Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Context:
In a judgement, the Supreme Court ruled that not all insults or intimidatory remarks directed at a person belonging to a Scheduled Caste or Scheduled Tribe would constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
More on news:
- The court ruled that a person who is not from a Scheduled Caste/Scheduled Tribe (SC/ST) cannot be charged under the 1989 Act solely because their actions were directed at someone who is a SC/ST individual.
- Conversely, the Act would apply if the insult was deliberately aimed at the victim specifically because they are a member of the SC/ST community.
About the Act:
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is a crucial piece of legislation in India aimed at preventing atrocities and discrimination against Scheduled Castes (SCs) and Scheduled Tribes (STs).
Key aspects of the Act:
- Enactment: The Act was enacted by the Parliament of India on September 11, 1989, and came into force on January 30, 1990.
- Purpose: The primary objective of the Act is to safeguard the rights of SCs and STs and to prevent atrocities against them, which have been prevalent despite various legal protections.
The Act was established with consideration of the explicit constitutional protections outlined in Articles 15 (Prohibition of Discrimination), 17 (Abolition of Untouchability), and 21 (Protection of Life and Personal Liberty). It aims to achieve two main goals: safeguarding members of these vulnerable communities and providing relief and rehabilitation to victims of caste-based atrocities.
- Definition of Atrocities: The Act defines “atrocities” in Section 3, which includes various offences such as:
- Causing physical harm or injury to a member of SC/ST.
- Discrimination in the form of social or economic humiliation.
- Forcing a SC/ST individual to drink or eat any inedible or obnoxious substance.
- Special Courts: The Act provides for the establishment of Special Courts to ensure speedy trial of offences committed against SCs and STs.
- Nature and Punishment for an Offence: All offences under the Act are classified as cognizable.
- It also stipulates penalties for public servants, who are not from SC or ST communities, if they neglect their duties.
- Additionally, the Act prescribes increased punishment for repeat offences.
- Punishments: The Act prescribes stringent punishments for various offences, including imprisonment and fines, depending on the severity of the crime.
- Amendments: The Act has undergone several amendments to enhance its effectiveness, including significant changes in 2015, 2018, and 2019.
- Under the amended SC/ST Act (2018), a preliminary inquiry is not required, and no prior approval is needed from appointing authorities for senior police officers to file FIRs in cases of atrocities against SC and ST individuals.