Tuesday, May 19
Lawyers in India

Criminal Law

The Scheduled castes And the Scheduled tribes (Prevention of Atrocities) Act was enacted and enforced in 1989, after 39 years of the enforcement of constitution, to address the atrocities and discrimination faced by the SCs and STs. The act ensures protection and rehabilitation of victims and provides strict punishment for atrocities based on caste, practices of untouchability, dereliction of duties by public servants, etc. Although this enactment has been effective in achieving its purpose yet some notable loopholes and misuses have also come into light recently. The Supreme Court and various high courts have also shown concerns and interpreted various provisions to ensure the effective implementation of the act.

‎Bail is not merely a procedural concession but a cornerstone of personal liberty under Article 21 of the Indian Constitution. Rooted in the presumption of innocence, the principle “bail not jail” has guided Indian courts for decades. Yet, recent judicial trends, stringent statutes, and misuse of preventive detention laws reflect a worrying departure from this ideal. This article critically examines the legal framework of bail in India, explores landmark judicial pronouncements, evaluates challenges posed by special legislations like UAPA and PMLA, and suggests reforms to revive the fading promise of liberty in Indian democracy.

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