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SC-ST Act

The document summarizes the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 in India. It discusses (1) crimes against SC/ST communities such as violence and discrimination, (2) government actions established to prevent atrocities, and (3) key definitions and features of the Act, including the establishment of special courts and provisions for victim compensation.

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628 views18 pages

SC-ST Act

The document summarizes the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 in India. It discusses (1) crimes against SC/ST communities such as violence and discrimination, (2) government actions established to prevent atrocities, and (3) key definitions and features of the Act, including the establishment of special courts and provisions for victim compensation.

Uploaded by

KAVI KING
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SCHEDULED CASTE AND

SCHEDULED TRIBE
(PREVENTION OF ATROCITIES)
ACT, 1989
q Crimes against SC/ST – Atrocities of
various forms

q Government actions against atrocities

q Meaning and Definition of Atrocities


q Salient Features of the Act

q Suggestions
DIVISION OF THE PEOPLE
q People are divided on the line of religion first, and sub-divided
into .
q Amongst them, the Scheduled Castes and Tribes are
traditionally considered not only backward in terms of
economy, education and politics, but also s
in place of work.
is an official term, given to the low caste
Hindu communities, who are generally referred as
‘untouchables’. Clause 24 of Article 366 of the
Constitution India defines the term Scheduled Castes as
such castes, races or tribes or parts of or groups within
such castes, races or tribes as are deemed under article
341 to be Scheduled Castes
q Tribe is an aggregate of people united or bound by ties of
descent, form of common ancestor, commonality of customs,
traditions, dialects and distinct from the rest of the society at
large.
q Most tribes live in hills and are isolated from the mainstream
societies in some way of the other, wherever they are.
q The term Scheduled Tribe as per Article 366(25) of the
Constitution of India defines Scheduled Tribes as ‘such tribes
or tribal communities or parts of or groups within such tribes
or tribal communities as are deemed under Article 342.
Crimes against SC/ST – Atrocities of various forms

qViolence against SC/ST is very nuanced in nature, so it is difficult to


separate atrocities against SC/ST from law and order problems.
qSo in many instances, the case is registered under IPC or CrPC than
PoA.
1. Cow vigilantism
2. Honour killing
3. Social boycott
4. Caste clashes
5. Discrimination in universities
Examples of atrocities in independent India

q Kizhavenmani, Tamil Nadu (1958)


q Karamchedu, Andhra Pradesh, 1984
q Tsunduru, Andhra Pradesh, 1991
q Six cases of Bihar including the Bathani Tola (1996)
and Laxmanpur Bathe (1997)
q Kambalapalli, Karnataka
Government actions against atrocities
Indian Constitution, Indian Parliament, and various
state legislatures have stringent provisions against
atrocities targeting SCs or STs.
q Article 17, Article 46, Article 338 – 338-A.
q State Actions
q Scheduled Caste and Scheduled Tribe (Prevention
of Atrocities) Act, 1989 and Rules, 1995
q Thoratt committee 2007
ORIGIN & DEVELOPMENT of THE SC/ST
(PREVENTION OF ATROCITIES) ACT 1989
q As the existing laws like Protection of Civil Right Acts 1955
and the Indian Penal Code have been found inadequate to
effectively prevent atrocities against members of scheduled
caste and scheduled tribe.
q Due to legal loopholes, the
as compared to those of the Indian Penal Code (IPC), the
Protection of Civil Rights Act almost failed to meet its objectives.
q Thus, a more comprehensive and more punitive Act was required
to protect SCs and STs from violence committed by other
communities.
q The Parliament of India enacted an Act
The Atrocities of the Act and Rules is generally a division into three
different categories,which covers a list of problems or issues
related to atrocities against SC/ST people and their position in
society.
q The first category contains provisions generally establishes
criminal liability for a number of specifically defined crimes
given in the Indian Penal Code (IPC).
q The second category contains provisions for

q The third category contains provisions that set up special


authorities for the exertion and monitoring of the Act.
MEANING AND DEFINITION OF ATROCITIES
THE SALIENT FEATURES OF THE ACT
q The creation of new offense categories that are not covered by the
Protection of Civil Rights Act of 1955 (PCRA) nor the Indian Penal Code
(IPC).
q Crimes committed against members of the Scheduled Castes and Tribes
are punished.
q It gives victims specific rights and protections.
q For quicker case resolution, it establishes Special Courts and Special
Public Prosecutors.
q Committing crimes just with certain people (by non-SCs on SCs and non-
STs on STs). Punishment for non-SC/ST public employees who fail to
perform their obligations.
q Refusal to grant anticipatory bail.
q Provides victims of atrocities or their legitimate heirs with compensation,
relief, and rehabilitation[ The Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, § 17(3), 21(2)(iii).
q System of mandatory and recurring monitoring at the district, state, and
federal levels.
SC/ST Prevention of Atrocities (Amendment) Act, 2015
introduced to make the act more stringent with the following provisions:
q It recognized more instances of “atrocities” as crimes against SCs and STs.
q It provided for the establishment of exclusive special courts and special
public prosecutors to try offenses under the PoA Act.
q Act defined the term ‘wilful negligence’ in the context of public servants at
all levels, starting from the registration of the complaint to dereliction of
duty under this Act.
q If the accused was acquainted with the victim or his family, the court will
presume that the accused was aware of the caste or tribal identity of the
victim unless proved otherwise.
2018 SC Judgment
Supreme Court in its ,
introduced the following safeguards to the accused under SC/ST
act.
Key guidelines
qThe bar on anticipatory bail under the Act need not prevent
courts from granting advance bail if there is no merit in a
complaint
q“Preliminary enquiry” to be conducted in all cases before
registration of FIRs.
qThe person can be arrested by an investigating officer, only if
the “appointing authority” (in the case of a public servant) or
the SP (in the case of others) approves such arrest.
2018 Amendment to the Act
In 2018, in response to this dilution of the act and public
uproar against it, Parliament introduced Section 18A
safeguards introduced by the Supreme Court.
q Preliminary inquiry shall not be required for registration of a
First Information Report against any person.
q No approval is required before the arrest of the accused under
this act.
q It rules out any provision (Section 438 of the CrPC that deals
with anticipatory bail) for anticipatory bail for the accused.
q Kanubhai M. Parmar v. State of Gujarat Criminal
Revision Application Appeal No. 155 of 1997.
q Subhash Kashinath Mahajan v. State of Maharashtra
and Others AIR 2018 SC 1498.
q Satki Devi V. Tikam Singh 2006 CriLJ 4721.
q Arumugam Servai vs. State of Tamil Nadu[ (2011) 6
SCC 405.
q Prathvi Raj Chauhan v. Union of India and Ors (2020)
4 SCC 727.
q Minimising the duration of trials.
q Registration of Cases.
q Increasing awareness about several legal remedies and different rights
available to the marginalized community.
q Expecting the law to deliver justice to victims of caste violence is rather
an impractical solution to a recurring problem.
q Dr. B.R. Ambedkar once said, until there is a paradigm shift in
how people think about caste-based discrimination, the Indian
Constitution's promise of

q By socio-cultural upliftment of SC/ST through their meaningful


integration into society, by giving adequate capacity building
opportunities through education, employment etc. must be the end
of this struggle.

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