Sc St Prevention of Atrocities Act

Popularly known as the ‘SC/ST Act’ or the ‘Prevention of Atrocities Act’, the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 was enacted by the Parliament of India to address the atrocities, including hate speech and physical violence against members of the Scheduled Castes (SC) and Scheduled Tribes (ST). Despite its strong provisions, challenges like delayed justice, under-reporting, and misuse persist.Increased awareness, faster trials, and stricter enforcement are crucial to create a safer and more equitable society for these historically marginalised communities.

Scheduled Castes are considered to be outside the four-fold Varna classification of the Hindu Caste hierarchy. They are marginalised and are therefore called ‘Dalits’ or untouchables, a term coined by Marathi social reformer Jyotiba Phule which literally means ‘broken’. The Scheduled Tribes on the other hand are a community that are typically outside the Hindu Society and consist of originally forest dwelling tribes or the ‘Adivasis’. The STs are not untouchables but they face unique challenges due to their exploitation as well as imperfect assimilation in the Hindu Society. Further, they were criminalised by the British as they were suspicious of tribals living in forest areas. The British wanted to occupy forest areas and even restricted access to forests for Scheduled Tribes. Due to being marginalised and inhabiting underdeveloped areas, they were unable to mobilise political power and economic resources for their growth. This was recognised by the Constituent Assembly of India which incorporated special provisions for development of the SCs & STs.

The SC/ST (Prevention of Atrocities) Act, 1989 was enacted to overcome the inadequacies of the existing legal mechanisms eg. the Protection of Civil Rights Act, 1955, and the Indian Penal Code in preventing the continued humiliation, as well as the offences against the members of these particular committees. The Act has subsequently been strengthened by two successive amendments in 2015 and 2018.

Need for the SC/ST (Prevention of Atrocities) Act, 1989: The SC/ ST communities have faced persistent prejudice. And while there are well meaning provisions for their development, they have not been effective

• Population: As per the Census of 2011 16.6% Scheduled Castes and 8.6% Scheduled Tribes exist in India.
• Violence: A crime is committed against Dalits, every 15 minutes in India. In 2022, crimes against Scheduled Tribes increased by 14% year on year. This data from the National Crime Records Bureau shows the need for protection of SCs & STs in India.
• Political marginalisation: In the 17th Lok Sabha, 25% members belong to SC/ST communities but they were hardly appointed to any Parliamentary committees
• Poverty and Economic backwardness: SCs and STs are often employed in lower-income occupations eg. agriculture, manual scavenging, etc
• Increasing landlessness and exploitation at the hands of moneylenders
• Lack of representation even in reserved positions
• High prevalence of malnutrition
• Inadequate implementation of existing constitutional and legislative safeguards

The SC and ST communities face myriad challenges and difficulties which range from subtle verbal assaults to outright physical violence, economic sanctions, and social boycott. Therefore, the Constitution has provided various provisions in order to uplift them from their position of destitute into the mainstay of the society

• Preamble: Guarantees the following to all
• Justice: Social, Economic, and Political
• Equality: of Status and Opportunity
• Article 14- Right to Equality and equal treatment of all people.
• Article 15- Prohibition of Discrimination on grounds of religion, race, caste, sex, or place of birth. Clause (4)- provides for reservation for SC/STs in educational institutions.
• Article 16- Equality of opportunity in matters of public employment and prohibition of discrimination on grounds of caste or place of birth. Clause (4)- provides for reservation for SC/STs in government employment.
• Article 17- Abolishment of Untouchability or any kinds of practices which create barriers for so called ‘untouchable’ people to access public goods and services.
• Article 21- Right to Life & Liberty
• Article 23- Prohibition of human trafficking, begar, forced labour, etc
• Article 39A- Obligation on the State to provide free legal aid to ensure access to justice for all citizens
• Article 46- Promotion of educational and economic interests of SCs and STs. To also protect them from social injustice and all forms of exploitation.
• Article 338- National Commission for Scheduled Castes (NCSC) has been setup to advance their interests and monitor the implementation of existing schemes for them
• Article 338A- National Commission for Scheduled Tribes (NCST) was introduced vide the 89th Amendment Act, 2003 to provide independent commission to review progress of Scheduled Tribes in the country

Objective of SC/ ST Act: The Prevention of Atrocities Act, 1989 therefore tries to give force to Article 15, 17, and 21 of the constitution in order to create a safer society for these individuals and uplift them from generational abuse and turmoil.

• The Act extends to the whole of India
• Covers crimes by non- SC/ST people on those belonging to either SC/ST community.
• It defines what constitutes an ‘atrocity’ and lists out various offences which can be prosecuted under the law. Atrocity is more than merely crime. It is something shockingly cruel and inhumane.
• It forbids the right to anticipatory bail to the offenders
• It also prescribes punishment for a public servant who knowingly neglects his duties as assigned under the act, to be liable to punishment with imprisonment for up to 6 months
• The SC/ST (PoA) Rules, 1995 were enacted to provide relief and rehabilitation for the victims.
• Under it, State Government is required to set up a SC/ST Protection Cell.
• It identifies ‘Atrocity Prone Areas’ where increased vigilance is required.

The Act was amended in 2015 which added the following provisions

• It widened the scope and nature of atrocities that could now be prosecuted under this law eg. garlanding with chappals, abusing somebody’s caste name, etc
• It provided for the establishment of fast-track courts with special public prosecutors to try offences under the act
• It defined ‘wilful negligence’ carried out by public servants eg. refusing to register complaints under the act

The 2018 amendment added Section 18A to the Act which effectively nullified the need of a preliminary enquiry before registration of an FIR, or to seek approval of any authority prior to the arrest of an accused by the Investigating Officer (IO). Further, no anticipatory bail was to be allowed to such offenders.

Despite the deterrent provisions made in the Act, atrocities against the members of the Scheduled Castes and Scheduled Tribes have continued at a disturbing level. These challenges were acknowledged in the 2014 Short Title of the 2014 Amendment Act and includes the following: -

• Inadequate Justice Delivery: as procedural hurdles are faced such as non-registration of cases, delay in filing of chargesheet and delay in trial.
• Rise in crimes against SCs/STs despite stricter provisions
• Under-reporting of cases due to fear to life or complacency of public officials
• Low conviction rate of merely 25% with a very high pendency
• Misuse of the Act to frame innocent people

The SC/ST Act, 1989 is a powerful tool in the hands of the marginalised and deprived sections of the society. The real concern now should be on increasing awareness among the SC/ST community regarding the Act. Special emphasis must be given on reducing the pendency and bringing the perpetrators to justice in order to work towards a casteless society devoid of untouchability and aggression towards the weaker sections. Central Government gives advisories to the State Governments/UT Administrations from time to time for effective implementation of the SC/ ST Act and Rules in letter and spirit since 'Police' and 'Public Order' are State subjects under Schedule 7 List II of the Constitution of India. The National Helpline against Atrocities (NHAA) is a toll-free number ‘14566’ by the Ministry of Social Justice & Empowerment.