DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY

BASICS OF LEGISLATION
PROJECT :
“SCHEDULED CASTE AND SCHEDULED TRIBE (PREVENTION OF
ATROCITIES) ACT ,1989”

SUBMITTED BY: SUBMITTED TO :

Shivam Patel Dr. Shashank Shekhar

200101128 Assistant Professor (law)

B.A.LL.B. (Hons.) 1st Semester Dr. Ram Manohar Lohiya National Law

Section – B University

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 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to My Basics of Legislation Professor

Dr. Shashank Shekhar, who gave me the golden chance to do this breathtaking project on the The
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act,1989), which also helped me
in doing a lot of Research and I came to know about so many new things and Had Great
Experience exploring the Websites , Books and Knowing about Everything I needed for My
Project.

Secondly I would also like to thank my parents and friends who helped me a lot in finalizing this
project within the limited time frame.

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 CONTENT

• INTRODUCTION………………………………………………………….……04

• DEFINITIONS…………………………………………………………….……..04

• BACKGROUND OF THE ACT…………………………………………..……..05

• SC/ST ACT,1989………………………………………….......................................06

• BARE ACT AND RULES,1995…………………………………………... .……07

• OFFENCES OF ATROCITIES……………………………………..…………...09

• ORDINANCE ACT OF 2014…………………………………………….………11

• SC/ST AMENDMENT ACT,2014-2015……………………………….………...11

• SC/ST AMENDMENT ACT,2018……………………………………………….13

• RULING OF SUPREME COURT ON SC/ST ACT……………………………13

• BENEFITS AND DRAWBACKS OF THE ACT……………………………….14

• CONCLUSION…………………………………………………………………....15

• REFERENCES……………………………………………………………………17

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 INTRODUCTION

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament
of India authorized to prevent Atrocities against Scheduled Classes and Scheduled tribes. The
Act is famously known as the SC/ST Act, POA, the Prevention of Atrocities Act, or essentially
the Atrocities Act.

It was established when the arrangements of the current laws, (for example, the Protection of
Civil Rights Act 1955 and Indian Penal Code) were discovered to be deficient to check these
wrongdoings (characterized as 'Atrocities' in the Act). Perceiving the proceeding with net
outrages and offenses against Scheduled Castes and Tribes, the Parliament passed the 'Scheduled
Castes and Schedule Tribes (Prevention of Atrocities) Act 1989.The law was implemented in
1995.

For a successful revolution it is not enough that there is discontent. What is required is a
profound and thorough conviction of the justice, necessity and importance of political and
social rights. -Dr. B. R. Ambedkar

Definitions

In this Act unless the context otherwise requires –

a. "Atrocity" means an offence punishable under section 3

b. "Code" means the Code of Criminal Procedure, 1973 (2 of 1974)

c. "Scheduled Castes and Scheduled Tribes" shall have the mean-ings assigned to them
respectively under clause (24) and clause (25) of article 366 of the Constitution

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d. "Special Court" means a Court of Session specified as a Special Court in section 14

e. "Special Public Prosecutor" means a Public Prosecutor specified as a Special Public

Prosecutor or an advocate referred to in section 15

f. Words and expressions used but not defined in this Act and de-fined in the Code or the Indian
Penal Code (45 of 1860) shall have the meanings assigned to them respectively in the Code, or as
the case may be, in the Indian Penal Code.

2. Any reference in this Act to any enactment or any provision thereof shall in relation to an area
in which such enactment or such provision is not in force, be construed as a reference to the
corresponding law, if any, in force in that area.

BACKGROUND OF THE ACT

. Article 15 and 17 of the Constitution of India explicitly secure against Discrimination based on
Caste and race and annul Untouchability as a practice.However, 8 years after Independence, there
was as yet a need felt for a particular Act of law to address the act of Untouchability and this was
set up as the Untouchability Offenses Act 1955 which was later corrected to Protection of Civil
Rights Act 1977.

Still the period from the 70s to the 1990s saw probably the most unimaginable degrees of
wrongdoings against Scheduled Castes and Scheduled tribes .These violations incorporated a few
mass slaughters. For instance, from 1970s to well into the 2000s, the State of Bihar various mass
monstrosities against Dalits. In certain states like West Bengal, as of now uprooted Namashudra
people group were quite purified in numbers running in thousands in spots like Marichjhanpi.

