Provisions Of SC (1)

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Provisions of SC/ST Atricities act,

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes. The Act is popularly known as POA, the SC/ST Act, the Prevention of Atrocities Act, or simply the Atrocities Act.

ARTICLE 17 of Indian Constitution seeks to abolish ‘untouchability’ and to forbid all such practices. It is basically a “statement of principle” that needs to be made operational with the ostensible objective to remove humiliation and multifaceted harassments meted to the Dalits and to ensure their fundamental and socio-economic, political, and cultural rights.

Objectives of the act

The basic objective and purpose of this more comprehensive and more punitive piece of legislation was sharply enunciated when the Bill was introduced in the Lok Sabha:

“Despite various measures to improve the socio-economic conditions of the SCs and STs, they remain vulnerable… They have, in several brutal incidents, been deprived of their life and property… Because of the awareness created… through spread of Education, etc., when they assert their rights and resist practices of untouchability against them or demand statutory minimum wages or refuse to do any bonded and forced labour, the vested interests try to cow them down and terrorise them. When the SCs and STs try to preserve their self-respect or honour of their Women, they become irritants for the dominant and the mighty… Under the circumstances, the existing laws like The Protection Of Civil Rights Act 1955 and the normal provisions of the Indian Penal Code have been found to be inadequate to check and deter crimes against them committed by non-SCs and non-STs… It is considered necessary that not only the term ‘atrocity’ should be defined, but also stringent measures should be introduced to provide for higher punishment for committing such atrocities. It is also proposed to enjoin on the States and Union Territories to take specific preventive and punitive measures to protect SCs and STs from being victimized and, where atrocities are committed, to provide adequate relief and assistance to rehabilitate them”.

 The objectives of the Act, therefore, very clearly emphasise the intention of the Indian state to deliver Justice to SC/ST communities through affirmative action in order to enable them to live in Society with dignity and self-esteem and without fear, violence or suppression from the dominant castes.

The salient features of the Act are:

  • Creation of new types of offences not in the Indian Penal Code (IPC) or in the Protection of Civil Rights Act 1955 (PCRA).
  • Commission of offences only by specified persons (atrocities can be committed only by non-SCs and non-STs on members of the SC or ST communities. Crimes among SCs and STs or between STs and SCs do not come under the purview of this Act).
  • Defines various types of atrocities against SCs/STs.
  • Prescribes stringent punishment for such atrocities.
  • Enhanced punishment for some offences.
  • Enhanced minimum punishment for public servants.
  • Punishment for neglect of duties by a public servant.
  • Attachment and forfeiture of property.
  • Externment of potential offenders.
  • Creation of Special Courts.
  • Appointment of Special Public Prosecutors.
  • Empowers the government to impose collective fines
  • Cancellation of arms licences in the areas identified where an atrocity may take place or has taken place (Rule 3iii) and seize all illegal fire arms (Rule 3iv).
  • Grant arms licences to SCs and STs.

Defining ‘atrocity’

  • Atrocity is “an expression commonly used to refer to crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs) in India”.
  • It “denotes the quality of being shockingly cruel and inhumane, whereas the term ‘crime’ relates to an act punishable by law”.
  • It implies “any offence under the Indian Penal Code (IPC) committed against SCs by non-SC persons, or against STs by non-ST persons. Caste consideration as a motive is not necessary to make such an offence in case of atrocity”.
  • It signifies “crimes which have ingredients of infliction of suffering in one form or the other that should be included for reporting”. This is based on the assumption that “where the victims of crime are members of Scheduled Castes and the offenders do not belong to Scheduled Castes caste considerations are really the root cause of the crime, even though caste considerations may not be the vivid and minimum motive for the crime”.

The Act lists 22 offences relating to various patterns of behaviours inflicting criminal offences for shattering the self-respect and esteem of SCs and STs, denial of economic, democratic and social rights, discrimination, exploitation and abuse of the legal process, etc.

