The SC-ST Act 1989: An overview

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Abstract:

On 11 September 1989, legislation was made by the Indian Government to protect the most ancient communities of our nation from the atrocities of upper communities. This legislation makes a huge change in our society towards marginalized communities. After the commencement of this act the atrocities that affected the marginalized communities significantly lost their numericals and effects. Even though the root cause of these atrocities is still alive, the implementation of this legislation will reduce it to zero. This article aims to examine this important legislation of India with its historical background, objectives, critical analysis along with the landmark judgments that strengthened the legislation as rock solid. After this article, we can get clarity of the whole Scheduled Castes and Scheduled Tribes (Prevention and Atrocities) Act 1989 as the Greatest Legislation of India towards the Protection of Most Ancient Communities of India.

Keywords:  Scheduled Castes, Scheduled Tribes, Arrogance, Social Justice, Equality

Introduction:

India has many various communities to secure and govern our nation as a country that found unity in diversity. Later, some of the communities that meet disparities in education, medical care and basic facilities are necessary for a normal life. These disparities grow day by day and become the biggest social inequality problem for centuries. Also, of these disparities, the atrocities of upper communities upon the marginalized communities became a rigorous and daily event in the middle of the 20th century. The concern about these disparities and Atrocities was growing despite the existence of the Protection of Civil Rights Act of 1955 and the Indian Penal Code. The Indian Government enforced The Scheduled Castes and Scheduled Tribes (Prevention and Atrocities) Act to fulfill the need for new legislation for the protection of most ancient communities of India.

Name of Act.    : The Scheduled Castes and Scheduled Tribes (Prevention and Atrocities) Act

Date of enforcement        : 11 September 1989

Date of Commencement  : 30 January 1990

No. Of Sections               : 33

No. Of Schedules             : 3

Objectives of Legislation:

• Protects SC/ST individuals from the atrocities
• Provide awareness and education for the development of SC/ST Communities
• Safeguards the victims of atrocities crimes
• Impose strict punishment upon the crimes against SC/St
• Provide Rehabilitation for the affected individuals
• Speedy justice for the crimes under the SC/ST Act.
• Ensure free and equal life for marginalized communities.
• Shift the accountability of government officials.
• Align with Constitutional Goals for better implementation
• Prohibits untouchability practices in any form.

Definitions under the Act:

Section 2 and its sub-sections provide definitions of certain words which are used in this act repeatedly. These definitions help to a clear understanding of the act and its objectives.

(a): A punishable offence under Section 3 is “Atrocity”.

(b): “Code” means CrPC.

(c): Scheduled Castes and Scheduled Tribes meanings assigned with Article 366 (24) and 366 (25) of the Indian Constitution.

(d): A special court established under section 14 (1) is an “Exclusive Special Court”.

(da): A public prosecutor appointed under section 15 is an “Exclusive Special Prosecutor”.

(e): A Court of Session specified in section 14 is a “Special Court”.

(ea): A public prosecutor appointed under section 15 (1) is a “Special Public Prosecutor”.

(f): A person who affects mentally, physically, psychologically, momentarily, emotionally or gets harm to property due to an offense under this act is a “victim”.

(g): A person whose statement is recorded as evidence by the investigation officer is a “Witness”.

Offences and Punishments:

In this section, we are going to understand how this legislation protects SC/ST Act and imposes penalties and punishments to prohibit the atrocities. Section 3 to Section 7 of the act describes the punishable offenses and their punishments under this act. We can see each other briefly.

Section 3:

Lists the specific offences against SC/ST individuals and their punishments.

• Forcing SC/ST individuals to consume offensive substances.
• Denying democratic rights.
• Prohibits the accessibility of public facilities
• Causing injuries, and assault to their dignity
• Committing sexual assault against SC/ST women.
• Forcing them to be bonded labourers and manual scavenging
• Wrongful occupying their properties

Punishment:  Minimum 1-year imprisonment up to life imprisonment

Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989 is a crucial provision that outlines specific offenses and corresponding punishments for atrocities committed against members of Scheduled Castes and Scheduled Tribes in India. This section aims to protect these vulnerable communities from various forms of discrimination, exploitation, and violence that they have historically faced.

Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989 plays a vital role in addressing the historical and ongoing discrimination faced by Scheduled Castes and Scheduled Tribes in India. By clearly defining various forms of atrocities and prescribing appropriate punishments, this section aims to deter such offenses and provide justice to victims.

Sub-section (1)
Sub-section (1) of Section 3 lists numerous offenses that constitute atrocities when committed against SC/ST members. These offenses include:

(a) Forcing Consumption of Inedible or Obnoxious Substances
Whoever forces a member of an SC/ST to drink or eat any inedible or obnoxious substance shall be punished. This includes putting such substances into the mouth of an SC/ST member against their will .

(b) Dumping Obnoxious Substances
Acts involving dumping excreta, sewage, carcasses, or other obnoxious substances in or near the premises of an SC/ST member with intent to cause injury, insult, or annoyance are criminalized .

(c) Derogatory Acts
Forcibly removing clothes from an SC/ST member, parading them naked or with painted face/body, or committing similar acts that are derogatory to human dignity are considered atrocities .

(d) Wrongful Occupation or Dispossession of Land
Wrongfully occupying, cultivating, or dispossessing an SC/ST member of their land, or interfering with their rights over land, premises, or water resources constitutes an offense .

(e) Forced Labor
Compelling or enticing an SC/ST member to perform begar (unpaid labor) or other forms of forced or bonded labor is prohibited, except for compulsory service for public purposes imposed by the government .

(f) Interference with Voting Rights
Forcing or intimidating an SC/ST member not to vote, to vote for a particular candidate, or to vote in a manner other than provided by law is an offense .

(g) False Legal Proceedings
Instituting false, malicious, or vexatious legal proceedings against an SC/ST member, or giving false/frivolous information to public servants that causes injury or annoyance to an SC/ST member, is criminalized .

(h) Public Insult or Intimidation
Intentionally insulting or intimidating an SC/ST member with intent to humiliate them in any place within public view is an offense .

(i) Sexual Assault
Assaulting or using force on SC/ST women with intent to dishonor or outrage their modesty, or exploiting them sexually by dominating their will, is strictly prohibited .

(j) Water Source Contamination
Corrupting or fouling the water of springs, reservoirs, or other sources ordinarily used by SC/ST communities is an offense .

(k) Denial of Access to Public Places
Denying SC/ST members their customary right of passage to public places or obstructing their access to such places constitutes an atrocity .

(l) Forced Eviction
Forcing SC/ST members to leave their houses, villages, or other places of residence is criminalized .

Sub-section (2)
Sub-section (2) addresses more serious offenses related to false evidence and property damage:

(i) False Evidence Leading to Capital Punishment
Giving or fabricating false evidence intending to cause an SC/ST member to be convicted of a capital offense is punishable with life imprisonment and a fine. If an innocent SC/ST member is executed due to such false evidence, the perpetrator may be sentenced to death .

(ii) False Evidence for Serious Offenses
Providing false evidence to cause an SC/ST member to be convicted of a non-capital offense punishable with imprisonment of seven years or more is punishable with imprisonment ranging from six months to seven years and a fine .

(iii) Mischief by Fire or Explosive Substances
Committing mischief by fire or explosive substances to damage property belonging to SC/ST members is punishable with imprisonment from six months to seven years and a fine .

(iv) Destruction of Places of Worship or Dwelling
Using fire or explosive substances to destroy buildings used as places of worship, dwelling, or property custody by SC/ST members is punishable with life imprisonment and a fine .

Sub-section (3)
Sub-section (3) states that the provisions of the Code of Criminal Procedure shall apply to the exercise of powers by officers under this section, to the extent possible .

Punishments
The punishments for offenses under Section 3 typically range from imprisonment of six months to five years, and may include fines. For more serious offenses under sub-section (2), punishments can extend to life imprisonment or even the death penalty in cases where false evidence leads to the execution of an innocent SC/ST member .

