The question arises on how could a prosecution prove in any given case that the accused had sexually assaulted the victim because she was Dalit/ Adivasi and what evidences can be used. • The only evidence that can be used is that the victim was from an SC/ST community and that the accused was aware of that
Thus, in several incidents the act is set aside, insisting on an unrealistic burden of proof.
Repeated setting aside of convictions under the PoA Act would bolster the allegations that the law is misused and lead to increased caste-based violence faced by women. • Further, as per the recent Parliamentary Standing Committee Report on Atrocities and Crimes against Women and Children, the “high acquittal rate motivates and boosts the confidence of dominant and powerful communities for continued perpetration”
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