The issue of Schedule caste / Scheduled Tribe act

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The issue of Schedule caste / Scheduled Tribe act

In March 2018, The Supreme Court observed that the SC/ST (Prevention of Atrocities) Act of 1989 has become an instrument to “blackmail” innocent citizens and public servants.

The Supreme Court’s decision to issue guidelines to check the abuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has raised many eyebrows with several Political Parties and Dalit activists demanding its review. The apex court ordered that under the Act, a public servant can be arrested after approval of the appointing authority and a non-public servant only after a sanction by the Senior Superintendent of Police. It opened a window of anticipatory bail and a way to ascertain whether complaints against the accused were frivolous or motivated.

In India, SCs and STs have suffered social ostracisation and economic deprivation for centuries. To address this social deficit and achieve the “dignity of the individual” was set out as one of the objectives in The Preamble to the Constitution. ARTICLE 17 abolished untouchability and made it “an offence punishable in accordance with law”. Despite laws, the abhorrent practice of discrimination and violence against the SCs and STs continues.

Statistics show that the conviction rate under the Act is low and the less-than-enthusiastic pursuit of investigation and prosecution reflects in the disposal of cases by courts. On the other hand, most result in acquittal/withdrawal or compounding of most cases against the accused too.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

It was enacted to:

Prevent the commission of offences of atrocities against the members of the Scheduled Castes and Scheduled Tribes

establish Special Courts for the trial of such offences and
Provide relief and rehabilitation of the victims of such offences.

Despite the deterrent provisions made in the Act, atrocities against the members of the Scheduled Castes and Scheduled Tribes continues at a disturbing level.

The act also didn’t cover certain forms of atrocities, known to be occurring in recent years.

The implementation of the Act also suffered due to (a) procedural hurdles such as non-registration of cases; (b) procedural delays in investigation, arrests and filing of charge-sheets; and (c) delays in trial and low conviction rate.

In this background, the above act was amended in 2015-

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015

New offences of atrocities:It adds new categories of actions to be treated as offences such as garlanding with footwear, compelling to do manual scavenging, imposing or threatening a social or economic boycott.

Speedy disposal: Exclusive Special Courts to be established along with the specification of Exclusive Special Public Prosecutors to ensure completion of the trial of the case within two months, from the date of filing of the charge sheet.

Addition of presumption to the offences: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.

Wilful negligence:it clearly defines the term ‘wilful negligence’ of public servants at all levels, starting from the registration of complaint, and covering aspects of dereliction of duty under this Act.

Rights of victims and witnesses:

The Bill adds a chapter on the rights of victims and witness.

It shall be the duty of the state to make arrangements for the protection of victims, their dependents and witnesses.

The State Government shall specify a scheme to ensure the implementation of rights of victims and witnesses.

NCRB Data 2017

The NCRB data of crimes against SC/ST (PoA) Act, as revealed in its 2017 annual report, reveals that while in 2014 the number of cases were 40,401, they had dropped marginally by 4.3% to 38,670 in 2015, but had risen by 5.5% to reach 40,801 in 2016.

In 2016, Uttar Pradesh (10,426 cases) reported the highest number of cases of atrocities against SCs accounting for 25.6% of the total followed by Bihar with 14.0% and Rajasthan with 12.6% during 2016.

The largest proportion of these cases was of assault on Women with intent to outrage her modesty at 7.7% (3172 cases) followed by rape at 6.2% (2,541 cases).

In the case of STs, the number of cases stood at 6,827 in 2014, fell by 8.1% to reach 6,276 in 2015, and then rose by 4.7% to 6,568 in 2016.

In the case of STs, Madhya Pradesh (1,823 cases) reported the highest number of cases of atrocities at 27.8% followed by Rajasthan (18.2%) and Odisha (10.4%).

In the case of STs, there were 974 rape cases which constituted 14.8% of all crime against them.

The disposal of cases by police and courts revealed that under the Act, 1989, 11,060 cases were taken up for investigation in 2016 and the charge-sheeting rate was 77%.

In 2016, there were 45,233 cases pending trial from the previous year under the 1989 Act whereas 5124 were sent for trial during the year resulting in a total of 50,357 cases during the year.

