Provisions of SC/ST Atricities act

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

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India that provides for the prevention of atrocities against members of Scheduled Castes and Scheduled Tribes. The Act was enacted to provide a special legal framework for the protection of the rights of these communities, who have historically been subjected to discrimination and violence.

The Act defines an “atrocity” as any act of physical, verbal, or mental abuse that is committed against a member of a Scheduled Caste or Scheduled Tribe. The Act also defines a “victim” as any person who has been subjected to an atrocity.

The Act provides for a number of measures to prevent atrocities against Scheduled Castes and Scheduled Tribes. These measures include:

The establishment of special police units to investigate and prosecute cases of atrocities
The provision of compensation to victims of atrocities
The appointment of special prosecutors to handle cases of atrocities
The imposition of stringent penalties for those who commit atrocities

The Act has been successful in reducing the incidence of atrocities against Scheduled Castes and Scheduled Tribes. However, there are still a number of challenges that need to be addressed in order to ensure the full and effective implementation of the Act. These challenges include:

The lack of awareness of the Act among the general public
The lack of Resources to implement the Act effectively
The reluctance of victims to come forward and report atrocities
The lack of political will to address the issue of atrocities against Scheduled Castes and Scheduled Tribes

Despite these challenges, the Act has made a significant contribution to the protection of the rights of Scheduled Castes and Scheduled Tribes. The Act has helped to create a more just and equitable society for all Indians.

The following are the sub topics under the Provisions of SC/ST Atricities act:

Offences under the Act

The following are the offences under the Act:

Causing death
Attempt to murder
Rape
Grievous hurt
Kidnapping
Abduction
Forced labour
Exploiting bonded labour
Immoral trafficking
Unlawful removal of property
Destruction of property
Trespass
Assault
Criminal intimidation
Vile abuse
Unlawful demand
Extortion
Other offences
Punishment for offences under the Act

The following are the punishments for the offences under the Act:

Causing death – Death or imprisonment for life and fine
Attempt to murder – Imprisonment for a term which may extend to ten years and fine
Rape – Imprisonment for a term which may extend to seven years and fine
Grievous hurt – Imprisonment for a term which may extend to five years and fine
Kidnapping – Imprisonment for a term which may extend to seven years and fine
Abduction – Imprisonment for a term which may extend to five years and fine
Forced labour – Imprisonment for a term which may extend to three years and fine
Exploiting bonded labour – Imprisonment for a term which may extend to five years and fine
Immoral trafficking – Imprisonment for a term which may extend to seven years and fine
Unlawful removal of property – Imprisonment for a term which may extend to three years and fine
Destruction of property – Imprisonment for a term which may extend to two years and fine
Trespass – Imprisonment for a term which may extend to one year and fine
Assault – Imprisonment for a term which may extend to one year and fine
Criminal intimidation – Imprisonment for a term which may extend to two years and fine
Vile abuse – Imprisonment for a term which may extend to one year and fine
Unlawful demand – Imprisonment for a term which may extend to two years and fine
Extortion – Imprisonment for a term which may extend to seven years and fine
Other offences – Imprisonment for a term which may extend to one year and fine
Compensation to victims of atrocities

The Act provides for the payment of compensation to the victims of atrocities. The amount of compensation is determined by the State Government.

Special courts

The Act provides for the establishment of special courts to try cases of atrocities.

What is the SC/ST Atrocities Act?

The SC/ST Atrocities Act, 1989 is a law that protects the Scheduled Castes and Scheduled Tribes from atrocities. It was enacted to provide for special provisions for the prevention of atrocities against members of these communities and for the punishment of those who commit such atrocities.

What are some of the provisions of the SC/ST Atrocities Act?

The SC/ST Atrocities Act provides for a number of measures to prevent and punish atrocities against members of the Scheduled Castes and Scheduled Tribes. These measures include:

The appointment of Special Police Officers to investigate cases of atrocities against members of these communities.
The establishment of Special Courts to try such cases.
The provision of compensation to victims of atrocities.
The imposition of stringent penalties on those who commit such atrocities.

What are some of the challenges in implementing the SC/ST Atrocities Act?

There are a number of challenges in implementing the SC/ST Atrocities Act. These challenges include:

The lack of awareness about the Act among members of the Scheduled Castes and Scheduled Tribes.
The reluctance of victims to report cases of atrocities.
The lack of cooperation from the police and the judiciary in dealing with cases of atrocities.
The politicization of the issue of atrocities against members of the Scheduled Castes and Scheduled Tribes.

What can be done to address the challenges in implementing the SC/ST Atrocities Act?

A number of things can be done to address the challenges in implementing the SC/ST Atrocities Act. These include:

Raising awareness about the Act among members of the Scheduled Castes and Scheduled Tribes.
Providing support to victims of atrocities, including legal aid and compensation.
Sensitizing the police and the judiciary about the Act.
Taking steps to ensure that the Act is implemented in a fair and impartial manner.

What is the impact of the SC/ST Atrocities Act?

The SC/ST Atrocities Act has had a positive impact in reducing the incidence of atrocities against members of the Scheduled Castes and Scheduled Tribes. However, there is still a long way to go in ensuring that all members of these communities are able to live in safety and security.

Sure. Here are some MCQs on the following topics:

The Constitution of India prohibits discrimination on the grounds of:
(a) Religion
(b) Caste
(c) Sex
(d) All of the above
The SC/ST Atrocities Act was enacted in the year:
(a) 1955
(b) 1965
(c) 1975
(d) 1985
The SC/ST Atrocities Act provides for punishment for the following offenses:
(a) Atrocities committed against members of the Scheduled Castes and the Scheduled Tribes
(b) Atrocities committed against women
(c) Atrocities committed against children
(d) All of the above
The SC/ST Atrocities Act provides for the following penalties:
(a) Imprisonment for a term which may extend to seven years
(b) Fine
(c) Both imprisonment and fine
(d) None of the above
The SC/ST Atrocities Act has been amended several times. The latest amendment was made in the year:
(a) 2013
(b) 2015
(c) 2017
(d) 2019
The SC/ST Atrocities Act has been criticized for being misused. One of the reasons for this is that the definition of “atrocity” is very broad. This has led to people being falsely accused of atrocities.
The SC/ST Atrocities Act has also been criticized for being ineffective. One of the reasons for this is that the police are often reluctant to register cases under the Act. This is because they are afraid of being targeted by the accused.
The SC/ST Atrocities Act is an important law that protects the rights of the Scheduled Castes and the Scheduled Tribes. However, it is important to ensure that the Act is not misused. The police should be more proactive in registering cases under the Act and the courts should ensure that the accused are punished.
The SC/ST Atrocities Act is a powerful tool for protecting the rights of the Scheduled Castes and the Scheduled Tribes. However, it is important to use this tool judiciously and to ensure that it is not misused.
The SC/ST Atrocities Act is a landmark law that has helped to improve the lives of the Scheduled Castes and the Scheduled Tribes. However, there is still a long way to go in terms of ensuring Equality and justice for these communities.