Rights Issues: SC/ST Rights in India

Since the time our country got independence, people belonging to the Scheduled Castes and Scheduled Tribes have been struggling for their rights. The Constitution of India guarantees them certain rights which are often not given to them in reality. This is primarily because of the rampant discrimination against these communities. In this blog post, we will discuss the Rights Issues: SC/ST Rights in India, and how the Prevention of Atrocities Act helps protect them from abuse and violence.

What are the Rights of SC/ST?

The Scheduled Castes and the Scheduled Tribes are among the most disadvantaged groups in Indian society. They have been subjected to centuries of discrimination and oppression, and continue to face many challenges even today.

One of the main pieces of legislation that protects the rights of SC/ST communities is the Prevention of Atrocities Act, 1989.

Prevention of atrocities act

The Prevention of Atrocities (Scheduled Castes and the Scheduled Tribes) Act, 1989 is an Act of the Parliament of India enacted to protect members of the scheduled castes and tribes from atrocities. The act is also popularly known as the SC/ST Act or POA.

The act was amended in 2013, and the changes were brought into effect on January 14, 2016. The amendments provide for stringent punishments for crimes against members of the scheduled castes and tribes, including a provision for the death penalty in cases of rape or murder.

The amendment also added new offences such as garlanding with footwear, compelling to eat excreta, and sexual harassment. The amendment also provides for the establishment of exclusive special courts to try offences under the act and requires that a charge sheet be filed within two months of an FIR being registered.

The amendments have been criticised by many as they are seen to dilute the provisions of the original act. However, they have been welcomed by some as a necessary step to protect the rights of members of the scheduled castes and tribes.

The act is an important tool for the protection of the rights of members of the scheduled castes and tribes. However, it is only one part of the fight against discrimination and violence against these communities. There is still much work to be done to ensure the safety and security of members of the scheduled castes and tribes.

What is atrocity under the SC-ST act 1989?

The term atrocity is not defined in the SC-ST act 1989 but it has been interpreted by the courts. Atrocity means an act, which is brutal, inhuman or cruel and causes mental or physical agony to the victim. The act must be intentional and it should not be a mere accident. The atrocity can be against an individual or a group of individuals belonging to the SC/ST community.

What is the sc st prevention of atrocities act?

The SC & ST prevention of atrocities act is a law that was enacted in 1989 to prevent atrocities against members of the SC/ST community. The act provides for the protection of SC/ST members from various forms of atrocities such as forced begging, forced labour, sexual harassment, assault, insulting gestures, etc. The SC & ST prevention of atrocities act also provides for the punishment of the perpetrators of such atrocities.

What are the provisions of the prevention of atrocities act?

The prevention of atrocities act has the following main provisions:

– The act provides for the establishment of special courts to try offences under the act.

– The act prohibits the arrest of any person accused of committing an atrocity against a member of the SC/ST community unless written permission is obtained from the senior superintendent of police.

– The act provides for the payment of compensation to the victims or their families.

– The act provides for the setting up of a special investigative team to investigate offences under the act.

– The act also provides for the protection of witnesses and victims.

The act has been successful in preventing atrocities against members of the SC/ST community and punishing the perpetrators of such crimes. However, there is always room for improvement and the government should take steps to further strengthen the act.

Is the Atrocity act bailable?

The Atrocity Act is not bailable and the police have to produce the accused before a magistrate within 24 hours of arrest. If granted bail, the accused may be released on bond or personal recognizance. The Act prescribes imprisonment for up to ten years, and a fine, for those convicted of an atrocity.

What is the punishment for a guilty person?

The punishment for a guilty person under the Atrocity Act can range from simple imprisonment for a period of six months to ten years. The Act also prescribes a fine that may extend up to Rs. 100,000.

Conclusion

The Dalit community in India has a long and difficult history. They have faced centuries of discrimination, violence, and poverty. Despite these challenges, the Dalit community is working to secure their rights. Students can learn about the struggle for Rights Issues: SC/ST Rights in India and how they can help support this important movement.