Section 3 of the Act lists the criminal offences and the punishments. It contains:

  • 19 offences in their own right (Section 3(1) contains 15 subsections with an equal number of offences. Section 3(2) contains four subsections with offences).
  • two derived offences (sections 3(2)(vi) and 3(2)(vii)). The derived offences are based on the offences given in the SC/ST Act. They only come in the picture provided that another offence under the SC/ST Act has been committed.
  • one subsection that increases the punishment for certain offences under the IPC (Section 3(2)(v)).

These protections can be broadly divided into protection from:

  • social disabilities (denial of access to certain places and to use customary passage and to get water from any spring, reservoir or any other source).
  • personal atrocities (forceful drinking or eating of inedible or obnoxious substance, against stripping, outrage of modesty, sexual exploitation, injury or annoyance). atrocities affecting properties (land, residential premises, existing properties).
  • malicious prosecution.
  • political disabilities. economic exploitation

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The Scope of the Act

The Securities and Exchange Commission Act of 1934 (the “Act”) is a United States federal law that was enacted in the aftermath of the stock market crash of 1929. The Act established the Securities and Exchange Commission (the “SEC”), which is responsible for regulating the securities markets in the United States.

The Act’s scope is broad, and it covers a wide range of activities related to the securities markets. Some of the activities that are covered by the Act include:

The Act also contains provisions that are designed to protect investors from fraud and other abuses. For example, the Act prohibits insider trading, which is the buying or selling of a security based on material, non-public information.

Definitions

The Act defines a number of terms that are used throughout the statute. Some of the key terms that are defined in the Act include:

Offences

The Act prohibits a number of activities that are considered to be fraudulent or abusive. Some of the key offences that are prohibited by the Act include:

Penalties

The Act provides for a number of penalties for violations of the Act. Some of the key penalties that are available under the Act include:

Adjudication and Appeals

The SEC is responsible for enforcing the Act. The SEC can bring civil actions against individuals or companies that violate the Act. The SEC can also refer cases to the Department of Justice for criminal prosecution.

If a person is found guilty of violating the Act, the person may appeal the conviction to the United States Court of Appeals.

Miscellaneous

The Act contains a number of other provisions that are not discussed in this article. These provisions include provisions that are related to the registration of securities, the disclosure of information about securities, and the regulation of investment companies and investment advisers.

Here are some frequently asked questions and short answers about the provisions of The Supreme Court:

  1. What is the Supreme Court?
    The Supreme Court is the highest court in the United States. It has nine justices who are appointed by the president and confirmed by the Senate. The Supreme Court hears cases that involve federal law or the Constitution.

  2. What are the powers of the Supreme Court?
    The Supreme Court has the power to decide cases that involve federal law or the Constitution. It also has the power to strike down laws that it deems unconstitutional.

  3. How does the Supreme Court make decisions?
    The Supreme Court makes decisions by majority vote. If there is a tie vote, the lower court’s decision stands.

  4. What are some of the most famous Supreme Court cases?
    Some of the most famous Supreme Court cases include Roe v. Wade, which legalized abortion, and Brown v. Board of Education, which struck down racial segregation in public schools.

  5. What are some of the criticisms of the Supreme Court?
    Some people criticize the Supreme Court for being too powerful and for making decisions that are not in line with the will of the people. Others criticize the Supreme Court for being too slow to change and for being out of touch with the needs of the American people.

  6. What are some of the reforms that have been proposed for the Supreme Court?
    Some of the reforms that have been proposed for the Supreme Court include term limits for justices, expanding the number of justices, and making the Supreme Court more representative of the American people.

  7. What is the future of the Supreme Court?
    The future of the Supreme Court is uncertain. The court is currently divided 5-4, with four conservative justices and four liberal justices. If one of the conservative justices retires or dies, the next president could appoint a new justice who would shift the balance of power on the court. This could have a major impact on the court’s decisions in the years to come.

Sure, here are some MCQs on the following topics:

I hope this helps!

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