Amendments
The section has been amended over the years to strengthen protections for SC/ST communities. The 2015 amendment recognized more instances of atrocities as crimes and added several new offenses to Section 3. The 2018 amendment further enhanced the Act’s provisions, including specifying that all offenses listed in the Act are cognizable, allowing police to arrest offenders without a warrant .

The Supreme Court of India upheld that the issues of technicalities won’t be a reason for the acquittals under the SC/ST Act. The court emphasized that the lack of technicalities should not overshadow the effectiveness of the Act^[1].

Section 4:

The negligence of public servants towards actions under the SC/ST Act. Includes,

• Failure to record the FIR
• Ignorance of complaints under the act.
• Not providing remedy or rehabilitation
• Intentionally delaying the investigation process

Punishment: 6 months to 1 year imprisonment.

The court directed that the improper investigation conducted by the Inspector of police was a crime under section 4 of the SC/ST Act. The investigation should be conducted by the police who are in the rank of Deputy Superintendent of Police. The state is also liable for this improperness^[2].

Section 5:

A person who is convicted two or more times under this act should get enhanced punishment.

Punishment: The punishment will be enhanced by a 1-year improvement to life imprisonment.          The Supreme Court of India upheld the constitutional validity of Section 5. The Court emphasized the enhanced punishment to the repeat offenders under this act deter the atrocities upon the SC/ST individuals^[3].

Section 6:

If any offense is punishable under both the SC/ST Act and the Indian Penal Code shall be punished with higher punishment.

The Rajasthan High Court ruled that the offenses regarding SC/ST individuals should be processed with its specific act for speedy justice. We can also punish the offences under the Indian Penal however the effectiveness of This Act should not be diluted by applying only the IPC Sections^[4].

Section 7:

A person who is convicted under Section 3, their properties shall be forfeited or attached by the State. This section ensures the convicts won’t get any benefits from their actions.

The Madras High Court ruled that the forfeiture under section 7 is a significant deterrent against the atrocities on SC/ST individuals’s properties. The court ruled that enforcement of this section would strengthen the punishment and prevent crimes against SC/ST individuals^[5].

Procedures for Special Courts:

Speedy justice in the matter of atrocities upon the SC/ST individuals is one of the primary objectives of this legislation. This act provides procedures for the special court which is conducted for the atrocity matters for the fastest remedial measures. From Section 8 to Section 15 specified the procedures and powers of the Special Court under this act.

Section 8:

A person who is suspected under this act, shall be assumed as a convict by the court. The burden of proof is upon the suspected person.

Section 9:

The Executive Magistrates who are authorized by the State Government to exercise the special powers under this act are responsible for the prevention of atrocities towards caste violence.

Section 10:

If a District Magistrate or Sub-divisional Magistrate gets information that a person commits an offense under this act, they can order to leave the specific area for some days or to prohibit them from entering the specific area. This will help to prevent the violence before it happens.

Section 11:

A person who does not comply with Section 10 can be arrested or removed by force or punished with imprisonment up to 1 year imprisonment.

Section 12:

The Central and State Government must take sufficient actions to establish Special Courts to deal with the crimes against SC and ST individuals for speedy justice and rehabilitation.

Section 13:

The State Government should designate a session court as Special Courts in every district through issuing notice on official gazette. To ensure speedy trials and quick remedies for the cases under this act.

Section 14:

The Exclusive Special Courts which are created by the State Government should dispose of the cases within 3 months from the filing of the charge sheet. These courts will ensure the fast disposal of cases.

Section 15:

The State Government should appoint a Special Public Prosecutor in cases related to this act. The Special Prosecutor should ensure the proceedings are conducted impartially. The Special Prosecutor must be well-versed in criminal law.

Protection of Victims and Witnesses:

The Scheduled Castes and Scheduled Tribes (Prevention and Atrocities) Act is not only to prevent the atrocities against SC and ST individuals. But also, protects victims and witnesses of the atrocities. From Section 15 A to Section 18 it provides clear guidance for the protection of victims and witnesses.

