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

Introduction:

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was enacted with the aim of preventing atrocities against individuals belonging to Scheduled Castes (SC) and Scheduled Tribes (ST) in India. These marginalized communities, including Dalits and Adivasis, have historically endured discrimination and oppression due to their lower social status.

The Act serves as a legal shield for these vulnerable groups, criminalizing offenses committed against them and seeking to address the longstanding injustices they face. Through the establishment of special courts under the Act, the rights and privileges of victims are safeguarded, with a focus on providing relief and support to those affected.

India’s Constitution, under Article 17, unequivocally prohibits untouchability and similar discriminatory practices. The legislative journey to protect the rights of SCs and STs began with the Untouchability (Offences) Act of 1955, later refined with the Civil Rights Act of 1955 (amended in 1976). However, recognizing the persistent grievances and injustices faced by these communities, Parliament passed the Scheduled Caste and Scheduled Tribe Act in 1989, complemented by the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules in 1995.

The primary objective of the 1989 Act is to ensure justice for SCs and STs by actively engaging in their inclusion in a democratic society, free from discrimination, violence, and oppression perpetuated by dominant castes. It strives to integrate them into the social fabric of India, tackling untouchability as both a visible and hidden offense, with stringent penalties prescribed for any such transgressions.

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

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, encapsulates several key objectives aimed at safeguarding the rights and well-being of the marginalized SCs and STs in India. These objectives are pivotal in addressing and preventing crimes committed against these vulnerable communities. Here are the objectives of the SC/ST Prevention of Atrocities Act, 1989:

Preventing Atrocities: The Act serves as the primary legislation dedicated to preventing atrocities and crimes against Scheduled Castes and Scheduled Tribes, ensuring their protection from exploitation and abuse.

Preventing Wrongful Restraint and Exploitation: The Act aims to prevent instances where individuals are wrongfully restrained or confined, or their labor is exploited against their will.

Combating Assault and Threats: It seeks to address assaults, criminal force, or threats thereof, with the intent to outrage, cause fear, alarm, provocation, insult, or bodily injury to a person belonging to SCs or STs.

Ensuring Protection of Earnings and Property: The Act works to prevent the wrongful deprivation of a person’s earnings or property, knowing that such actions may cause fear, alarm, provocation, insult, or bodily harm to the individual.

Preventing Dispossession: It safeguards individuals from being wrongfully dispossessed of their land, movable property, or immovable property based on their caste or tribal identity.

Addressing Extortion and Coercion: The Act prohibits the wrongful extortion or inducement of any person through false pretenses, the use of force, or threats to give or withhold money or other valuable items, ensuring that individuals are not coerced or manipulated based on their caste or tribal affiliation

Establishment of Special Courts: Special Courts and Exclusive Special Courts are mandated to be set up to conduct trials for individuals accused of committing atrocities against SCs and STs. This ensures a swift and focused judicial process for such cases.

Provision of Funds: The Act provides for the allocation of funds to facilitate the free rehabilitation, travel expenses, and maintenance costs of the victims. Additionally, designated officers are empowered to oversee the proper implementation of the Act and ensure that the allocated resources are effectively utilized.

Integration of Dalits: The Act aims to integrate Dalits into mainstream society, safeguarding their social, economic, democratic, and political rights in the face of crimes that threaten to violate these rights.

Preventing Deprivation: By working to prevent deprivation and assisting marginalized communities in avoiding such circumstances, the Act strives to uplift and protect the social and economic standing of the Scheduled Castes and Scheduled Tribes

Important Provisions under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

1. Punishments for offences atrocities under the SC/ST (Prevention & Atrocities) Act, 1989

Under the SC/ST (Prevention of Atrocities) Act, 1989, the provisions related to offences of atrocities are crucial in protecting the rights and dignity of members of Scheduled Castes and Scheduled Tribes. Here are the specific punishments outlined for offences of atrocities under the Act:

Putting Inedible or Obnoxious Substances: Punishment for anyone who is not a member of a Scheduled Caste or Scheduled Tribe and puts inedible or obnoxious substances into the mouth of a member of these communities or forces them to consume such substances faces legal consequences.

