Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – Judiciary Exam

Table of Contents

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

Background –
two marginalized groups of Indian society: the Dalits, legally classified as a Scheduled Caste, and the Tribals, legally classified as a Scheduled Tribe.
Subjected to atrocities since ages
In Vedic Ages- Four Varnas- Shudras- Deprived
Untouchability emerges in Post Vedic Ages
After Independence- Article 17 – Forbids all forms of Untouchability

1950 – COI – Art. 17 – Forbids Untouchability on all forms

1955 – Protection of Civil Rights Act, 1955

1976- Amendment to Protection of Civil Rights Act, 1955
1989 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Features of the Act-

Covers even those offences which are not covered under IPC.
Act applies only when an offence is committed by an NON SC- ST against an SC or ST
Section 3 of the Act includes a long list of offences which are made punishable under the Act.
Punishments are more stringent if any of the given offence is committed by any Public Servant against an SC or ST.

Section 3 Punishments for offences of atrocities.—

(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,—
(i) forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance;
(ii) acts with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood;
(iii) forcibly removes clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;
(iv) wrongfully occupies or cultivates any land owned by, or allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred;
(vi) compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do ‘begar’
(vii) forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate
(viii) institutes false, malicious or vexatious suit or criminal or other legal proceedings
(x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;
(xi) assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty
(xiii) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or the Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used;
(xiv) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort
(xv) forces a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.

(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe

(i) gives or fabricates false evidence which leads to conviction of an SC or ST for an offence which is punished with imprisonment for life and with fine, the person who gives or fabricates such false evidence, shall be punished with death;
(iii) commits mischief by fire or any explosive substance intending to cause damage to any property belonging to a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine
(vii) being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.

14 Special Court

For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act.

S7. Forfeiture of property of certain persons.—

(1) Where a person has been convicted of any offence punishable under this Chapter, the Special Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the person, which has been used for the commission of that offence, shall stand forfeited to Government.

Section 10(1)- Removal of Potential Offender from a Particular Area

If Special Court is satisfied, upon a complaint or a police report that a person is likely to commit an offence given in this Act in any area included in ‘Scheduled Areas’ or ‘Tribal Areas’ as referred to in article 244 of the Constitution, it may, by order in writing, direct such person to remove himself beyond the limits of such area and not to return to that area for such period, not exceeding two years, as may be specified in the order.

21 Duty of Government to ensure effective implementation of the Act.—

1) Subject to such rules as the Central Government may make in this behalf, the State Government shall take such measures as may be necessary for the effective implementation of this Act.
(2) such measures may include,—
(i) the provision for adequate facilities, including legal aid, to the persons subjected to atrocities,
(ii) the provision for travelling and maintenance expenses to witnesses, including the victims of atrocities, during investigation and trial of offences under this Act;
(iii) the provision for the economic and social rehabilitation of the victims of the atrocities etc

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995

provide for relief and rehabilitation norms for the affected communities
Rule 3, the State Governments to take preventive and precautionary measures wrt crimes against SCs and STc.
Rule 7- an officer at the DSP level to investigating offences under the Act and
Investigation to be completed within 30 days
Rule 12 the victims of atrocities shall be provided immediate cash or in-kind relief according to the prescribed norms.