Section 15 A: Provides protection for the victim, victim’s family and witnesses against any form of harassment, harm, or intimidation during the trial or in the investigation. Also, provides a few important rights to the victims.

1. Section 15 A (5): The victims must be informed of all legal proceedings about the case. The Supreme Court of India ruled that the chance to oppose the bail should be given to the victims to ensure transparency and strengthen the protection of victims^[6].
2. Section 15 A (6): The victims and their dependents have the right to participate in all legal proceedings including bail. The Supreme Court of India upheld the prohibition of anticipatory bail under this act. Exceptional cases that have weak prima facie can be granted anticipatory bail with the consideration of victims^[7].
3. Section 15 A (7): The victims must be protected by the state police and local authorities such as police escorts, and surveillance. The Supreme Court ruled that the protection must be proactively before the violence happened. The Police authority must be accountable for failing to protect victims^[8].
4. Section 15 A (9): The victims must be provided house protection.
5. Section 15 A (10): The victims can get free legal aid through Government Appointed Advocates.

Section 16: The State can impose collective fines when a whole community is involved in the atrocities. The Supreme Court ruled that collective fines can be imposed when there is solid evidence for the collective involvement in the crime^[9].

Section 17: The District Magistrates and Police Officials must identify the high-risk areas. They can impose restrictions on that particular area

Section 18: The Anticipatory bail is not applicable for the cases under this act. The amendment of 2018 completely prohibits the procedures of anticipatory bail in atrocities matters.

Role of Central and State Government:

Nothing is possible without the compliance between Central and State Governments. Even though the Act has mentioned the monitoring role of Central and State Governments in the following sections:

• Section 20: The State Government has the power to make rules to enrich this act within its jurisdiction.
• Section 21 (1): The Central and State Governments should review this Act’s implementation.
• Section 21 (2): The NCSC and NCST should monitor this act.
• Section 21(3): The annual report on this act must be submitted before the parliament.
• Section 21 (4): The special measures should be taken to implement this act.
• Section 22: No government officials shall be punished for the actions done in good faith under this act
• Section 23 (1): The Central Government shall make rules regarding this legislation.
• Sections 23 (2): These rules must be passed before the parliament.
• Sections 24: If any law violates or contradicts this act will be repealed.
• Sections 25 to 33 are not the main structure of the act. It was modified by several amendments to the act. So, we can skip them.

Conclusion:

The Act of SC/ST is a great step to ensure equality and uplift the dark lives of most ancient communities of our nation. The role of the judiciary is notable in this manner as a Protector of Fundamental Rights. If the judiciary and executive work together on this matter, there will be a bright future for those who have never seen the light in their lives. Even though the enactment of this act is not sufficient to stop the atrocities on SC ST Communities. The way to stop these unfair practices is to EDUCATE OUR CHILDREN TO TREAT ALL OF US EQUALLY.

Reference:

1. https://www.indiacode.nic.in/bitstream/123456789/15338/1/scheduled_castes_and_the_scheduled_tribes.pdf (24/01/2025)
2. https://www.indiacode.nic.in/bitstream/123456789/15338/1/scheduled_castes_and_the_scheduled_tribes.pdf (24/01/2025)

^[1] Kailas & Ors. vs. State of Maharashtra (2011) 1 SCC 793

^[2] M.P. Mariappan v. The Deputy Inspector General of Police, Coimbatore Range & Ors, MANU/TN/0657/2014

^[3] State of M.P. vs. Ram Krishna Balothia, AIR 1995 SC 1198

^[4] Bajranglal Sharma vs. State of Rajasthan, 2017 SCC OnLine Raj 1479

^[5] State of Tamil Nadu vs. M. Jayapal, 2020 SCC OnLine Mad 2557

^[6] Hariram Bhambhi vs. Satyanarayan & Anr. (2021) SCC OnLine SC 1010

^[7] Prathvi Raj Chauhan vs. Union of India (2020) 4 SCC 727

^[8] State of Maharashtra vs. Sarva Shri Dhangade (2005) SCC 1080

^[9] Balbir Singh vs. State of Haryana (2000) 5 SCC 82