Dumping Obnoxious Substances: Punishment for dumping excreta, sewage, carcasses, or other obnoxious substances in the premises or at the entrance of the premises occupied by a member of SC/ST is prohibited and punishable.

Garlanding with Footwear or Parading Naked: Punishment for Actions like garlanding with footwear or parading naked or semi-naked a member of SC/ST with intent to cause injury, insult, or annoyance are considered atrocities and punishable.

Forcible Committing of Acts: Punishment for forcibly committing acts such as removing clothes, tonsuring of head, removing moustaches, painting face or body, or any other act derogatory to human dignity on a member of SC/ST is a punishable offence.

Wrongful Occupation of Land: Punishment for wrongfully occupying or cultivating land owned by, in possession of, or allotted to a member of SC/ST, or wrongfully dispossessing them from their land or premises, is an offence under the Act.

Forced Labour and Manual Scavenging: Punishment for compelling a member of SC/ST to do forced or bonded labour, dispose human or animal carcasses, dig graves, engage in manual scavenging, or any other form of forced labour is prohibited and punishable.

Prevention of Voting Rights: Punishment for preventing, intimidating, or forcing a member of SC/ST in matters related to voting rights, filing nominations, or participating in elections in a manner contrary to the law is considered an offence under the Act

Obstruction of Duties of Elected Officials: Punishment for any act that forces, intimidates, or obstructs a member of SC/ST who holds an office in a Panchayat or Municipality as per the provisions of the Constitution from performing their normal duties and functions is considered an offence.

Post-Election Violence or Coercion: Punishment for causing hurt, grievous hurt, assault, imposing social or economic boycott, or threatening to do so after an election upon a member of SC/ST, preventing them from availing benefits of public services due to them, or committing offences based on their voting behavior is punishable under the Act.

Malicious Legal Action: Punishment for filing false, malicious, or vexatious suits or legal proceedings against a member of SC/ST is prohibited and subject to legal consequences.

False Information to Public Servants: Punishment for providing false or frivolous information to public servants leading to the lawful exercise of power to the injury or annoyance of a member of SC/ST is an offence under the Act.

Insults, Intimidation, and Caste-based Abuse: Punishment for intentionally insulting or intimidating with the intent to humiliate a member of SC/ST in public view, abusing by caste name, or disrespecting late individuals held in high esteem by members of SC/ST in public view are considered acts of atrocity and are punishable.

Destruction of Sacred Objects: Punishment for destroying, damaging, or defiling objects such as statues, photographs, or portraits that are generally known to be held sacred or in high esteem by members of SC/ST communities is prohibited under the Act.

Promotion of Enmity or Hatred: Punishment for promoting or attempting to promote feelings of enmity, hatred, or ill-will against members of SC/ST through words, signs, visible representations, or other means is an offence under the Act.

Disrespecting Late Individuals: Punishment for disrespecting late persons held in high esteem by members of SC/ST through words, written or spoken, or by any other means is considered an offence and is punishable under the Act.

Sexual Offences:

• Punishment for Intentionally touching a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing her caste identity, in a sexual manner without her consent is an offence under the Act.
• Using words, acts, or gestures of a sexual nature towards a woman of SC/ST, knowing her caste identity, is also punishable.

Explanation: Consent is defined as an unequivocal voluntary agreement where the person communicates willingness to participate in the specific act. A lack of physical resistance does not imply consent, and a woman’s sexual history should not be used to imply consent or mitigate the offence

Contamination of Water Sources: Punishment for deliberately corrupting or fouling water sources typically used by members of SC/ST to render it less fit for its usual purpose is prohibited under the Act.