Notwithstanding mass monstrosities, a few ordinary wrongdoings were executed against both
Dalit and Adivasi people group. These violations were really unmistakable from the overall range
of scorn wrongdoings depended on Caste and were not adequately covered under Protection of
Civil Rights Act or the Indian Penal Code. These violations included explicit demonstrations of

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mortification, badgering and dehumanization that are the one of a kind results of the Brahminical
pecking order that puts together Indian Society.

On seeing their communities’ vulnerabilities to what was then termed “gruesome acts”,
Dalit and Adivasi activists and representatives of government fought a hard battle for a
comprehensive set of protections to be passed.

Their efforts rewarded in the Parliament passing ‘Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities) Act’, 1989 & Rules, 1995.

SCHEDULED CASTE AND SCHEDULED TRIBE

(PREVENTION OF ATROCITIES) ACT 1989

An Act to prevent the commission of offences of atrocities against the members of the Scheduled
Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and
for the relief and rehabilitation of the victims of such offences and for matters connected
therewith or incidental thereto

The preamble of the Act states - “To Prevent The Commission Of Offences Of Atrocities
Against The Members Of Scheduled Castes And Tribes, To Provide For Special Courts For
The Trial Of Such Offences And For The Relief And Rehabilitation Of The Victims Of Such
Offenses And For Matters Connected Therewith Or Incidental Thereto.”

The SC/ST Act records 22 offenses identifying with different examples or practices causing
criminal offenses and breaking the sense of pride and regard of the planned stations and clans
network. This incorporates refusal of monetary, popularity based and social rights, separation,
misuse and maltreatment of the lawful cycle. As per the SC/ST Act, the assurance is given from
social incapacities, for example, refusal of admittance to specific spots and to utilize standard

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entry, individual monstrosities like intense drinking or eating of unappetizing food sexual abuse,
injury and so forth, barbarities influencing properties, noxious indictment, political handicaps and
monetary misuse.

For rapid preliminary, Section 14 of the SC/ST Act accommodates a Court of Session to be a
Special Court to attempt offenses under this Act in each area.

The prime goal of the SC/ST Act is to convey equity to underestimated through proactive
endeavors, giving them an existence of respect, confidence and an existence unafraid, viciousness
or concealment from the predominant positions.

THE BARE ACT AND RULES

There are 4 Chapters and 23 Sections.

CHAPTERS :

CHAPTER I

• PRELIMINARY

CHAPTER II

• OFFENCES OF ATROCITIES

CHAPTER III

• EXTERNMENT

CHAPTER IV

• SPECIAL COURTS

CHAPTER IVA

• RIGHTS OF VICTIMS AND WITNESSES

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SECTION :

Section 1. Short title, extent and commencement.

Section 2. Definitions.

Section 3. Punishments for offences atrocities.

Section 4. Punishment for neglect of duties.

Section 5. Enhanced punishment subsequent conviction.

Section 6. Application of certain provisions of the Indian Penal Code.

Section 7. Forfeiture of property of certain persons.

Section 8. Presumption as to offences.

Section 9. Conferment of powers.

Section 10. Removal of person likely to commit offence.

Section 11. Procedure on failure of person to remove himself from area and enter thereon
after removal.

Section 12. Taking measurements and photographs, etc., of persons against whom order
under section 10 is made.

Section 13. Penalty for noncompliance of order under section 10.

Section 14. Special Court and Exclusive Special Court.

Section 14A. Appeals.

Section 15. Special Public Prosecutor and Exclusive Public Prosecutor.

Section 15A. Rights of victims and witnesses.

Section 16. Power of State Government to impose collective fine.

Section 17. Preventive action to be taken by the law and order machinery.

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Section 18. Section 438 of the Code not to apply to persons committing an offence under
the Act.

Section 18A. No enquiry or approval required.

Section 19. Section 360 of the Code or the provisions of the Probation of Offenders Act not
to apply to persons guilty of an offence under the Act.

Section 20. Act to override other laws.

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

Section 22. Protection of action taken in good faith.

Section 23. Power to make rules.

