The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989

INTRODUCTION

The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 was enacted
in 1989 to prevent atrocities against individuals belonging to Scheduled Castes (SC) and
Scheduled Tribes (ST). These communities have faced discrimination and oppression due to
their lower social status from time immemorial. The act provides legal protection for these
vulnerable sections, out of which Dalits and Adivasis are the most oppressed groups of our
society, by criminalising offences committed against them. It aims to provide legal
protection and address discrimination and violence these marginalised communities face.

Article 17 of the Indian Constitution offers protection against untouchability. It explicitly

prohibits the practice of untouchability in any form and declares it to be an offence
punishable by law. The article emphasizes the fundamental principle of equality and ensures
that no citizen shall be subjected to discrimination based on their caste or social status.

What Does The SC/ST Prevention Of Atrocities Act Protect?

The SC/ST Prevention of Atrocities Act protects scheduled castes and scheduled tribes from
specific forms of exploitation or abuse.

1. Wrongfully restraining or confining a person or exploiting their labour.

For example, an example of this offence is to configure a Dalit woman in a village to

do manual work without paying her the minimum wages.

2. Assault or criminal force, or threat of such force to a person, with intent to outrage or
knowing that they are likely to cause fear or alarm or provocation or insult or
provocation to cause bodily injury to the person.

For example: Assaulting a Dalit man who works as a manual scavenger in a public
toilet by kicking or beating him is an example of this offence.

3. Wrongfully depriving a person of their earnings or property knowing that they are
likely to cause fear or alarm or provocation or insult or provocation to cause bodily
injury to the person.

For example, A non-Dalit shopkeeper refusing to sell groceries to a Dalit man who
works as a labourer is an example of this offence.

4. Wrongfully dispossessing a person of land, movable property or immovable

property.
 For example: If a Dalit family is illegally evicted from their land or house, their crop
is damaged or destroyed, or their belongings are taken away, this offence is
committed.
If the police refuse to register a complaint about any of the above offences, the
SC/ST Prevention of Atrocities Act says that the victim has the right to file a
complaint before a “competent authority”.

5. Wrongfully extorting or inducing any person by false pretence, using force, or

threatening to give or withhold any money or other valuable thing.

For example, A non-Dalit shop owner pressuring a Dalit man to pay money that he
does not have is an example of this offence.

Who Can Be Held Guilty Under The SC/ST Prevention Of Atrocities Act?

1. Any person who commits any of the offences mentioned earlier against an SC/ST
person is liable to be punished under the SC/ST Prevention of Atrocities Act.
2. The term SC/ST refers to the former “untouchable” and “backward” classes of
people at the bottom of the Indian caste system hierarchy.
3. Under the act, SCs include Dalits, Adivasis or tribes, and Savarnas. STs are people
who are “by their unvarying environment, habits and customs, less advanced than the
other members of the society”.

Important Provisions of SC/ ST Act

The caste system has been deeply ingrained in Indian society for centuries, resulting in
discrimination against certain groups based on their birth. This discrimination has led to
various forms of violence, exploitation, and denial of basic rights for SCs and STs. This was
the main reason that forged the birth of this act.

Here are some important sections and provisions of this act:

1. Section 3 of the SC/ST Act defines the term "atrocity" as "any of the following
acts that include:

 Intentionally insulting or intimidating a member of a Scheduled Caste or a Scheduled

Tribe on the ground of his or her social status;
 Forcing a member of a Scheduled Caste or a Scheduled Tribe to do any act which he
or she is prohibited by his or her religion or social customs from doing.
 Forcing a member of SC/ST to drink or eat any inedible or obnoxious substance.
 Subjecting a person belonging to a Scheduled Caste or a Scheduled Tribe to cruelty
or humiliation on account of his or her caste;
 wrongfully dispossessing a member of a Scheduled Caste or a Scheduled Tribe of
any land or other property;
 Defiling a place of worship dedicated to a member of a Scheduled Caste or a
Scheduled Tribe;
  Denying the use of any well, spring, tank, bathing ghat, road, or place of public resort
to a member of a Scheduled Caste or a Scheduled Tribe;