Denial of Rights of Passage: Punishment for denying a member of SC/ST customary right of passage to a public place or obstructing their access to such places where others have the right to go is considered an offence.

Forced Eviction: Punishment for forcing or causing a member of SC/ST to leave their residence, village, or place of dwelling is an offence, except when done in discharge of a public duty.

Obstruction of Rights: Punishment for obstructing or preventing a member of SC/ST in various ways including using common property resources, entering public places, practicing professions, or participating in religious, social, or cultural activities that others have access to is punishable.

Witchcraft Allegations: Punishment for causing physical harm or mental agony to a member of SC/ST based on allegations of practicing witchcraft is prohibited.

Social or Economic Boycott: Punishment for Imposing or threatening a social or economic boycott on a person, family, or group belonging to SC/ST is punishable under the Act with imprisonment for a term ranging from six months to five years and a fine.

Offences by Non-SC/ST Individuals:

Provisions for offences committed by individuals who are not members of Scheduled Castes or Scheduled Tribes:

• Giving False Evidence: Giving or fabricating false evidence to cause a member of SC/ST to be convicted of a capital offence may lead to imprisonment for life and a fine. If an innocent SC/ST member is wrongly convicted and executed based on such false evidence, the offender may face the death penalty.
• Giving False Evidence for Non-Capital Punishment: Giving or fabricating false evidence to cause the conviction of an SC/ST member for an offence punishable with imprisonment for seven years or more can lead to imprisonment ranging from six months to seven years, along with a fine.
• Mischief by Fire or Explosive Substances: Committing mischief by fire or explosive substances to damage the property of an SC/ST member can result in imprisonment ranging from six months to seven years, along with a fine.
• Committing mischief by fire or explosive substances to destroy a building used as a place of worship, human dwelling, or property storage by an SC/ST member can lead to imprisonment for life and a fine.
• Committing Offences under IPC: Committing any offence under the Indian Penal Code punishable with imprisonment for ten years or more against an SC/ST member or their property can result in imprisonment for life and a fine.
• Offences Specified in the Schedule: Committing any offence specified in the Schedule against an SC/ST member or their property can lead to punishment as specified under the Indian Penal Code for such offences along with a fine.
• Obstruction of Justice: Knowingly causing evidence of an offence under this Act to disappear with the intention of protecting the offender or providing false information related to the offence is punishable as per the punishment provided for that offence.
• Offences by Public Servants: A public servant committing any offence under this section may face imprisonment ranging from one year to the punishment prescribed for that offence.

2. Punishment for neglect of duties under the SC/ST (Prevention & Atrocities) Act, 1989

Under the SC/ST (Prevention & Atrocities) Act, 1989, neglect of duties by a public servant who is not a member of a Scheduled Caste or a Scheduled Tribe is considered a serious offense. The punishment for neglect of duties under this act is outlined as follows:

Punishment: The individual, if found guilty, shall be punishable with imprisonment for a term not less than six months but which may extend to one year.

Duties of Public Servant:

• Reading out information given orally to an informant before taking their signature.
• Registering a complaint or First Information Report under the Act and relevant provisions.
• Providing a copy of the information recorded to the informant.
• Recording the statements of victims or witnesses.
• Conducting the investigation and filing a charge sheet within sixty days in the Special Court or Exclusive Special Court, explaining any delays in writing.
• Correctly preparing, framing, and translating documents or electronic records.
• Performing any other duties specified in the Act or rules made thereunder.

Procedure for Charges: Charges against the public servant for neglect of duties shall be booked on the recommendation of an administrative inquiry.

Cognizance: The Special Court or Exclusive Special Court shall take cognizance of any dereliction of duty by a public servant as outlined in sub-section (2) and direct penal proceedings against such public servant.

3. Enhanced Punishment Subsequent Conviction under the SC/ST (Prevention & Atrocities) Act, 1989

Description: If an individual, already convicted of an offense under this Act, is convicted for a second or subsequent offense, they will face enhanced punishment.

