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CONCEPT – SC/ST PREVENTION OF ATROCITIES ACT
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- The Constitution abolishes untouchability: Article 17 states that “Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.” Protection of Civil Rights Act, 1955 : Despite the Constitution abolishing untouchability and providing protection to the SC/ST communities, crimes against them continued. To prevent this, a new law was brought titled The Untouchability (Offences) Act, 1955 which was later renamed as The Protection of Civil Rights Act, 1955.
- Problem with the 1955 Act: A study by the National Law School, Bengaluru concluded that the legislation was unclear in the goals it wanted to achieve — "whether the Act exists merely to remove specific disabilities symptomatic of untouchability or whether it makes a concerted effort to strike at the root of the problem. If the stated goal is the eradication of untouchability as a social evil... the Act must deal with societal structures that perpetuate oppression. The legislation has to ensure a greater role by the State, not limited to the punishment of individuals.”
- The SC/ST Prevention of Atrocities Act, 1989: Over time, it was found that the PCR Act was not enough and the the gaps were sought to be filled in by the The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. The Act came into force on 30 January, 1990. The aim was to check and deter crimes against people belonging to the SC/ST community by others.
- Special about the 1989 law: This Act extended the positive discrimination in favour of SCs and STs to the field of criminal law in as much as they prescribe penalties that are more stringent than the corresponding offences under Indian Penal Code (IPC) and other laws. 4. Special Courts have been established in major states for speedy trial of cases registered exclusively under this law.
- The Statement of Objects and Reasons of the Atrocities Act: This states that there were increasing number of attacks on Scheduled Castes and Tribes and commission of atrocities like making them eat human excreta were on the rise. Since existing laws like the PCR Act and the IPC were found to be inadequate to curb these grave crimes, the new legislation was enacted.
- Section 3 of the 1989 law: It listed out the various acts that constitute atrocities. The section offers protection and remedies against the following offences : social disabilities (denial of access to places), personal atrocities (forceful drinking or eating of inedible and obnoxious substances), parading people naked, sexual exploitation of women etc., atrocities affecting property (wrongful occupation of land, dispossession from land etc). It also recognises atrocities by malicious prosecution and causing political and economic disability.
- 2013 amendment bill to the Atrocities Act: It said, 'despite the deterrent provisions made in the Act, atrocities continue at a disturbing level. Adequate justice also remains difficult for a majority of the victims and the witnesses, as they face hurdles virtually at every stage of the legal process. The implementation of the Act suffers due to procedural hurdles, procedural delays, delays in trial and low conviction rate. Further, certain forms of atrocities, known to be occurring in recent years, are not covered by the Act.’
- The 2013 amendment: It was brought into effect in 2016 but was still not enough to curb crimes against SCs and STs. The Bombay High Court in 2017 noted that 'there has been a failure on the part of the authorities in complying with the Act. The laudable object with which the Act had been made is defeated by the indifferent attitude of the authorities.
- The 2018 Supreme Court verdict: A bench of the S.C. gave a verdict that was perceived as diluting the already weak implementation of the existing Acts. The verdict meant :
- Courts can grant anticipatory bail if there’s no merit in a complaint (despite the Act’s bar on it),
- Arrests can only be if a senior authority approves it (Appointing authority, or SP of district), and
- There must a Preliminary Enquiry into the arrest.
- The 2018 Amendment to SC/ST Atrocities Act, 1989: The Union government was prodded into action by the threat of a large scale pan-India protest against the perceived dilution of the Act. Amendments to the Act were brought in the August 2018 Monsoon session of the Parliament, to “nullify” the impact of the Supreme Court verdict.
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