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

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes.
Article 17 of Indian Constitution seeks to abolish 'untouchability' and to forbid all such practices.

Extent & Enactment of the Act

The SCs and STs (Prevention of Atrocities) Act, 1989 with stringent provisions (which extends to whole of India except the State of Jammu & Kasmhir) was enacted on 9 September 1989.

Commencement

Section 23(1) of the Act authorises the Central Government to frame rules for carrying out the purpose of the Act.
Drawing power from this section, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules of 1995 were framed.
The rules for the Act were notified on 31 March 1995.

Salient Features of the Act

1.   Creation of new types of offences not in the Indian Penal Code (IPC) or in the Protection of Civil Rights Act 1955 (PCRA).
2.   Commission of offences only by specified persons (atrocities can be committed only by non-SCs and non-STs on members of the SC or ST communities. Crimes among SCs and STs or between STs and SCs do not come under the purview of this Act).
3.   Defines various types of atrocities against SCs/STs (Section 3(1)i to xv and 3(2)i to vii).
4.   Prescribes stringent punishment for such atrocities (Section 3(1)i to xv and 3(2)i to vii).
5.   Enhanced punishment for some offences (Section 3(2)i to vii, 5).
6.   Enhanced minimum punishment for public servants (Section 3(2)vii).
7.   Punishment for neglect of duties by a public servant(Section 4).
8.   Attachment and forfeiture of property (Section 7).
9.   Externment of potential offenders (Section 10(1), 10(3), 10(3)).
10.   Creation of Special Courts (Section 14).
11.   Appointment of Special Public Prosecutors (Section 15).
12.   Empowers the government to impose collective fines (Section 16).
13.   Cancellation of arms licences in the areas identified where an atrocity may take place or has taken place (Rule 3iii) and seize all illegal fire arms (Rule 3iv).
14.   Grant arms licences to SCs and STs (Rule 3v).
15.   Denial of anticipatory bail (Section 18).
16.   Denial of probation to convict (Section 19).
17.   Provides compensation, relief and rehabilitation for victims of atrocities or their legal heirs (Section 17(3), 21(2)iii, Rule 11, 12(4)).
18.   Identification of atrocity prone areas (Section 17(1), 21(2)vii, Rule 3(1)).
19.   Setting up deterrents to avoid committing of atrocities on the SCs amongst others (Rule 3i to 3xi).
20.   Setting up a mandatory, periodic monitoring system at different levels (Section 21(2)v):
•   District level (Rule 3xi, 4(2), 4(4), 17).
•   State level (8xi, 14, 16, 18).
•   National level (Section 21(2), 21(3), 21(4)).

Definitions

Defining 'atrocity'

In legal parlance, the Act understands the term to mean an offence punishable under sections 3(1) and 3(2).

Atrocity is “an expression commonly used to refer to crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs) in India”.
It implies “any offence under the Indian Penal Code (IPC) committed against SCs by non-SC persons, or against STs by non-ST persons. Caste consideration as a motive is not necessary to make such an offence in case of atrocity”.

Scheduled Castes

According to Article 366 (24), Scheduled Castes means such cases, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes.
As per Article 341 of the Constitution of India, the President consultation with the Governors of the States concerned, can specify the tribes or tribal communities or parts of it, for the purposes of this constitution as scheduled caste.

Scheduled Tribes

According to Article 366 (25), Scheduled Tribes means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution;
According to Article 342, The President may, specify the tribes or tribal communities or parts of it, for the purposes of this constitution as scheduled tribes in relation to that state or Union Territory.

Objective

The objectives of the Act, therefore, very clearly emphasise the intention of the Indian state to deliver justice to SC/ST communities through affirmative action in order to enable them to live in society with dignity and self-esteem and without fear, violence or suppression from the dominant castes

Special Courts

For speedy trial, Section 14 of the Act provides for a Court of Session to be a Special Court to try offences under this Act in each district.

Limitations of Special Courts:

Consequently, at any time about 80% of the cases are pending[14]—defeating the very purpose of having special courts in the first place.
According to 2002 Annual Report dealing with SC/ST Act , of the total cases filed in 2002 only 21.72% were disposed of, and, of those, a mere 2.31% ended in conviction.

Constitutional Safeguard for SC and ST

DPSP: Article 46: educational and economic interests and social injustice
Social Safeguard

Article 17: "Untouchability" is abolished and its practice in any form is forbidden.
Article 23. Prohibits traffic in human beings and beggar. Bonded Labour System (Abolition) Act, 1976.
Article 24 provides that no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. This article too is significant for SCs and STs as a substantial portion, if not the majority, of child labour engaged in hazardous employment belong to SCs and STs.
Article 25(2)(b) provides that Hindu religious institutions of a public character shall be thrown open to all classes and sections of Hindus.

Educational and Cultural Safeguards

Article 15(4) empowers the State to make any special provision for the advancement of any socially and educationally backward classes of citizens or for SC and ST.
Article 330 provides for reservation of seats for SCs/STs in the Lok Sabha.
Article 332 provides for reservation of seats for SCs/STs in the State Vidhan Sabhas (Legislative Assemblies).
Article 334 originally laid down that the provision relating to the reservation of seats for SCs/STs in the Lok Sabha and the State Vidhan.

Service Safeguards

Article 16(4): Reservation in appointments or posts in favour of any backward class of citizens.
Article 16(4A): Promotion to any class or classes of posts in the services

STATUTES AND LEGISLATIONS

There are a number of laws, both Central and State, which provide for safeguards to SCs/STs.

Some of these emanate from the various Constitutional provisions. An illustrative list of such laws is given below:

The Protection of Civil Rights Act, 1955.
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The Bonded Labour System (Abolition) Act, 1976.
The Child Labour (Prohibition and Regulation) Act, 1986.
Acts and regulations in force in different States to prevent alienation of land belonging to SCs/STs. In some States such provision exists in the Land Revenue Code.
Acts in different States for restoration of alienated land to SCs/STs.

National Commission for SC

National Commission for Scheduled Castes is an Indian constitutional body established with a view to provide safeguards against the exploitation of Scheduled Castes to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution.

Composition

The Commission comprises a Chairperson, a Vice-Chairperson and three full-time Members (including one lady Member).
The term of all the Members of the Commission is three years from the date of assumption of charge.

Functions

To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law.
To inquire into specific complaints with respect to the deprivation of rights and safeguards
To participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State.
To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards.
To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation.

National Commission for ST

National Commission for Scheduled Tribes is an Indian constitutional body was established through Constitution (89th Amendment) Act, 2003.

Composition & Functions

Similar to National Commission for SC