Punishment: The penalty for subsequent convictions is imprisonment for a term not less than one year, extending to the punishment provided for that specific offense.

4. Application of Certain Provisions of the Indian Penal Code under the SC/ST (Prevention & Atrocities) Act, 1989

Description: Specific sections of the Indian Penal Code are applied under the SC/ST Act, subject to its provisions.

Applicability: Sections 34, Chapter III, IV, V, VA, 149, and Chapter XXIII of the Indian Penal Code will apply to this Act, as they do for the Indian Penal Code.

5. Forfeiture of Property of Certain Persons under the SC/ST (Prevention & Atrocities) Act, 1989

Description: In cases of convictions under this Act, the Special Court can order the forfeiture of property used in the commission of the offense.

Procedure: The Special Court can declare that any property used for the offense shall stand forfeited to the Government.

During the trial, the Court can attach the accused’s property, and upon conviction, the attached property can be forfeited to satisfy any fines imposed.

6. Presumption as to Offenses under the SC/ST (Prevention & Atrocities) Act, 1989

Description: Certain presumptions are made in prosecution for offenses under this Act.

Presumptions:

• If the accused provided financial assistance related to the offense, they are presumed to have abetted the offense unless proven otherwise.
• If a group commits an offense due to an existing dispute, it is presumed to be in furtherance of their common intention or object.
• If the accused had personal knowledge of the victim or their family, it is presumed they were aware of the victim’s caste or tribal identity unless proven otherwise.

7. Conferment of Powers under the SC/ST (Prevention & Atrocities) Act, 1989

Description: The SC/ST (Prevention & Atrocities) Act, 1989, empowers the State Government to confer specific powers on officers to effectively deal with offenses under the Act in a particular district or for specific cases, classes, or groups of cases.

Powers Granted:

• Notification: The State Government, if deemed necessary, can issue a notification in the Official Gazette to confer police officers’ powers under the Criminal Procedure Code (CrPC) to an officer of the State Government.
• These powers include the authority to arrest, investigate, and prosecute individuals before a Special Court for offenses under the SC/ST Act.
• Assistance: All police officers and other Government officials are mandated to assist the designated officer in carrying out the provisions of the SC/ST Act, its rules, schemes, or orders.
• Application of CrPC: The Criminal Procedure Code provisions are applicable, to the extent feasible, to the exercise of powers by the designated officer as conferred under this act

8. Removal of Person Likely to Commit Offence (EXTERNMENT) under the SC/ST (Prevention & Atrocities) Act, 1989

Description: The SC/ST (Prevention & Atrocities) Act, 1989, allows for the removal of individuals deemed likely to commit offenses under Chapter II of this Act in specific areas designated as ‘Scheduled Areas’ or ‘tribal areas’. This process, known as externment, aims to prevent potential offenses before they occur.

Process of Externment:

• Identification of Risk: If the Special Court receives a complaint or police report indicating that a person is likely to commit an offense in the specified areas, it can take action.
• Order for Removal: The Special Court, upon being satisfied of the potential risk, can issue a written order directing the individual to leave the specified area by a designated route within a specified time. The person is also instructed not to return to that area for a specified period, which should not exceed three years.
• Communication of Grounds: Along with the removal order, the Special Court must provide the individual with the reasons for issuing such an order.
• Revocation or Modification: The Special Court has the authority to revoke or modify the removal order based on written reasons. This can be done upon a representation made by the concerned individual or by someone on their behalf within thirty days of the original order.
• Objective: The purpose of externment is to proactively prevent potential offenses in the specified areas by removing individuals who are considered likely to commit such offenses. The process allows for intervention before crimes are actually committed, aiming to maintain peace and prevent atrocities in vulnerable regions.

