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The act identifies various kinds of abuse or exploitation these communities face in their everyday lives and provides measures to check such acts. These include the punishment provisions for those found guilty of committing atrocities against SCs or STs. However, after recent amendments by some states, the SC/ST Prevention of atrocities act has received bad press from activists and human rights groups that claim it has been misused to target innocent people. This article explains all you need to know about the SC/ST Prevention of Atrocities Act – recent issues and court rulings.
What Does The SC/ST Prevention Of Atrocities Act Protect?
The SC/ST Prevention of Atrocities Act protects scheduled castes and scheduled tribes from specific forms of exploitation or abuse.
Wrongfully restraining or confining a person or exploiting their labour.
Assault or criminal force, or threat of such force to a person, with intent to outrage or knowing that they are likely to cause fear or alarm or provocation or insult or provocation to cause bodily injury to the person.
Wrongfully depriving a person of their earnings or property knowing that they are likely to cause fear or alarm or provocation or insult or provocation to cause bodily injury to the person.
Wrongfully dispossessing a person of land, movable property or immovable property.
Wrongfully extorting or inducing any person by false pretence, using force, or threatening to give or withhold any money or other valuable thing.
Who Can Be Held Guilty Under The SC/ST Prevention Of Atrocities Act?
Any person who commits any of the offences mentioned earlier against an SC/ST person is liable to be punished under the SC/ST Prevention of Atrocities Act.
The term SC/ST refers to the former “untouchable” and “backward” classes of people at the bottom of the Indian caste system hierarchy.
Under the act, SCs include Dalits, Adivasis or tribes, and Savarnas. STs are people who are “by their unvarying environment, habits and customs, less advanced than the other members of the society”.
Important Provisions of SC/ST Prevention of Atrocities Act And Examples of Atrocities
The penalty for offences committed under the SC/ST Prevention of Atrocities Act and examples of atrocities is rigorous imprisonment for a term of not less than six months, which may extend to five years and shall also be liable to pay a fine.
Wrongfully restraining or confining a person or exploiting their labour.
For example, an example of this offence is to configure a Dalit woman in a village to do manual work without paying her the minimum wages.
Assault or criminal force, or threat of such force to a person, with intent to outrage or knowing that they are likely to cause fear or alarm or provocation or insult or provocation to cause bodily injury to the person.
For example: Assaulting a Dalit man who works as a manual scavenger in a public toilet by kicking or beating him is an example of this offence.
Wrongfully depriving a person of their earnings or property knowing that they are likely to cause fear or alarm or provocation or insult or provocation to cause bodily injury to the person.
For example, A non-Dalit shopkeeper refusing to sell groceries to a Dalit man who works as a labourer is an example of this offence.
Wrongfully dispossessing a person of land, movable property or immovable property.
For example: If a Dalit family is illegally evicted from their land or house, their crop is damaged or destroyed, or their belongings are taken away, this offence is committed.
If the police refuse to register a complaint about any of the above offences, the SC/ST Prevention of Atrocities Act says that the victim has the right to file a complaint before a “competent authority”.
Wrongfully extorting or inducing any person by false pretence, using force, or threatening to give or withhold any money or other valuable thing.
For example, A non-Dalit shop owner pressuring a Dalit man to pay money that he does not have is an example of this offence.
Presumption to the offences:
The act holds that Presumption to the offences is “presumed to have been committed” if certain conditions are met. For example, if an SC/ST person is killed, but the police do not arrest the accused within 90 days, it is considered that the offence was committed under the act.
The act also holds that the burden of proof is on the accused to prove they did not commit the offence.
So, the accused will have to prove that they did not commit the offences. This provision has been used to target Dalits, who are often falsely accused of committing atrocities against non-Dalits.
Conclusion
The SC/ST Prevention of Atrocities Act is a crucial piece of legislation that protects the rights of Scheduled Castes and Scheduled Tribes, who are often at risk of facing abuse. The act identifies various kinds of abuse or exploitation these communities face in their everyday lives and provides measures to check such acts. This article explains all you need to know about the SC/ST Prevention of atrocities act – recent issues and court rulings.
