SC ST Act

The present blog aims to provide an in-depth analysis of the important provisions of the Act, along with important case laws wherein the issue of misuse of the Act has been addressed repeatedly. The Act of 1989 provides for the prevention of atrocities against people belonging to SCs and STs. It also aims to provide for the effective implementation of the constitutional provisions for their protection and welfare. The Act lays down various offences that are punishable under the law. These offences include offences such as atrocities in public, molestation of women belonging to SC/ST, etc.

Introduction

The concept of the caste system has been a part of Indian civilization since ancient times. It has been a source of oppression for people from the backward sections of society for a long time. However, the Constitution of India provides for provisions for the welfare and protection of the people belonging to the Scheduled Castes (SC), Scheduled Tribes (ST), and other backward classes in Part XVI. These provisions are essential to the laws enacted to protect the marginalized communities of Indian society. The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989, is one such step that has been taken to provide social justice to the people belonging to these backward classes. However, in recent years, there have been instances where some people have been found misusing the provisions of the Act, which were otherwise enacted for their welfare and protection. People are often falsely accused under the offences of the Act of 1989. In such cases, it becomes crucial for law enforcement agencies to develop relevant measures and safeguards to prevent the misuse of this Act.

About SC ST and Available Rights

The caste system has been deeply embedded in Indian society since ancient times, resulting in discrimination and oppression against people belonging to the backward classes. To address this issue and protect marginalized communities, the Constitution of India includes provisions for the welfare and protection of the Scheduled Castes (SC), Scheduled Tribes (ST), and other backward classes in Part XVI. One such step taken towards social justice for these classes is the Scheduled Castes and Tribes (Prevention of Atrocities) Act of 1989 (hereinafter referred to as the Act of 1989).

The primary objective of the Act of 1989 is to prevent the atrocities inflicted upon the SC and ST communities by other segments of society. It establishes exclusive courts to try such offences committed against members of these communities. It even provides rehabilitation and other necessary reliefs for the victims of such offences under Section 21. The Act aims to increase the participation and inclusion of the SC and ST communities in society and improve their social and economic conditions.

The Act of 1989 is an essential step towards the progress and advancement of the country as a whole. For centuries, the SC and ST communities have been the targets of the upper-caste members of society and have suffered inhumane treatment. The Act was enacted on 11.09.1989, with the primary objective of preventing such atrocities, humiliations, and unjust behaviour and punishing the offenders behind such inhumane acts.

The Act also defines preventive and punitive measures to shield the victims of the SC and ST tribes and deter the crimes committed by non-SC-STs against them. The government has amended the Act by adding several new aspects since its enactment to accommodate changing social conditions and make it more effective.

This act was introduced to address the inadequacy of the provisions of IPC, and the other existing laws led to enacting the Act of 1989. The legislature's intention was to curb the ills of the caste system. It has plagued Indian society for ages and prevented the atrocities that the people of SC and STs suffer.

However, over the years, it has been observed that certain people have been misusing the provisions of the Act, which were otherwise enacted for the welfare and protection of the backward classes. False accusations are made under the offences of the Act, leading to an urgent need for law enforcement agencies to develop measures and safeguards to prevent this Act's misuse.

The Act's provisions constitute an important part of the laws enacted to protect the marginalized communities of Indian society. The present blog discusses the Act's important provisions in detail and highlights the crucial need for addressing the issue of its misuse through important case laws.

In conclusion, the Act of 1989 is essential legislation aimed at protecting the backward segments of society, mainly the SC and ST, from the atrocities they suffer and increasing their active participation and inclusion in society. It pursues to prevent the offences committed by other segments of society against these tribes. It also provides rehabilitation and other necessary relief to the victims of such offences. However, the misuse of the Act by certain people has led to the need for law enforcement agencies to develop relevant measures and safeguards to prevent such misuse. The Act's provisions remain crucial for protecting the marginalized communities of Indian society and must be enforced effectively to achieve its intended objectives.

Purpose of SC ST Act

India has witnessed numerous incidents of oppression based on caste, particularly against people from backward communities, commonly referred to as “Dalits.” These individuals are regarded as untouchables and encounter severe discrimination due to their caste. In response to these communities' atrocities, the Scheduled Castes and Tribes (Prevention of Atrocities) Act of 1989 was enacted. The preamble states that the law aims to prevent crimes and atrocities against the SC and ST. The parliament recognized that the existing laws, such as the IPC and the Civil Rights Act of 1955, were inadequate to prevent and deter crimes against SCs and STs. Therefore, a new law was required to protect and safeguard the interests of these people. The law aims to provide justice to the lower castes and eliminate the cruel practices of untouchability.

The Allahabad High Court, in a case, expressed the view that the primary objective of the SC-ST Act is to integrate the Dalits into society and provide them with better opportunities, along with guaranteeing their social, economic, and political rights. 

Important provisions under the Act 

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989: Overview and Important Provisions

Overview of the Act

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is a legal framework enacted to protect the interests of the socially and economically backward classes in India, commonly known as "Dalits" or Scheduled Castes and Scheduled Tribes (SC/ST).[1] The Act seeks to prevent and punish the crimes and atrocities committed against these communities, historically suffering from discrimination and exploitation.