9. Procedure on Failure of Person to Comply with Removal Order under the SC/ST (Prevention & Atrocities) Act, 1989

Description: In situations where a person fails to adhere to a removal order issued under section 10 of the SC/ST (Prevention & Atrocities) Act, 1989, and re-enters the designated area without permission, certain procedures are outlined to address such non-compliance.

Steps on Non-Compliance:

• Failure to Comply or Re-entry: If an individual Fails to leave the specified area as directed, or Re-enters the area within the stipulated period without permission, the Special Court can order their arrest and removal from the area by police custody to a location outside the designated area.
• Permission to Return: The Special Court has the authority to grant written permission for an individual who was previously directed to leave to temporarily return to the area under certain conditions specified in the order. This permission may require the individual to furnish a bond with or without surety to ensure compliance with the conditions.
• Revocation of Permission: The Special Court retains the right to revoke any permission granted for the individual to return to the area at any time.
• Compliance with Conditions: Upon temporary return with permission, the individual must adhere to the specified conditions. At the end of the temporary period or upon revocation of permission, the individual must leave the area and refrain from re-entry without fresh permission.
• Consequences of Non-Compliance: If the individual fails to comply with the conditions, remove themselves as required, or re-enters the area without fresh permission, the Special Court can order their arrest and removal from the area by police custody to a location outside the designated area.
• Objective: These procedures are designed to ensure the enforcement of removal orders issued under the Act, maintain peace in the specified areas, and prevent potential offenses by individuals who have been directed to stay away for a specified period.

10. Taking Measurements and Photographs of Individuals under Section 10 of the SC/ST (Prevention & Atrocities) Act, 1989

Under Section 12 of the SC/ST (Prevention & Atrocities) Act, 1989, the process of taking measurements and photographs of individuals against whom an order has been issued under Section 10 is outlined. This procedure is crucial for monitoring and enforcing the directives of the Special Court.

Key Points:

• Measurement and Photography Requirement: Individuals subject to an order under Section 10 must comply with the Special Court’s directive to have their measurements and photographs taken by a police officer if required.
• Enforcement of Compliance: In cases where an individual resist or refuses to allow the measurements or photographs to be taken, necessary measures can be employed to ensure compliance with the order.
• Legal Consequences: Any resistance or refusal to cooperate with the process of measurement or photography as mandated by the Special Court is considered an offense under Section 186 of the Indian Penal Code (45 of 1860).
• Disposal of Data: If the order under Section 10 is subsequently revoked, all data collected, including measurements and photographs (including negatives), must either be destroyed or handed over to the individual against whom the order was originally issued.
• Purpose: The provision for taking measurements and photographs of individuals under this section serves as a tool for identification, monitoring, and enforcement of orders issued by the Special Court under the SC/ST (Prevention & Atrocities) Act, ensuring compliance with the directives and facilitating the administration of justice in cases involving potential offenses under the Act.

11. Special Court and Exclusive Special Court under the SC/ST (Prevention & Atrocities) Act, 1989

Under the SC/ST (Prevention & Atrocities) Act, 1989, provisions are made for the establishment of Special Courts and Exclusive Special Courts to ensure the expeditious trial of cases related to offenses under this Act. Here is an explanation of the Special Courts as outlined in the Act:

Establishment of Special Courts:

• Exclusive Special Court: The State Government, with the Chief Justice of the High Court’s concurrence, is mandated to establish an Exclusive Special Court for one or more districts through an official notification in the Gazette. In districts with fewer recorded cases under the Act, the State Government, with the Chief Justice’s concurrence, may designate the Court of Session as a Special Court to hear offenses under this Act. Special Courts established or designated have the authority to directly take cognizance of offenses under the SC/ST Act.
• Timely Disposal of Cases: It is the responsibility of the State Government to ensure an adequate number of courts are established to guarantee the timely disposal of cases under the Act, ideally within a period of two months.
• Continuity of Proceedings: In every trial conducted in a Special Court or an Exclusive Special Court, proceedings should continue from day-to-day until all witnesses present for examination have been heard. Adjournments beyond the following day can only be granted if deemed necessary, with reasons for the adjournment recorded in writing. Trials related to offenses under the Act are expected to be completed within two months from the date of filing the charge sheet, emphasizing the expeditious resolution of cases.
• Objective: The establishment of Special Courts and Exclusive Special Courts under the SC/ST (Prevention & Atrocities) Act is aimed at expediting the trial process, ensuring swift justice for victims, and addressing offenses effectively under the Act within a defined timeline. This framework supports the efficient handling of cases concerning atrocities against Scheduled Castes and Scheduled Tribes.