Final reports submitted by the police during the year revealed that the police had found 2150 cases to be “true but (with) insufficient evidence”, 5,347 cases to be “false”, and 869 cases to be “mistake of fact”.

The Scheduled Castes and Scheduled Tribes Act, 1950 is an act of the Parliament of India that provides for the protection of the rights of the Scheduled Castes and Scheduled Tribes, who are historically marginalized groups in India. The act also provides for the promotion of their social, educational, and Economic Development.

The act was enacted in the aftermath of India’s independence from British rule in 1947. The framers of the Indian Constitution were aware of the historical discrimination faced by the Scheduled Castes and Scheduled Tribes, and they wanted to ensure that these groups would have equal rights and opportunities in the new India. The Scheduled Castes and Scheduled Tribes Act was one of the first laws enacted by the Indian Parliament after independence, and it has played a vital role in protecting the rights of these groups.

The act defines the Scheduled Castes and Scheduled Tribes as follows:

“Scheduled Castes” means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 of the Constitution to be Scheduled Castes for the purposes of this Act.
“Scheduled Tribes” means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 of the Constitution to be Scheduled Tribes for the purposes of this Act.

The act prohibits discrimination against the Scheduled Castes and Scheduled Tribes in any form, including:

Discrimination in EMPLOYMENT
Discrimination in Education
Discrimination in public places
Discrimination in the administration of Justice

The act also provides for reservation of seats in educational institutions and government jobs for the Scheduled Castes and Scheduled Tribes. This reservation is intended to ensure that these groups have equal opportunities to participate in all spheres of life.

The act has been successful in protecting the rights of the Scheduled Castes and Scheduled Tribes. However, there are still challenges that need to be addressed. One challenge is that the act is not always implemented effectively. There have been allegations of Corruption and misuse of the act. Another challenge is that there is still a lot of discrimination against the Scheduled Castes and Scheduled Tribes. This discrimination can take many forms, including verbal abuse, physical violence, and social exclusion.

Despite these challenges, the Scheduled Castes and Scheduled Tribes Act has been a positive force for change in India. The act has helped to improve the lives of millions of people, and it has played a vital role in promoting Equality and justice for all.

The way forward for the Scheduled Castes and Scheduled Tribes Act is to strengthen its implementation, increase awareness about the act, provide more Resources for the development of the Scheduled Castes and Scheduled Tribes, and ensure that the act is not misused. The government should take steps to ensure that the act is implemented effectively and that there is no corruption or misuse of the act. The government should also increase awareness about the act among the general public and among the Scheduled Castes and Scheduled Tribes themselves. The government should also provide more resources for the development of the Scheduled Castes and Scheduled Tribes, such as education, healthcare, and employment opportunities. Finally, the government should ensure that the act is not misused. The act should only be used to protect the rights of the Scheduled Castes and Scheduled Tribes, and it should not be used to discriminate against other groups.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India which provides for the prevention of atrocities against members of Scheduled Castes and Scheduled Tribes. The Act defines an “atrocity” as an act of violence or intimidation committed against a member of a Scheduled Caste or Scheduled Tribe with the intention of humiliating or degrading them on the ground of their caste or tribe. The Act also provides for the punishment of those who commit such atrocities.

The Act has been amended several times since it was enacted in 1989. The most recent amendment was made in 2015. The amendment has made the Act more stringent and has also provided for the appointment of Special Public Prosecutors to deal with cases of atrocities against Scheduled Castes and Scheduled Tribes.

The Act has been hailed as a landmark legislation that has helped to improve the lives of Scheduled Castes and Scheduled Tribes. However, the Act has also been criticized for being ineffective in preventing atrocities against these communities.

Here are some frequently asked questions about the Act:

What are Scheduled Castes and Scheduled Tribes?

Scheduled Castes and Scheduled Tribes are groups of people who have been historically discriminated against in India. Scheduled Castes are also known as Dalits. Scheduled Tribes are also known as Adivasis.

What is the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?

What are some of the atrocities that are covered by the Act?

