The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) aims to prevent violence and discrimination against members of India’s disadvantaged communities – the Scheduled Castes and Scheduled Tribes. It establishes Special Courts and Exclusive Special Courts to ensure swift and fair trials for offences committed against these groups. Understanding this act is crucial for IAS Exam aspirants, particularly for the GS Mains-II (Indian Polity) section.

In a landmark decision on February 10, 2020, the Supreme Court upheld the constitutionality of the 2018 Amendment to the SC/ST Act. This article delves into the key provisions of this amendment act.

Understanding SCs and STs

• Scheduled Castes (SCs): Previously referred to as “untouchables” within the Hindu caste system, SCs have endured centuries of social exclusion and oppression. The Indian Constitution recognises 1,108 SC communities, constituting approximately 16.6% of the country’s population.
• Scheduled Tribes (STs): Indigenous communities with distinct cultural and social identities, STs have faced historical marginalisation and exploitation. The Constitution recognises 705 STs, accounting for roughly 8.6% of India’s population.

Understanding the SC/ST Amendment Act, 2018

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018 (SC/ST Amendment Act) was passed by the Indian Parliament in August 2018. It aimed to strengthen the existing SC/ST Act of 1989 by introducing stricter measures to prevent atrocities against members of Scheduled Castes (SCs) and Scheduled Tribes (STs).

Key Features of the Amendment Act:

• Automatic Arrest: Section 18A of the amended Act empowers investigating officers (IOs) to arrest individuals accused of atrocities against SC/ST communities without requiring prior approval from authorities. This provision eliminates the need for a preliminary inquiry before registering a First Information Report (FIR).
• Anticipatory Bail Restrictions: The amendment act restricts access to anticipatory bail for those accused of committing atrocities against SC/STs. Bail can only be granted in “exceptional circumstances” where denying it would result in a miscarriage of justice.

Legal Challenges:

The Act faced legal challenges, with petitions arguing that it violated certain fundamental rights enshrined in the Indian Constitution:

• Article 14 (Equality before Law): Petitioners argued that automatic arrest provisions might lead to misuse and violate the principle of equal treatment under the law.
• Article 19 (Freedom of Speech and Expression): Some argued the act could potentially stifle free speech by deterring criticism of SC/ST communities.
• Article 21 (Protection of Life and Liberty): Concerns were raised that bypassing safeguards like preliminary inquiries during arrest could infringe upon personal liberty.

People Also Read: Section 153A IPC and Freedom of Speech

Supreme Court Judgments:

The legal battle regarding the Amendment Act unfolded in several stages:

• March 2018: A two-judge bench initially ruled against automatic arrests and upheld the availability of anticipatory bail.
• September 2019: A three-judge bench reversed the previous decision and restored the provision for automatic arrest.
• February 2020: The Supreme Court delivered a landmark judgment:
  • It upheld the constitutional validity of the SC/ST Amendment Act, including automatic arrest provisions.
  • The court clarified that anticipatory bail could be granted only in rare circumstances to prevent misuse of the act.
  • It emphasised the need for proper investigation and scrutiny by courts before quashing FIRs filed under the act.

Offences Covered Under the SC/ST Act

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) aims to protect members of Scheduled Castes (SCs) and Scheduled Tribes (STs) from various forms of violence, discrimination, and exploitation. Here’s a breakdown of the offences covered under the Act and their corresponding punishments:

A. Atrocities Against SC/STs:

This category encompasses a range of serious offences committed against SC/ST individuals. Here are some examples:

• Physical Assault: This includes acts like beatings, causing injuries, or any form of physical violence inflicted upon SC/ST members.
• Sexual Harassment: Any form of unwelcome sexual advances, including verbal harassment, groping, or sexual assault, falls under this category.
• Kidnapping: Abducting or wrongfully confining an SC/ST member constitutes a crime under the Act.
• Trespass: Forcibly entering or remaining on the property of an SC/ST member without their permission is considered an offence.
• Forced Manual Scavenging: The Act explicitly prohibits forcing someone to clean human waste manually, a practice considered highly degrading.
• Causing Hurt: This includes any act that inflicts pain, suffering, or bodily injury on an SC/ST member.

Punishments for Atrocities: The penalties for committing atrocities against SC/STs can be severe, ranging from six months to life imprisonment, with or without fines.

B. Neglect of Duty by Public Servants:

The Act holds public servants accountable for fulfilling their obligations to protect SC/STs. Some examples of neglectful behaviour include:

• Neglect of Duties: Public servants who fail to carry out their responsibilities to protect SC/STs can be punished.
• Wilful Lapse in Inspections: Officials who deliberately neglect to inspect workplaces or residences of SC/STs to ensure their safety can face the consequences.
• Refusal to Register an Offence: If a public servant refuses to register a complaint filed by an SC/ST member alleging an offence, it’s considered a punishable act.

Punishments for Neglect of Duty: Public servants found guilty of neglecting their duties under the Act can face imprisonment for a period ranging from six months to one year, along with fines.