12. Special Public Prosecutor and Exclusive Special Public Prosecutor

Under the SC/ST (Prevention & Atrocities) Act, 1989, the roles of the Special Public Prosecutor and the Exclusive Special Public Prosecutor are crucial in handling cases related to atrocities against Scheduled Castes and Scheduled Tribes. Here’s an explanation of these roles:

Special Public Prosecutor:

• Appointment: For every Special Court designated under the Act, the State Government is mandated to either specify a Public Prosecutor through official notification or appoint an advocate with a minimum of seven years of practice as a Special Public Prosecutor.
• Responsibilities: The Special Public Prosecutor is tasked with conducting cases within the Special Court. Their primary duty is to represent the State in prosecuting cases involving offenses against Scheduled Castes and Scheduled Tribes.
• Qualifications: The Special Public Prosecutor must possess significant legal experience, with a minimum of seven years of practice as an advocate.

Exclusive Special Public Prosecutor:

• Designation: For Exclusive Special Courts established under the Act, the State Government is required to specify an Exclusive Special Public Prosecutor through official notification or appoint an advocate with at least seven years of legal practice.
• Duties: The Exclusive Special Public Prosecutor is responsible for handling cases within the Exclusive Special Court. They represent the State in prosecuting offenses specifically related to atrocities against Scheduled Castes and Scheduled Tribes.
• Experience Requirement: Similar to the Special Public Prosecutor, the Exclusive Special Public Prosecutor must have a minimum of seven years of experience as an advocate.

The SC/ST (Prevention & Atrocities) Act, 1989 outlines the rights of victims and witnesses to ensure their protection, fair treatment, and access to justice. Here is an explanation of the rights afforded to victims and witnesses under this Act:

13. Rights of Victims and Witnesses under the SC/ST (Prevention & Atrocities) Act, 1989

Duties of the State:

• Protection against Intimidation: The State is responsible for safeguarding victims, their dependents, and witnesses from intimidation, coercion, inducement, violence, or threats.
• Fair Treatment: Victims are entitled to be treated with fairness, respect, and dignity, considering any special needs arising from age, gender, educational disadvantage, or poverty.
• Notice and Participation: Victims or their dependents have the right to receive reasonable, accurate, and timely notice of court proceedings, including bail proceedings. They can apply to the Special Court or Exclusive Special Court to summon parties, produce documents or materials, and examine witnesses.
• Right to be Heard: Victims or their dependents have the right to be heard in proceedings related to bail, discharge, release, parole, conviction, or sentencing, and to submit written statements.
• Protection and Support: Victims, dependents, informants, and witnesses are provided with complete protection to ensure justice, including travel and maintenance expenses, social-economic rehabilitation, and relocation.
• Anonymity and Protection: Courts may conceal witness identities, issue non-disclosure directives, and take immediate action against harassment complaints. Complaint inquiries must be separate from the main case and concluded within two months, with restrictions imposed on public servants interfering with victims, informants, or witnesses.
• Recording of Complaints: Investigating officers must record complaints against intimidation, coercion, or violence and provide free copies of the First Information Report to victims, informants, or witnesses.
• Video Recording: All proceedings related to offenses under this Act must be video recorded.