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 Schedul-ed 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, or notified by any
competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or
gets the land allotted to him transferred;

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v. wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land
or premises or interferes with the enjoyment of his rights over any land, premises or water

vi. compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do 'begar' or other
similar forms of forced or bonded labour other than any compulsory service for public purposes
imposed by Government

vii. forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to
vote to a particular candidate or to vote in a manner other than that provided by law

viii. institutes false, malicious or vexatious suit or criminal or other legal proceedings against a
member of a Scheduled Caste or a Scheduled Tribe

ix. gives any false or frivolous information to any public servant and thereby causes such public
servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a
Scheduled Tribe

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

xii. being in a position to dominate the will of a woman belonging to a Scheduled Caste or a
Scheduled Tribe and uses that position to exploit her sexually to which she would not have
otherwise agreed

xiii. corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by
members of the Scheduled Castes or a 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 or obstructs such member so as to prevent him from using or
having access to a place of public resort to which other members of public or any section thereof
have a right to use or access to

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xv. forces or causes 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.

SCHEDULED CASTE AND SCHEDULED TRIBE

(PREVENTION OF ATROCITIES) ACT

(ORDINACE AND AMENDMENTS)

ORDINACE 0F 2014

The Then President of India Pranab Mukherjee had passed the Scheduled Castes and Scheduled
castes amendment ordinance 2014 on March 4, 2014. The ordinance had lapsed after the
Parliament failed to ratify the bill in next 6 months .

AMENDMENT OF 2014 & 2015

The objective is to ensure more rigorous provisions for the prevention of Atrocities against
People of Scheduled Castes and the Scheduled Tribes. Salient Features of the amendment Act
are as follows:

• New offences of atrocities are added.

1. Tonsuring of the head, moustache, or similar acts which are derogatory to the
dignity of members.

2. Garlanding with chappals or shoes.

3. Denying access to irrigation facilities or forest rights.

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 4. Dispose or carry human or animal carcasses, or to dig graves.

5. Using or permitting manual scavenging.

6. Dedicating a woman as Devadasi.

7. Abusing in caste name.

8. Perpetrating witchcraft atrocities.

9. Imposing social or economic boycott.

10. Preventing SC and ST candidates from the filing of nomination to contest elections.

11. Hurting an SC/ST woman by removing her from her house, village or residence.

12. Defiling objects sacred to members of SC/ST.

13. Touching or using words, acts or gestures of a sexual nature against members.

• Creation of Exclusive Special Courts and specification of Exclusive Special Public

Prosecutors also, to exclusively try the offences under the PoA Act to facilitate speedy and
expeditious disposal of cases.
• Power of Special Courts and Exclusive Special Courts, to take direct cognizance of
offence and as far as possible, completion of trial of the case within 2 months, from the date
of filing of the charge sheet.
• Clearly defined the term ‘wilful negligence’ of public servants at all levels, starting from
the registration of complaint.
• If the accused was acquainted with the victim or his family, the court will assume that the
accused has known about the caste or tribal identity of the victim unless proved otherwise.

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 SC/ST (PREVENTION OF ATROCITIES) AMENDMENT ACT,
2018

An Act further to amend the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
Be it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2018.
(2) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint
2. After section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989, the following section shall be inserted, namely:-
"18A. (1) For the purposes of this Act,-
(a) Preliminary enquiry shall not be required for registration of a First Information Report
against any person; or
(b) The investigating officer shall not require approval for the arrest, if necessary, of any person,
against whom an accusation of having committed an offence under this Act has been made and
no procedure other than that provided under this Act or the Code shall apply.
(2) The provisions of section 438 of the Code shall not apply to a case under this Act,
notwithstanding any judgment or order or direction of any Court.".

RULING OF SUPREME COURT

In 2018, The Supreme Court had made a provision for anticipatory bail to offenders under the
law. However, after strong protests against the dilution across the country, the Union government
removed this provision to bring the law back to its original form by Amendment.

The March 20 judgment had diluted the original 1989 legislation, saying they were using its
provisions to file false criminal complaints against innocent persons.

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In 2020, The Supreme Court upheld the Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Amendment Act of 2018, which nullified its own controversial March 20, 2018
judgment diluting the stringent provisions of the Dalit protection law.

The Supreme Court had itself earlier recalled the March 20 judgment on October 1, 2019 in a
review petition filed by the government. It had said it was wrong on the part of the March 20
judgment to treat all SC/ST community members as “a liar or crook”. It was against “basic
human dignity”. The March 20 judgment had diluted the original 1989 legislation, saying they
were using its provisions to file false criminal complaints against innocent persons.

Even while reserving the case for judgment, the Bench of Justices Arun Mishra, Vineet Saran
and S. Ravindra Bhat had made it clear that it would neither upset the October 1 judgment nor
dilute the provisions of the statute.

