SC frowns upon procedure defeating substance

SC frowns upon procedure defeating substance

The judgment by Justice Katju raises some very fundamental issues with respect to treatment of not only women but also of the tribal community. The surprise that the Supreme Court has expressed over the lack on any appeal by the State Government for upholding the conviction on SC/ST Atrocities Act, shows the lack of incentive within the Government to pursue cases such as these which are obviously caste motivated. The High Court dismissing the charges on the Atrocities Act on a minor procedural irregularity like lack of caste certificate is a very genuine case of procedure defeating substance.

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