The SC/ST (Prevention of Atrocities) Amendment Act, 2015

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (SC/ST Act 2015), also known as the PoA Act 2015, significantly strengthened the SC/ST Act of 1989. It came into effect in January 2016.

Key Provisions of the SC/ST Act 2015:

• Expanded Definition of Atrocities: The act broadened the legal definition of offences considered atrocities against members of Scheduled Castes (SCs) and Scheduled Tribes (STs). This includes:
  • Physical acts like tonsuring the head or moustache
  • Verbal abuse that demeans the dignity of SC/STs
  • Symbolic humiliation like forcing someone to wear garlands of slippers
  • Social exclusion through denying access to resources like irrigation or forest rights
  • Unhygienic practices like manual scavenging
  • The harmful Devadasi system
  • Caste-based abuse
  • Witchcraft-related violence against SC/ST women
  • Social and economic boycotts
  • Obstructing SC/ST candidates from contesting elections
  • Sexual harassment of SC/ST women
  • Forcing displacement from homes or villages
  • Defiling religious objects important to SC/ST communities
  • Sexual harassment through gestures or words
• Enhanced Penalties: While offences like assault or kidnapping against anyone are punishable under the Indian Penal Code (IPC), the SC/ST Act 2015 specifies that such offences against SC/STs can attract stricter penalties, potentially leading to imprisonment for up to 10 years.
• Special Court System: The act established a dedicated system of Exclusive Special Courts and Special Public Prosecutors specifically for handling cases of atrocities against SC/STs. This aims to ensure speedy trials and swift justice.
• Victim and Witness Rights: The act incorporates a chapter outlining the rights of victims and witnesses involved in PoA Act cases.
• Addressing Public Servant Negligence: The act defines the “wilful negligence” of public servants at various levels. This allows for penalising officials who fail to fulfil their duties under the act.
• Presumption of Caste Awareness: The act empowers the court to presume that the accused was aware of the victim’s caste or tribal identity if they had prior acquaintance with the victim or their family. This shifts the burden of proof in certain situations.

Breakdown of Key Sections in the SC/ST Act

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is a comprehensive legislation with various sections outlining offences, punishments, and legal procedures. Here’s a breakdown of some crucial sections:

1. Definitions (Section 2): This section establishes clear definitions for key terms like “atrocities,” “Scheduled Caste,” “Scheduled Tribe,” “public servant,” “willful neglect,” and “ST/SC.” This ensures a clear understanding of the Act’s scope and application.

2. Punishments for Offenses (Section 3): This section details the range of punishments for offences committed under the Act. Penalties can vary significantly, ranging from six months to life imprisonment, with or without fines, depending on the severity of the crime.

3. Public Servant Accountability (Section 4): This section addresses neglect of duty by public servants. It outlines consequences for officials who fail to fulfil their obligations to protect SC/STs. These may include neglecting official duties, deliberately skipping inspections of workplaces or residences, or refusing to register complaints filed by SC/ST members.

4. Repeat Offenders (Section 5): This section emphasises stricter penalties for individuals convicted of offences under the Act a second time or subsequently. This serves as a deterrent against repeat offences.

5. Application of IPC Provisions (Section 6): The Act incorporates relevant sections of the Indian Penal Code (IPC) to address certain offences committed against SC/STs. This ensures a wider legal framework for prosecuting such crimes.

6. Forfeiture of Property (Section 7): In specific situations, the Act allows for the forfeiture of property belonging to certain individuals convicted under the Act. This serves as an additional punitive measure.

7. Presumption of Awareness (Section 8): This section establishes a legal presumption that if the accused was previously acquainted with the victim or their family, they were aware of the victim’s SC/ST caste or tribal identity. This can shift the burden of proof in certain cases.

8. Powers for State Governments (Section 9): This section empowers state governments to designate specific officers with the authority to handle matters related to the SC/ST Act.

9. Preventive Measures (Sections 10 & 11): These sections authorise authorities to take preventive actions against individuals deemed likely to commit offences against SC/STs.

10. Special Courts (Section 14): This section establishes a dedicated system of Special Courts for handling cases related to atrocities against SC/STs. This aims to ensure speedy trials and specialised handling of such sensitive cases.

Bail Provisions and Trial Process:

• The SC/ST Act classifies offences as cognisable, allowing for arrests without a warrant.
• Individuals can seek anticipatory bail, but the decision ultimately rests with the magistrate. The Delhi High Court has recently emphasised the need to hear the victim before granting bail.
• Police are mandated to file a charge sheet within 60 days of arrest.
• The Special Courts conduct the legal proceedings after the charge sheet is filed.

Understanding Proper Use and Avoiding Misuse of the SC/ST Act

The SC/ST Act, established to safeguard Scheduled Caste (SC) and Scheduled Tribe (ST) communities from atrocities and discrimination, is a crucial legal instrument. However, there have been instances of its misuse. Here’s a breakdown of the Act’s purpose, potential misuse, and how to ensure its fair application:

Preventing Discrimination and Ensuring Justice:

The SC/ST Act serves a vital role in prohibiting acts of insult, oppression, or exploitation targeted towards SC/ST communities. It empowers these communities to seek legal recourse against such offences.