State Responsibilities: The State must establish a scheme to ensure victims and witnesses have access to justice, including provisions for immediate relief, protection, maintenance expenses, legal aid, and information dissemination at various stages of the legal process.

NGO Assistance: Atrocity victims or dependents have the right to seek assistance from Non-Government Organizations, social workers, or advocates.

14. No Enquiry or Approval Required under the SC/ST (Prevention & Atrocities) Act, 1989

Under the SC/ST (Prevention & Atrocities) Act, 1989, certain provisions are in place to expedite the legal process and ensure swift action in cases involving offenses against Scheduled Castes and Scheduled Tribes. Here’s an explanation of the clauses that specify that no preliminary inquiry or approval is required for certain actions under this Act:

Registration of FIR without Preliminary Enquiry:

• Preliminary Enquiry Waived: As per the Act, there is no requirement for a preliminary enquiry to be conducted before registering a First Information Report (FIR) against any individual accused of committing an offense under this Act.

Arrest without Approval:

• Approval Not Required for Arrest: The investigating officer is not obligated to seek approval for the arrest of any individual against whom an accusation of committing an offense under the SC/ST Act has been made, if deemed necessary. The standard approval procedures for arrests do not apply in cases falling under this Act. The investigating officer can proceed with the arrest based on the accusation without additional approval requirements.

Exclusion of Certain Legal Procedures:

• Exclusive Application of Provisions: No procedure other than what is provided under the SC/ST Act or the Code of Criminal Procedure (CrPC) shall be applicable in cases governed by this Act. This provision ensures that the legal process for handling cases under the SC/ST Act is distinct and follows the specific guidelines outlined in the Act and the CrPC.

Exemption from Section 438 of the Code:

• Section 438 Exemption: Section 438 of the Code of Criminal Procedure, which pertains to anticipatory bail, does not apply to cases falling under the SC/ST Act. Regardless of any court judgment, order, or direction, cases under the SC/ST Act are not eligible for anticipatory bail under Section 438 of the CrPC.

Case Laws on SC/ST (Prevention & Atrocities) Act, 1989

In the case of Sri Ghulam Mustafa Vs Union of India (2023), Supreme Court quashed an FIR registered against the MD of GM Infinite Dwelling (India) Private Limited (GMID) and others under The SC/ST Act. The Court held that the FIR was registered in a mala fide manner and the police authorities had not been careful before invoking the provisions of the SC/ST Act and thus need to be more vigilant regarding these laws.

In the case of Prathvi Raj Chauhan Vs. Union of India (2020), Supreme Court of India held that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is constitutionally valid. The case arose from a challenge to the Act by Prathvi Raj Chauhan, who was convicted of an offence under the Act and was thus challenging the validity of Section 18-A. Chauhan argued that the Act was unconstitutional because it violated his fundamental rights to equality and freedom of speech under Articles 15 & 19, respectively.

Conclusion

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 stands as a crucial legal framework aimed at safeguarding the rights of marginalized communities who face discrimination and abuse due to the traditional caste system in India. Despite constitutional provisions for equality and fundamental rights, the reality reflects persistent injustices and disparities faced by SCs and STs.

The Act, implemented in 1989, requires periodic reviews and amendments to adapt to evolving social contexts and effectively address atrocities against these vulnerable sections of society. Its practical implementation holds significant importance in the diverse fabric of Indian culture and the nation’s progress as a whole. Suggestions for improvements include enhancing awareness through national programs and ensuring stringent measures for serious offenses like rape and murder.

This legislation plays a pivotal role in protecting the rights of SCs and STs, offering measures to combat various forms of abuse and exploitation they encounter. Recent amendments in 2015 have further fortified the Act by broadening the scope of offenses and expediting trial processes. However, efforts to enhance awareness, implementation, and societal recognition of equality are crucial to truly eradicate discrimination and ensure the well-being of all citizens. Ultimately, the goal should not just be the abolition of untouchability, but the creation of a society where such laws are no longer necessary.