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

• The Supreme Court cancelled a Bombay High Court order that had granted anticipatory bail to an accused in a caste crime case (Kiran vs Rajkumar Jivaraj Jain). The Court upheld Section 18 of the SC/ST (Prevention of Atrocities) Act, 1989, which bars anticipatory bail for prima facie offences under the Act.

About SC/ST (Prevention of Atrocities) Act

• The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [SC/ST (POA)] was enacted to prevent and stop crimes against the Scheduled Castes and the Scheduled Tribes.
• It attempts to prevent the atrocities against SC/ST through three broad means:
  1. It defines certain crimes against SCs and STs as atrocities.
  2. Establishment of special courts to try cases registered under the POA.
  3. States declare atrocity-prone areas (areas with high levels of caste violence) and appoint qualified officers to monitor and maintain law and order.
• The act also provides the punishment for offences of atrocities committed against SCs and STs.
• It is implemented by the respective States/UTs. States/UTs are provided with central assistance under the Centrally Sponsored Scheme for the effective implementation of the Act’s provisions.

Key Provisions of SC/ST (Prevention of Atrocities) Act, 1989

• Offender: Any person who is not a member of SC or ST and commits an offence listed in the Act against a member of SC or ST. The act does not apply to crimes between SCs or STs.
• Investigation: Offences under the Act must be investigated by an officer of the rank of Deputy Superintendent of Police (DSP) or above. The investigation should be completed within 30 days.
• Constitution of Special Courts: For speedy trial, the State Government, with the concurrence of the Chief Justice of the High Court, shall establish in each district a special court to try the offences under this Act.
• Nature and Punishment for an offence:
  • All offences listed in the Act are cognisable.
  • It also prescribes punishment for neglect of duties by a public servant who is not a member of the SC or ST.
  • It provides enhanced punishment for a subsequent conviction.
• The provision of anticipatory bail under Section 438 CrPC (now Section 482 BNSS) is not available to an accused.
• Relief & Rehabilitation: It provides for the relief and rehabilitation of the victims of such offences.
• Monitoring Mechanism: To review the implementation of the provisions of the PoA Act, the act mandates the setting up of Vigilance and Monitoring Committees at the:
  • State Level under the chairpersonship of the Chief Minister.
  • District-level under the chairpersonship of the District Magistrate.
  • Sub-Divisional Level under the chairpersonship of the Sub-Divisional Level Magistrate.
  • At the Central Level, a committee under the chairpersonship of the Union Minister for Social Justice & Empowerment has been constituted to review the act’s implementation.

SC/ST (Prevention of Atrocities) Amendment Act, 2015

• New offences of atrocities were added. It includes:
  • Garlanding with chappals
  • Denying access to irrigation facilities or forest rights
  • Dedicating a SC or an ST woman as devadasi
  • Abusing in caste name
  • Imposing a social or economic boycott
• It added certain IPC offences attracting less than ten years of imprisonment as offences punishable under the PoA Act.
  • Earlier, only those offences listed in the IPC as attracting a punishment of 10 years or more were accepted as offences falling under the Act.
• Presumption of offences: If the accused were acquainted with the victim or his family, the court would presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise.
• Exclusive Special Court: It provided for the establishment of an exclusive Special Court at the district level and special public prosecutors to try offences under the Act.
• Role of Officers: It specifies the duties of public servants, including registering a complaint/FIR.

Be Prelims Ready!

SC/ST (Prevention of Atrocities) Amendment Act, 2018

• The act was a legislative response to the Supreme Court’s 2018 judgment.
• No prior approval is required from any authority to register any FIR in cases of atrocities against SC/STs.
• It removed the requirement for Preliminary Inquiry before registering an FIR or making arrest.
• Anticipatory bail cannot be granted to the accused, except under cases of lack of prima facie evidence.

Drawbacks of SC/ST (Prevention of Atrocities) Act

• Low conviction rate: Conviction rate declined from ~42.4% in 2020 to ~34% by 2022.
• Exclusionary: It does not cover Dalit Christians (converts to Christianity).
• Non-establishment of Special Courts: Although the PoA Act mandated the creation of Special Courts, only a few states have created separate Special Courts in accordance with the law.
• Absence of witness protection: Witnesses often face threats, intimidation; many withdraw their complaints or turn hostile. The Act’s rules provide for protection, but in practice, mechanisms are weak.
• Inadequate Justice Delivery: Non-registration of FIR, delay in filing complaints, delay in charge sheet, investigation delay, etc, are the main reasons where justice is not delivered to the victim.
• Limitations of Punitive Measures: The Act’s emphasis on punishments fails to adequately address the social and economic inequalities that perpetuate caste-based discrimination.

The SC/ST (Prevention of Atrocities) Act is a cornerstone of India’s commitment to justice. With more vigorous enforcement and social awareness, it can transform society, protecting dignity and fostering equality for all.

Also Read > Protection of Civil Rights Act, Temple Entry Discrimination.