1. Prevent atrocities and crimes committed against SC/ST persons.

2. Provide special protections and legal remedies to victims.

3. Establish Special Courts for speedy trial of such offences.

4. Rehabilitate victims through relief and compensation.

5. Deter social discrimination and promote equality.

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🔹 Key Features:

1. Definition of Atrocities (Section 3)

The Act defines specific criminal offences as atrocities when committed by a non-SC/ST person against an SC/ST person, such as:

• Forcing someone to eat or drink inedible or obnoxious substances.

• Assault or use of force with intent to dishonour or humiliate.

• Wrongful occupation or dispossession of SC/ST land.

• Sexual assault or outrage of modesty.

• Social or economic boycott.

• Preventing access to public places or water sources.

• Tonsuring the head, removing moustache, garlanding with footwear, etc.

Penalties: These offences carry enhanced punishments—often imprisonment of 6 months to life, and fines.

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2. Special Courts (Section 14)

• State governments must establish Special Courts (and Exclusive Special Courts, if needed) for speedy trials.

• A Special Public Prosecutor is also appointed for such courts.

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3. Victim Relief and Rehabilitation (Section 15A, Rule 12 of 1995 Rules)

• Free legal aid and protection for victims and witnesses.

• Monetary compensation depending on the offence (as per Rules, 1995, amended in 2016 and 2023).

• Provision for rehabilitation, relocation, and social support.

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4. Presumption of Guilt (Section 8A)

In certain circumstances, the court shall presume the accused intended to commit the offence, unless proven otherwise.

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5. No Anticipatory Bail (Section 18)

• Section 18 bars anticipatory bail (under Section 438 CrPC) for offences under the Act.

• However, this has been the subject of interpretation and modification by courts (notably the Subhash Kashinath Mahajan case and its reversal).

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6. SC/ST (Prevention of Atrocities) Rules, 1995

• These Rules provide procedures for enforcement, relief amounts, timelines, and state responsibilities.

• Regularly updated to revise compensation and improve victim support.

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🔹 Important Amendments:

✅ 2015 Amendment:

• Added new offences like social/economic boycott, garlanding with footwear, etc.

• Provided for Exclusive Special Courts and victim-centric provisions.

✅ 2018 Amendment:

• Restored original intent after Supreme Court diluted arrest provisions in Subhash Kashinath Mahajan v. State of Maharashtra (2018).

• Clarified that:

  • No preliminary inquiry is needed before FIR.

  • Approval is not needed for arrest.

  • Anticipatory bail remains barred.

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🔹 Criticism & Support:

• Support: Necessary for protecting historically oppressed communities and ensuring justice.

• Criticism: Allegations of misuse and false cases have led to debates; however, courts have upheld its validity due to the continuing vulnerability of SC/ST communities.

Article 341 – Scheduled Castes

 

Article 341 – Scheduled Castes

(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

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This provision empowers:

• The President of India to issue a notification identifying the Scheduled Castes for each state/UT.

• The Parliament to amend this list by law, either by including or excluding communities.

Related Legal Instruments

1. Constitution (Scheduled Castes) Order, 1950 – This order lists all the Scheduled Castes for each state and union territory.

2. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Provides legal protection against caste-based discrimination and violence.

Under Indian law, the term "Scheduled Caste" (SC)

 Under Indian law, the term "Scheduled Caste" (SC) refers to specific castes, races, or tribes that are officially designated by the President of India under Article 341 of the Indian Constitution as historically disadvantaged and socially oppressed communities. These communities have traditionally faced discrimination, social exclusion, and economic backwardness due to the rigid caste hierarchy in India.

Legal Definition:

Article 341 of the Constitution of India provides the constitutional basis for identifying Scheduled Castes:

• Clause (1): The President may, with respect to any State or Union Territory and where necessary after consultation with the Governor of the State, specify the castes, races, or tribes or parts of or groups within castes, races, or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes.

• Clause (2): Parliament may by law include in or exclude from the list of Scheduled Castes any caste, race, or tribe or part thereof.

Key Features:

1. Notified by Government: The list of Scheduled Castes is notified by the Central Government for each state and union territory.

2. State-Specific: A caste listed as a Scheduled Caste in one state may not be considered so in another.

3. Benefits and Protections:

   • Reservation in education, government jobs, and legislatures.

   • Protection against atrocities under laws like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

   • Access to various welfare schemes and economic assistance.

Purpose:

The classification is aimed at uplifting historically marginalized communities through affirmative action and social justice measures.