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

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 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 to deal with the problem of atrocities against these communities, which had been on the rise in the country.

The Act defines an “atrocity” as any act of physical, verbal, or mental abuse committed against a member of a Scheduled Caste or Scheduled Tribe with the intention of humiliating or degrading them. The Act also defines a number of specific acts that are considered to be atrocities, including:

Murder
Rape
Assault
Kidnapping
Extortion
Forcing a person to drink or eat any inedible or obnoxious substance
Impersonating a member of a Scheduled Caste or Scheduled Tribe
Forcing a person to leave their home or place of work
Denying a person access to public facilities

The Act provides for a number of penalties for the commission of atrocities, including imprisonment for up to seven years and a fine. The Act also provides for the appointment of Special Police Officers to investigate cases of atrocities and for the setting up of Special Courts to try such cases.

The Act has been hailed as a landmark piece of legislation that has helped to reduce the incidence of atrocities against Scheduled Castes and Scheduled Tribes. However, the Act has also been criticized for being too lenient on perpetrators and for not being effectively implemented.

The following are the sub topics of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:

Chapter I: Preliminary
Chapter II: Definitions
Chapter III: Offences
Chapter IV: Punishments
Chapter V: Special Courts
Chapter VI: Investigation
Chapter VII: Prosecution
Chapter VIII: Protection of Persons Acting in Good Faith
Chapter IX: Special Powers of the State Government
Chapter X: Miscellaneous
Schedule

Chapter I: Preliminary

This chapter contains the short title, extent, commencement, and application of the Act.

Chapter II: Definitions

This chapter defines the following terms used in the Act:

“Atrocity”
“Scheduled Caste”
“Scheduled Tribe”
“Special Police Officer”
“Special Court”
“State Government”

Chapter III: Offences

This chapter lists the offences that are punishable under the Act. These offences include:

Murder
Rape
Assault
Kidnapping
Extortion
Forcing a person to drink or eat any inedible or obnoxious substance
Impersonating a member of a Scheduled Caste or Scheduled Tribe
Forcing a person to leave their home or place of work
Denying a person access to public facilities

Chapter IV: Punishments

This chapter prescribes the punishments for the offences listed in Chapter III. The punishments include:

Imprisonment for up to seven years
Fine
Both

Chapter V: Special Courts

This chapter provides for the setting up of Special Courts to try cases under the Act. The Special Courts are to be presided over by a Judicial Magistrate of the First Class or a Judicial Magistrate of the Second Class.

Chapter VI: Investigation

This chapter provides for the investigation of cases under the Act. The investigation is to be conducted by a Special Police Officer.

Chapter VII: Prosecution

This chapter provides for the prosecution of cases under the Act. The prosecution is to be conducted by the State Government.

Chapter VIII: Protection of Persons Acting in Good Faith

This chapter provides protection to persons who act in good faith in the performance of their duties under the Act.

Chapter IX: Special Powers of the State Government

This chapter empowers the State Government to take certain special measures to prevent atrocities against Scheduled Castes and Scheduled Tribes. These measures include:

The setting up of Special Cells to deal with cases of atrocities
The provision of security to persons who are likely to be victims of atrocities
The provision of relief and rehabilitation to victims of atrocities

Chapter X: Miscellaneous

This chapter contains miscellaneous provisions, such as the power of the Central Government to make rules, the power of the State Government to make rules, and the power of the Central Government to give directions to the State Governments.

Schedule

The Schedule to the Act contains a list of the Scheduled Castes and Scheduled Tribes.

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

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India that provides for special provisions for the prevention of atrocities against members of Scheduled Castes and Scheduled Tribes. The Act was enacted to provide protection to members of these communities from social boycott, atrocities, and other forms of discrimination.

What are some of the key provisions of the Act?

The Act provides for the following key provisions:

A special police force to investigate and prosecute cases of atrocities against members of Scheduled Castes and Scheduled Tribes.
Special courts to try cases of atrocities against members of Scheduled Castes and Scheduled Tribes.
Enhanced penalties for offenses committed against members of Scheduled Castes and Scheduled Tribes.
Protection of witnesses and victims of atrocities.
Compensation for victims of atrocities.

What are some of the challenges in implementing the Act?

There are a number of challenges in implementing the Act, including:

Lack of awareness about the Act among members of Scheduled Castes and Scheduled Tribes.
Lack of Resources to implement the Act.
Lack of political will to implement the Act.
Social stigma associated with reporting atrocities.
Fear of reprisal from perpetrators of atrocities.

What are some of the successes in implementing the Act?

Despite the challenges, there have been some successes in implementing the Act, including:

The number of cases registered under the Act has increased significantly.
The conviction rate in cases registered under the Act has also increased.
The Act has helped to raise awareness about the issue of atrocities against members of Scheduled Castes and Scheduled Tribes.
The Act has helped to improve the lives of members of Scheduled Castes and Scheduled Tribes.

What are some of the ways to improve the implementation of the Act?

There are a number of ways to improve the implementation of the Act, including:

Increasing awareness about the Act among members of Scheduled Castes and Scheduled Tribes.
Providing more resources to implement the Act.
Increasing political will to implement the Act.
Addressing the social stigma associated with reporting atrocities.
Providing protection to witnesses and victims of atrocities.
Providing compensation to victims of atrocities.

Sure, here are some MCQs on the topics of the Constitution of India, the National Human Rights Commission, and the Right To Information act:

The Constitution of India was adopted on:
(A) January 26, 1950
(B) August 15, 1947
(C) November 26, 1949
(D) December 16, 1948
The National Human Rights Commission was established in:
(A) 1993
(B) 1992
(C) 1991
(D) 1990
The Right to Information Act was passed in:
(A) 2005
(B) 2004
(C) 2003
(D) 2002
The Constitution of India guarantees the following rights to all citizens:
(A) Right to Equality
(B) Right to freedom
(C) Right against exploitation
(D) All of the above
The National Human Rights Commission is a statutory body that was established to:
(A) Protect and promote human rights
(B) Investigate complaints of human rights violations
(C) Provide relief to victims of human rights violations
(D) All of the above
The Right to Information Act gives citizens the right to:
(A) Access information held by public authorities
(B) Obtain copies of documents held by public authorities
(C) Seek information from public authorities
(D) All of the above
The Constitution of India prohibits discrimination on the grounds of:
(A) Religion
(B) Caste
(C) Sex
(D) All of the above
The National Human Rights Commission can take suo motu cognizance of cases of human rights violations. This means that the Commission can:
(A) Initiate an investigation into a case of human rights violation without waiting for a complaint to be filed
(B) Direct a public authority to take action to prevent a human rights violation
(C) Both (A) and (B)
(D) Neither (A) nor (B)
The Right to Information Act does not apply to:
(A) The President of India
(B) The Vice President of India
(C) The Prime Minister of India
(D) The Supreme Court of India
The National Human Rights Commission has the power to:
(A) Recommend compensation to victims of human rights violations
(B) Recommend prosecution of those responsible for human rights violations
(C) Both (A) and (B)
(D) Neither (A) nor (B)

I hope these MCQs were helpful!