The Act defines an “atrocity” as an act of violence or intimidation committed against a member of a Scheduled Caste or Scheduled Tribe with the intention of humiliating or degrading them on the ground of their caste or tribe. Some of the atrocities that are covered by the Act include:

Murder
Rape
Assault
Kidnapping
Extortion
Immoral trafficking
Forced labour
Denial of access to public facilities
Desecration of places of worship
What are the punishments for committing atrocities under the Act?

The punishments for committing atrocities under the Act are severe. The Act provides for imprisonment for a term of not less than six months and up to ten years, and also provides for a fine. In some cases, the Act also provides for life imprisonment or death.

What are the challenges in implementing the Act?

There are a number of challenges in implementing the Act. Some of the challenges include:

Lack of awareness about the Act among the general public
Lack of resources to investigate and prosecute cases under the Act
Lack of political will to implement the Act effectively
Collusion between the police and the perpetrators of atrocities
What are the steps that have been taken to address the challenges in implementing the Act?

The government has taken a number of steps to address the challenges in implementing the Act. Some of the steps include:

Awareness campaigns about the Act have been launched
More resources have been allocated to investigate and prosecute cases under the Act
Special courts have been set up to deal with cases under the Act
The Act has been amended to make it more stringent
What is the impact of the Act?

The Act has had a positive impact on the lives of Scheduled Castes and Scheduled Tribes. The Act has helped to reduce the incidence of atrocities against these communities. The Act has also helped to improve the access of Scheduled Castes and Scheduled Tribes to public facilities and Services.

What are the future challenges for the Act?

The Act faces a number of challenges in the future. Some of the challenges include:

The need to continue awareness campaigns about the Act
The need to ensure that the Act is implemented effectively
The need to address the root causes of atrocities against Scheduled Castes and Scheduled Tribes
The need to ensure that the Act is not misused

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to protect the members of the Scheduled Castes and Scheduled Tribes from:
(a) Social boycott
(b) Economic boycott
(c) Physical violence
(d) All of the above
The Act provides for punishment for the following offences:
(a) Atrocities committed against members of the Scheduled Castes and Scheduled Tribes
(b) Atrocities committed against women belonging to the Scheduled Castes and Scheduled Tribes
(c) Atrocities committed against children belonging to the Scheduled Castes and Scheduled Tribes
(d) All of the above
The Act also provides for the following reliefs and benefits to the victims of atrocities:
(a) Compensation
(b) Rehabilitation
(c) Restitution of land and other property
(d) All of the above
The Act has been amended several times since its enactment. The latest amendment was made in the year:
(a) 2005
(b) 2010
(c) 2015
(d) 2020
The Act has been criticized for a number of reasons, including:
(a) It is not effectively implemented
(b) It is misused by some people
(c) It is not sensitive to the cultural and social needs of the Scheduled Castes and Scheduled Tribes
(d) All of the above
The Act has also been praised for a number of reasons, including:
(a) It has helped to reduce the incidence of atrocities against the Scheduled Castes and Scheduled Tribes
(b) It has helped to improve the social and economic status of the Scheduled Castes and Scheduled Tribes
(c) It has helped to empower the Scheduled Castes and Scheduled Tribes
(d) All of the above
The Act is a landmark legislation that has helped to improve the lives of the Scheduled Castes and Scheduled Tribes. However, there are a number of challenges that need to be addressed in order to ensure that the Act is effectively implemented and that its benefits are fully realized.
One of the key challenges is the lack of awareness about the Act among the Scheduled Castes and Scheduled Tribes. Many people are not aware of their rights under the Act and do not know how to avail of the reliefs and benefits that are available to them.
Another challenge is the lack of effective implementation of the Act. There have been a number of cases where the Act has not been implemented effectively, leading to impunity for the perpetrators of atrocities.
The Act is also facing challenges from vested interests who are opposed to the rights of the Scheduled Castes and Scheduled Tribes. These vested interests have been trying to dilute the Act and make it ineffective.
Despite these challenges, the Act remains a powerful tool for the Empowerment of the Scheduled Castes and Scheduled Tribes. It is important to ensure that the Act is effectively implemented and that its benefits are fully realized.