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

Recent Development:

• The Punjab & Haryana High Court recently quashed an FIR under the SC/ST Act because it failed to establish that the accused was aware of the complainant’s caste.

About the Act:

• Objective: Prevent atrocities against Scheduled Castes (SCs) and Scheduled Tribes (STs) and ensure justice for these communities through preventive and proactive measures.
• Common Names: Known as the SC/ST Act, Prevention of Atrocities (POA) Act, or Atrocities Act.
• Enactment:
  • Passed on 11 September 1989.
  • Came into force on 30 January 1990.
• Last Amendment:
  • Amended in 2019, replacing older laws such as the Untouchability (Offences) Act, 1955, and the Protection of Civil Rights Act, 1955.
• Constitutional Basis:
  • Article 15: Prohibits discrimination based on caste.
  • Article 17: Abolishes untouchability and forbids its practice in any form.

Key Provisions of the Act:

1. Listed Offences:
   • A total of 37 offences are listed under the Act, all of which are cognizable, allowing police to initiate investigations without a warrant.
2. Investigation Protocol:
   • Only officers of the rank of Deputy Superintendent of Police (DSP) or above are authorized to investigate these cases.
   • Investigations must be completed within 30 days.
3. Speedy Trials:
   • Designated Special Courts handle cases of atrocities against SCs and STs to ensure expedited justice.
   • A Public Prosecutor or an advocate with a minimum of 7 years of practice represents such cases in these courts.
4. Punishment:
   • Minimum: 6 months imprisonment.
   • Maximum: Life imprisonment or even death sentence in severe cases.
5. Penalty for Neglect of Duty:
   • Public servants who fail to perform their duties under this Act can face imprisonment of up to 6 months.
6. Immediate Relief for Victims:
   • Victims are entitled to immediate relief, either in cash or kind, which is provided by the District Magistrate or Sub-Divisional Magistrate.

Significance of the Act:

• Ensures a deterrent against caste-based discrimination and violence.
• Strengthens the constitutional mandate for equality and justice for marginalized communities.