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

The Scheduled Castes and Tribes Act 1989 is an Act of the Parliament of India enacted to prohibit discrimination, prevent atrocities and hate crimes against scheduled castes and scheduled tribes. The Act is popularly known as the SC Act And ST Act, POA, the Prevention of Atrocities Act, or simply the Atrocities Act.

It was enacted when the provisions of the existing laws (such as the Protection of Civil Rights Act 1955 and Indian Penal Code) were found to be inadequate to check these crimes (defined as 'atrocities' in the Act). Recognising the continuing gross indignities and offences against Scheduled Castes and Tribes, the Indian Parliament passed the 'Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act 1989.

Key features of SC-ST ACT 1989

The key features of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, are:

• Actions to be treated as offences - The Act outlines actions (by non SCs and STs) against SCs or STs to be treated as offences. The Amendment Act amends certain existing categories and adds new categories of actions to be treated as offences. New offences added under the Act include: (a) garlanding with footwear, (b) compelling to dispose or carry human or animal carcasses, or do manual scavenging, (c) abusing SCs or STs by caste name in public, (d) attempting to promote feelings of ill-will against SCs or STs or disrespecting any deceased person held in high esteem, and (e) imposing or threatening a social or economic boycott.
• Assaulting or sexual exploiting an SC or ST woman is an offence under the Act - The Amendment Act adds that: (a) intentionally touching an SC or ST woman in a sexual manner without her consent, or (b) using words, acts or gestures of a sexual nature, or (c) dedicating an SC or ST women as a devadasi to a temple, or any similar practice will also be considered an offence. Consent is defined as a voluntary agreement through verbal or non-verbal communication.
• Preventing SCs or STs from undertaking the following activities will be considered an offence - (a) using common property resources, (c) entering any place of worship that is open to the public, and (d) entering an education or health institution.
• Addition of presumption to the offences – The court shall presume that the accused was aware of the caste or tribal identity of the victim if the accused had personal knowledge of the victim or his family, unless the contrary is proved.
• Role of public servants - The Act specifies that a non SC or ST public servant who neglects his/her duties relating to SCs or STs shall be punishable with imprisonment for a term of six months to one year. The Amendment Act specifies these duties, including: (a) registering a complaint or FIR, (b) reading out information given orally, before taking the signature of the informant and giving a copy of this information to the informant, etc.
• Addition of certain IPC offences like hurt, grievous hurt, intimidation, kidnapping etc., attracting less than ten years of imprisonment, committed against members of Scheduled Caste/Scheduled Tribe, as offences punishable under the PoA Act. Presently, only those offences listed in IPC as attracting punishment of 10 years or more and committed on members of Scheduled Caste/Scheduled Tribe are accepted as offences falling under the PoA Act.
• Establishment of Exclusive Special Courts and specification of Exclusive Special Public Prosecutors also, to exclusively try the offences under the PoA Act to enable speedy and expeditious disposal of cases.
• Rights of victims and witnesses -  The Amendment Act adds a chapter on the rights of victims and witness. It shall be the duty of the state to make arrangements for the protection of victims, their dependants and witnesses. The state government shall specify a scheme to ensure the implementation of rights of victims and witnesses.
• The courts established under the Act may take measures such as: (a) concealing the names of witnesses, (b) taking immediate action in respect of any complaint relating to harassment of a victim, informant or witness, etc. Any such complaint shall be tried separately from the main case and be concluded within two months.

Objectives of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act

The basic objective and purpose of this more comprehensive and more punitive piece of legislation was sharply enunciated when the Bill was introduced in the Lok Sabha:

Despite various measures to improve the socio-economic conditions of the SCs and STs, they remain vulnerable. They have in several brutal incidents, been deprived of their life and property... Because of the awareness created... through spread of education, etc., when they assert their rights and resist practices of untouchability against them or demand statutory minimum wages or refuse to do any bonded and forced labour, the vested interests try to cow them down and terrorise them. When the SCs and STs try to preserve their self-respect or honour of their women, they become irritants for the dominant and the mighty.

Under the circumstances, the existing laws like the Protection of Civil Rights Act 1955 and the normal provisions of the Indian Penal Code have been found to be inadequate to check and deter crimes against them committed by non-SCs and non-STs... It is considered necessary that not only the term 'atrocity' should be defined, but also stringent measures should be introduced to provide for higher punishment for committing such atrocities. It is also proposed to enjoin on the States and Union Territories to take specific preventive and punitive measures to protect SCs and STs from being victimized and, where atrocities are committed, to provide adequate relief and assistance to rehabilitate them.

The objectives of the Act, therefore, very clearly emphasise the intention of the Indian state to deliver justice to SC/ST communities through affirmative action in order to enable them to live in society with dignity and self-esteem and without fear, violence or suppression from the dominant castes.