General News
Court case drags on for five years, as no copy of Act found
This is perhaps the first case of intra-community social ostracism that has revived the Prevention of Social Disability Act 1985 in Maharashtra.
Some (non-Dalit) families living in Shivajinagar wadi at Harihareshwar in Raigad district have filed a case with the police for being ostracised by their own community members over petty quarrels five years ago.
The case has been dragging on in the Shriwardhan Court because a copy of the Act under which the case was filed was not available with the court, the public prosecutor or even with the police station that registered the case. After fighting the case for over five years and running from pillar to post to procure a copy of the Act, a copy was finally found at the Pune-based Gokhale institute of Social Sciences.
"The case was registered under section 3 and 4 of the Social Disability Act in August 2004," said Sandeep Krishna Jadhav, a resident of Shivajinagar wadi in Harihareshwar, taluka Shriwardhan, who belongs to one of eight families allegedly ostracised by influential families of their own community in the village for going against their decisions in the gram panchayat elections. "Since a copy of the Act was not available with the Shriwardhan court, the court could not make any judgement and progress of the case was stalled," he added.
"We went to all the government publication establishments in Pune and Mumbai, but couldn't get a copy of the Act anywhere," said Jadhav.
In April 2009, the judicial magistrate court also took cognisance of this fact. The order of the court states, 'Till today, the book of the Social Disabilities Act, 1985, is not made available by the prosecution. There is no copy of that book in the Court Library. The name of that book is not appearing in the list of Central and State Act, displayed on the official website of the Central and State government respectively.'
The order further says, 'The evidence of the prosecution is recorded. The statement of the accused under section 313 of the Criminal Procedure Code is also recorded. Arguments on behalf of prosecution as well as the accused was also heard and the matter was posted for judgment. However, till the date of judgment, the copy of the Social Disabilities Act, 1985, was not available to this court.'
"The judgement was stalled and the court was thinking of running the case afresh as per the Bombay Prevention of Ex-communication Act 1949," said Asim Sarode, lawyer and human rights activist, who helped the affected families in their search for a copy of the Act.
"Since the copy has now been found, we will present it in court so that the court can expedite the process and give judgment," said Jadhav.
Sarode elaborated on the Act concerned. "The Prevention of Social Disabilities Act, 1985, provides protection against any kind of discrimination meted out to anyone living in a community, irrespective of his caste, creed, social or economic status. Since the discrimination meted out is intra-community, the police registered the case under this Act. It is perhaps the first case of intra-community social ostracism and has revived the Prevention of Social Disability Act 1985 in Maharashtra," he added.
Additional Information
Country: India
Website: http://timesofindia.indiatimes.com/city/pune/Court-case-drags-on-for-five-years-as-no-copy-of-Act-found/articleshow/5550447.cms
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Source: Mail from: MORI Soya
When: 20/2/2010