BENEFITS AND DRAWBACKS OF SC/ST ACT,1989

BENEFITS:

The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act,1989 was enacted to
stop the barbarities carried out against a Person of Scheduled position and Scheduled Tribe,
Which was exceptionally fundamental in nation like India ,where individuals segregate based on
standing ,sex, shading and belief. This demonstration offers a legitimate help to the sc/st network
individuals against the abominations submitted against them. This demonstration was need of
great importance the advancement of our nation where men guarantees all classes to be
equivalent yet actually we are not treating similarly to any of the class. This demonstration can
bring the equity among all classes whenever established appropriately.

The POA has improved mindfulness with respect to various sorts of monstrosities looked by SCs
and STs = guaranteed the decrease in the crime percentage in light of resultant lawful discipline.

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The demonstration has made a positive change in the attitude of upper standing towards SCs and
STs.

DRAWBACKS AND LACUNAE:

• Low conviction rate.

• Less number of restored casualties.
• Low mindfulness among the expected recipients about the diverse lawful cures and
arrangements.
• Very few states have actualized preventive measures to stop different outrages.
• SC/ST act is among the most abused laws in India. Many utilize this demonstration to
dole out an individual retribution or to malign some honest individual.

CONCLUSION

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 was enacted when
provisions of existing laws such as Protection of civil rights act 1955 and Indian Penal Code
were found to be not able to deal with crimes such as “Atrocity” defined in this act. The
objectives of the Act clearly emphasized the intention of the government to deliver justice to
these communities through practical efforts to enable them to live in society with dignity and self
esteem and without fear or violence or suppression from the dominant castes of the country. The
practice of Untouchability, in its unambiguous and swathe form was made a cognizable and non-
compoundable offence, and strict punishment is provided for any such offence.

The Act was supposed to Include Dalits in the Indian Society and Prevent Atrocities against
them But the Act failed to deliver the promises as given below graph Printed in the Newspaper
“The Hindu” in 2019 shows the rise in Atrocities against SCs and STs --

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BY THE HINDU:

Crime against Scheduled Castes (SCs) and Scheduled Tribes (STs) saw an increase of over 7%
and 26% respectively in year 2019 compared to 2018, according to the annual Crime in India
2019 report published by the National Crime Records Bureau (NCRB) on Wednesday.

Due to “non-receipt of data” from West Bengal for 2019, the 2018 data has been used
to arrive at national and city-wise figures, the NCRB said.

A total of 45,935 cases were registered for committing crime against SCs, showing an
increase of 7.3% over 2018, when 42,793 such cases were recorded. At 11,829 cases,
Uttar Pradesh recorded the highest number of crimes against SCs in 2019, followed by
6,794 cases in Rajasthan and 6,544 cases in Bihar, the report said.

The most crucial thing for ending discrimination and improving fraternity is a consistent
societal action to change the entrenched caste rigidity. SC/ST Prevention of Atrocities Act
only serves as a tool in this Endeavour rather than an end in itself.

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 REFERENCES

Primary Sources:

Websites

• Socialjustice.nic.in,(http://socialjustice.nic.in/writereaddata/UploadFile/The%20Schedule
d%20Castes%20and%20Scheduled%20Tribes.pdf)
• Wikipedia,(https://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Preve
ntion_of_Atrocities)_Act,_1989 )
• Indiancode.nic.in,(https://www.indiacode.nic.in/handle/123456789/1920?view_type=bro
wse&sam_handle=123456789/1362 )
• Medium.com,( https://medium.com/@dalithistorynow/in-dalit-history-legal-protections-
the-sc-st-prevention-of-atrocities-act-1989-e3fb5cae3402 )
• IASexpert,( https://www.iasexpress.net/sc-st-prevention-of-atrocities-act-upsc/ )

Secondary Sources:

Books

• Yawer Qazalbash, “Commentary on The Scheduled Caste And Tribe (Prevention Of

Atrocities ) Act 1989” .
• G.S Narwani,“Atrocities against Scheduled Castes and Scheduled Tribes”

Newspaper Articles

• Krishnadas Rajagopal, “Supreme court upholds amendments made to nullify own

judgement diluting provisions of SC/ST Act” The Hindu (New Delhi,February 10,2020).
• Debayan Roy, “Supreme Court upholds Modi Govt’s SC/ST Amendment Act, says
approval not needed for FIR” The Print (February 10,2020)

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