The Act's Penal Provisions

The Act provides penal provisions for offences not adequately addressed in existing laws, such as the Indian Penal Code of 1860 and the Civil Rights Act of 1955. The Act aims to impose severe punishments for offences committed against the most vulnerable sections of society. The stringent punishment is intended to curb the atrocities faced by these sections.

Protection and Relief Measures

The Act provides protection and covers various atrocities, including exploitation, malicious prosecution, assault, infringement of social and political rights, and other offences committed by non-SC/ST persons against the SC and STs. It further provides the victims monetary damages, rehabilitation, and other reliefs.[2] The Act establishes special courts to try the offences under this Act and authorities to ensure the safety of and other regular checks on these communities.

Important Provisions of the Act

·         Section 2 of the Act deals with various definitions, such as atrocity, code, the meaning of scheduled caste and scheduled tribes, special courts, and special public prosecutors. Clause (2) of the Section further provides that if any reference made in this Act is not in force in any particular area, the corresponding law of that reference shall be in force.[3]

·         Section 3 of the Act provides for punishment for various offences that constitute atrocity against the SC/STs. The maximum sentence in certain cases may extend up to seven years or, in certain cases, up to 5 years, as provided under the different clauses and sub-clauses of Section 3.

·         Section 4 of the Act provides for punishment to the public servant who wilfully or knowingly neglects his duties required to perform as per the provisions of this Act. The minimum period of punishment is six months, which may extend up to one year.

• Section 5 of the Act provides for punishment in case of subsequent conviction, which shall not be less than one year but can extend up to the punishment provided for that particular offence. The Act also provides for the special court's power to order forfeiture of the property in certain offences, as prescribed under Section 7 of the Act. In the case of D. Ramlinga Reddy v. State of AP, the Andhra Pradesh High Court held that Rule 7 of the SC/ST Act is mandatory. The court stated that the investigation under the Act must be conducted by an officer with a DSP or higher rank. If an investigation is carried out by an incompetent officer and a charge sheet is filed, then it can be quashed.
• The Act confers the power of a police officer to any government official by publishing a gazetted notification if the state governments find it necessary to do so in the interest of justice. The power is conferred under Section 9 of the Act.
• Under Section 10, the special court has the power to remove any person out of the limits of a particular area if the court believes that the person might commit any offence under this Act. Section 11 provides for the custody or arrest of a person who has not complied with the directions provided under Section 10 of the Act. The special court can permit the person temporarily removed to return to that area.
• Finally, the Act provides for appointing a special public prosecutor to conduct the cases in the court under Section 15.

Recent Amendments to the Act 

Scheduled Castes and Scheduled Tribes Amendment Rules, 2016 

The Amendment Rules were introduced with the aim of providing swift justice to the victims of atrocities, with special emphasis on women victims, and to ensure proper relief mechanisms for those affected by caste-based discrimination. One of the key provisions of the amendment was the requirement to file chargesheets and complete investigations within sixty days. It also included provisions for relief for rape victims and focused on various relief measures for victims in different situations.[4] The amendment also called for regular reviews of schemes to ensure the rights and entitlements of the SC and ST communities.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018

The primary aim of the 2018 Amendment Act was to counteract the impact of the Mahajan case verdict delivered by the Supreme Court in 2018. The amendment declares there is no need for a preliminary investigation before filing an FIR for offences under the 1989 Act. Additionally, it specifies that the authorities do not require the approval of the Superintendent of Police before arresting anyone under this legislation.[5] Furthermore, individuals accused of offences under this Act are not eligible for anticipatory bail.

Conclusion

In conclusion, the SC-ST Act is a crucial piece of legislation in India that seeks to protect the interests of the marginalized sections of society. The Act provides stringent punishment for those who commit atrocities against SC and STs and provides various relief mechanisms for the victims. The establishment of special courts and authorities for ensuring the safety of these communities is an important feature of the Act. The recent amendments to the Act, including removing the requirement for a preliminary inquiry and prior permission for arrest, have strengthened the Act's effectiveness. Despite this, there have been instances where the Act has been misused, and steps must be taken to prevent such occurrences. Overall, the SC-ST Act remains a vital tool in protecting the rights and dignity of the most vulnerable sections of society.

References 

---

[1] https://blog.ipleaders.in/scheduled-castes-and-scheduled-tribes-prevention-of-atrocities-act-1989/

[2] Ibid.

[3] https://www.legalserviceindia.com/article/l440-Scheduled-Castes-and-Tribes-Act-.html

[4] https://taxguru.in/corporate-law/sc-st-prevention-atrocities-amendment-rules-2016.html#:~:text=The%20Scheduled%20Castes%20and%20Scheduled,effect%20to%20the%20amended%20provisions.

[5] https://prsindia.org/billtrack/the-scheduled-castes-and-the-scheduled-tribes-prevention-of-atrocities-amendment-bill-2018#:~:text=Aug%2009%2C%202018-,The%20Scheduled%20Castes%20and%20the%20Scheduled%20Tribes%20(Prevention%20of%20Atrocities,of%20Atrocities)%20Act%2C%201989.

Please follow Atharv Law Services for further information about the SC-ST Prevention of Atrocities Act