2. Section 7: This section provides for the forfeiture of property of persons convicted of
offences under the SC/ST Act. This means that if a person is convicted of an offence
under the Act, their property can be forfeited to the government. This provision is
important because it seeks to deter people from committing offences against SCs and
STs.
3. Section 14: This section provides for the establishment of Special Courts to try
offences under the SC/ST Act. Special Courts are courts that are specifically
dedicated to trying offences under the Act. This provision is important because it
seeks to ensure that offences under the Act are tried speedily and effectively.
4. Section 10: This section provides for the protection of witnesses in cases under the
SC/ST Act. This means that witnesses in cases under the Act are entitled to certain
protections, such as protection from intimidation and violence. This provision is
important because it seeks to ensure that witnesses are able to come forward and
testify in cases under the Act without fear of reprisal.

 Section 10(1): This section provides for the appointment of officers to investigate
cases under the SC/ST Act. These officers are responsible for investigating cases
under the Act and collecting evidence. This provision is important because it seeks to
ensure that cases under the Act are investigated properly and that the evidence is
properly collected.

5. Section 18: This section provides for the punishment for abetment of offences under
the SC/ST Act. This means that a person can be punished for abetting an offence
under the Act, even if they did not actually commit the offence themselves. This
provision is important because it seeks to deter people from abetting offences against
SCs and STs.

The penalty for offences committed under the SC/ST Prevention of Atrocities Act is
rigorous imprisonment for a term of not less than six months, which may extend to
five years and shall also be liable to pay a fine.

6. Section 21: This section provides for the appeal against orders passed by Special
Courts under the SC/ST Act. This means that a person who a Special Court convict
can appeal their conviction to a higher court. This provision is important because it
seeks to ensure that the rights of the accused are protected.

Examples of Atrocities

 Kizhavenmani, Tamil Nadu (1958) in which 44 SCs were burnt to death in a

confined building because SC agricultural labourers sought a little raise in their very
low wages. The high court acquitted all the accused.
  Karamchedu, Andhra Pradesh, 1984: Five SCs were massacred. The trial court
convicted many of the accused. The high court acquitted all. The Supreme
Court upheld the trial court judgment – a clear example that acquittals do not mean
false cases.
 Tsunduru, Andhra Pradesh, 1991: Eight SCs were massacred. The trial court
convicted the accused in 2007. The high court acquitted them in 2014. The Supreme
Court has admitted a special leave petition (SLP) of the surviving victims and
survivors of victims.
 Six cases of Bihar including the Bathani Tola (1996) and Laxmanpur Bathe
(1997). In most of these, the trial court convicted the accused. In all of these, the high
court acquitted the accused. Appeals are pending in the Supreme Court.

Case Laws on SC/ ST Act

 In the case of Sri Ghulam Mustafa Vs Union of India (2023), Supreme Court
quashed an FIR registered against the MD of GM Infinite Dwelling (India) Private
Limited (GMID) and others under The SC/ST Act. The Court held that the FIR was
registered in a mala fide manner and the police authorities had not been careful
before invoking the provisions of the SC/ST Act and thus need to be more vigilant
regarding these laws.
 In the case of Prathvi Raj Chauhan Vs. Union of India (2020), Supreme Court of
India held that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 is constitutionally valid. The case arose from a challenge to the Act by
Prathvi Raj Chauhan, who was convicted of an offence under the Act and was thus
challenging the validity of Section 18-A. Chauhan argued that the Act was
unconstitutional because it violated his fundamental rights to equality and freedom of
speech under Articles 15 & 19, respectively.

Conclusion

In conclusion, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 is a significant legislation that protects individuals coming from vulnerable sections of
society. The law safeguards their interests and offers them protection from the humiliation
and ill-treatment their ancestors faced. The recent amendment in 2015 further strengthens
the act by adding new offences and introducing measures for speedy trials. However, it is
essential to enhance awareness and implementation of the act through educational
initiatives, community outreach programs, and recognition of the importance of upholding
equality so that one day rather than abolishing untouchability,we abolish these laws.