Understanding Misuse:

While the Act serves a noble purpose, there have been cases of its misuse. Some common examples include:

• False Accusations: Individuals may file false complaints against those not belonging to SC/ST communities to settle personal scores or for revenge.
• Property Disputes: The Act can be misused in land or property disputes, where false accusations of land grabbing are made against non-SC/ST individuals.

These instances of misuse not only harm those falsely accused but also weaken the Act’s effectiveness in protecting the intended beneficiaries.

Promoting Fair Implementation:

To ensure the SC/ST Act functions as intended, several measures are being taken:

• Supreme Court Directives: The Supreme Court has issued guidelines mandating officer-level investigations (Deputy SP or above) for SC/ST Act cases. Additionally, individuals can seek anticipatory bail, and government officials require departmental approval for arrest under this Act.
• False Accusation Recourse: Provisions for counter-complaints and defamation lawsuits allow recourse for those who are falsely accused.

Building Awareness:

It’s crucial to raise awareness within both SC/ST communities and the general public. This ensures SC/ST communities understand how to utilise the Act effectively to safeguard their rights while also preventing its misuse for personal gain.

By promoting understanding and fair implementation, we can ensure the SC/ST Act continues to serve its intended purpose of protecting vulnerable communities.

Conclusion

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018, has sparked debate and legal challenges. While its aim to protect vulnerable communities from atrocities is undeniable, concerns regarding potential misuse and the dilution of procedural safeguards cannot be ignored.

Moving forward, a balanced approach is necessary. Robust enforcement mechanisms are crucial to deter false accusations and ensure the Act is used for its intended purpose. Additionally, promoting awareness and fostering sensitivity within both SC/ST communities and the general public can create a more inclusive environment where respect and equal rights prevail.

Frequently Asked Questions

Q1. What is the purpose of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act?

Ans 1. The Act, established in 1989 and amended in 2018, aims to prevent violence, discrimination, and exploitation against members of India’s disadvantaged communities – the Scheduled Castes (SCs) and Scheduled Tribes (STs). It also establishes Special Courts for swift and fair trials of offences committed against these groups.

Q2. Who are Scheduled Castes (SCs) and Scheduled Tribes (STs)?

Ans 2. SCs, formerly referred to as “untouchables,” have faced social exclusion and oppression for centuries. The Constitution recognises 1,108 SC communities, comprising about 16.6% of India’s population. STs are indigenous communities with distinct cultural identities who have historically faced marginalisation. The Constitution recognises 705 STs, accounting for roughly 8.6% of the population.

Q3. What are the key features of the 2018 Amendment Act?

Ans 3. The Act introduced stricter measures to prevent atrocities against SC/STs. Some key features include:

• Automatic Arrest: Authorities can arrest accused individuals without prior approval, eliminating the need for a preliminary inquiry before filing an FIR.
• Restricted Anticipatory Bail: Bail is only granted in “exceptional circumstances” to prevent misuse.

Q4. What were the legal challenges to the Amendment Act?

Ans 4. The Act faced challenges arguing that it violated fundamental rights:

• Article 14 (Equality before Law): Automatic arrest provisions might lead to misuse.
• Article 19 (Freedom of Speech and Expression): The Act could potentially stifle free speech.
• Article 21 (Protection of Life and Liberty): Bypassing safeguards during arrest could infringe upon personal liberty.

Q5. What was the Supreme Court’s judgment on the Amendment Act?

Ans 5. In a landmark February 2020 judgment, the Supreme Court upheld the Act’s constitutionality, including automatic arrest provisions. However, it emphasised:

• Granting anticipatory bail only in rare circumstances.
• Proper investigation and court scrutiny before quashing FIRs filed under the Act.

Q6. What are the offences covered under the SC/ST Act?

Ans 6. The Act covers various forms of violence, discrimination, and exploitation against SC/STs. Here are some examples:

• Physical assault
• Sexual harassment
• Kidnapping
• Trespass
• Forced manual scavenging
• Public servant neglect of duty

Q7. What are the punishments for atrocities against SC/STs?

Ans 7. Penalties can be severe, ranging from six months to life imprisonment, with or without fines.

Q8. How does the Act address neglect of duty by public servants?

Ans 8. The Act holds public servants accountable for protecting SC/STs. Neglecting duties, failing inspections, or refusing to register complaints are punishable offences.

Q9. What are the concerns regarding the Amendment Act?

Ans 9. Concerns include potential misuse of automatic arrest provisions leading to false accusations and the dilution of procedural safeguards for the accused.

Q10. How can we ensure the fair implementation of the SC/ST Act?

Ans 10. Measures include robust enforcement mechanisms to deter misuse, promoting awareness within both SC/ST communities and the general public, and fostering sensitivity towards these communities.