Act, (hereinafter referred to as the principal Act), in the long title, . member of a Scheduled Caste or a Scheduled Tribe or forces such. The Scheduled Castes and Tribes (Prevention of Atrocities) Act, is an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes. The Act is popularly known as the SC/ST Act, POA, the Prevention of ://dancindonna.info%20Act%20as%20amended- Novpdf. Table SC and ST cases of PCR, and PoA Act, status during administration has circulated the rules and regulation of the two Acts in Hindi.
|Language:||English, Spanish, Arabic|
|ePub File Size:||17.33 MB|
|PDF File Size:||10.73 MB|
|Distribution:||Free* [*Register to download]|
अनुसूचित जाति और अनुसूचित जनजाति (अत्याचार निवारण) अधिनियम, का Bare Act अगर आप को यह FREE. An Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled of Atrocities) Act, 2. Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe - i. forces a. the Scheduled Tribes (Prevention of Atrocities) Act, . (h) makes a member of a Scheduled Caste or a Scheduled Tribe to do ―begar‖ or other forms of.
In this act, punishment has been increased against untouchability and strict punishment has been made against the oppression of Dalits. Crime committed under this Act is non-bailable and ineffective. This Act came into effect from January 30, This act applies to a person who is not a member of Scheduled Castes and Scheduled Tribes and commits crimes against members of this class. B Expansion - to the whole of India except Jammu and Kashmir. C Commencement - In the 40th year of the Indian Republic, the said Act was enacted on 30 January There are three characteristics of this law: It punishes offences committed against persons belonging to Scheduled Castes and Scheduled Tribes.
The state therefore has the duty to help the community back on its feet. In fact, a part of the reason why atrocities are committed is economic activity.
In my experience, I have seen that in some areas, the Scheduled Caste or the Scheduled Tribe person is prosperous. My knowledge is mostly about the Scheduled Caste, not about the Scheduled Tribe.
It is because of the economic activity, because of the enterprise, there are areas where the Scheduled Caste people have also become prosperous.
The Scheduled Caste people are able to build brick and stone houses. The Scheduled Caste people are able to acquire vehicles. The Scheduled Caste people are able to dress better, send their children to better schools. One of the reasons why atrocities take place in those places is to cripple them economically. Every riot, every arson case cripples them economically. Therefore, it is important that the State must immediately rush in social and economic measures for the rehabilitation of those who have suffered through these atrocities.
This is periodically updated Record[ edit ] As 'police' and 'public order' are state subjects, primary responsibility for prevention of atrocities and maintenance of law and order rests with the State Governments.
A responsive police administration has always been recognized as an essential requirement in any society that seeks to take care of its citizens. However, despite the Act and Rules, the situation has not changed much. The incidence of atrocities is actually increasing, and the implementation of the law leaves much to be desired as this statement of the Union Minister for Home Affairs shows: "Madam, I must concede that the statistics do not reflect any decline in the atrocities.
On the contrary, the information compiled by the Crime Records Bureau shows that the number of cases registered of atrocities against the Scheduled Castes and the Scheduled Tribes is, in fact, on the rise.
I have the numbers from to , subsequent years are being compiled. Take for example the case of the Scheduled Castes. The number of cases of atrocities against the Scheduled Castes registered in was 26, That itself is an understatement. Many of the cases are simply not registered.
In , it was 29, and in it was 33, So, this clearly shows the rise in trend. I can make one or two deductions from this. Firstly that there is no let up in the atrocities committed on the Scheduled Castes. The other inference one can make is, perhaps, because of the pressure that is put on the State Governments by the Central Government, by public opinion and by NGOs, now the States are showing greater willingness to deal with the problem.
Therefore, more cases are being registered. Therefore, it is fair to conclude that the feeling amongst the Scheduled Castes and the Schedule Tribes that all these laws and all these statements, all these pronouncements have really not brought any relief to them. That feeling is running high and I cannot but say that feeling is justified.
Nodal Officers have been appointed in 28 States. That Committee has met, so far, 10 times. The situation in 25 States and 4 Union Territories were reviewed. That committee has expressed that the most important areas of concern are the following five: firstly, the high rate of acquittal; secondly, the high rate of pendency of cases and very low rate of disposal; thirdly, inadequate use of the preventive provisions of the Act, while the punitive provisions are invoked and FIR is registered, preventive provisions are rarely invoked; fourthly, that the committees and other mechanisms provided in the Act have virtually not been put to use; and fifthly, the Act itself may not be deterrent, perhaps it is not being as deterrent as we thought it could be.
At trial, four witnesses testified that the defendants had threatened Dalits with a gun to stop them from taking water from a well.
The trial judge convicted all of the defendants. On appeal, the Additional Sessions judge confirmed the conviction of three defendants but acquitted two.
On further appeal to the High Court, the judge acquitted all the defendants after rejecting testimony of the four Dalit witnesses. The Dalits finally got relief from the Supreme Court. Perhaps the most important bias re implementation of this Act is that there is little done to prevent atrocities. Most of the reports are of what is done after an atrocity has been committed.
Few states have preventive measures in place. The 'relief' provided is a pittance and the confidence of the community is seldom rebuilt. For some, the low conviction rates are evidence of misuse of the Act by the SCs and STs to threaten and blackmail other communities. Actual data on such misuse is not available. However, the acquittal rates are abnormally high, as acknowledged by the prime minister and home minister quoted above.
In addition to questioning Section 18 of the Act, which prohibits grant of anticipatory bail for offences committed under the Act, the court laid down guidelines, substantially diluting the provisions of the Act. Further, written permission of the appointing authority for all public officials and of the District Superintendent of Police for other persons is required before a complaint is registered.
While the legal text is explicit in seeking remedies, the implementation of the text appears to evade actual performance. Laws and legal processes are not self-executing; they depend on the administrative structure and the judiciary with the anticipation that the social attitudes are driven by notions of equity, social justice and fair play.
The problem is that the victims of atrocities suffer not only bodily and mental pain but also feelings of insecurity and social avoidance which is not present for the victims of other crimes.
If the judge delegated to protect them shows indifference, it further aggravates their already vulnerable position. Ram Krishna Balothia v. The Act contains affirmative measures to weed out the root cause of atrocities, which has denied SCs and STs basic civil rights.
There is mention of rehabilitation under Section 21 2 iii , but there are no provision addressing the same. As it has been stated earlier that victims of atrocities are on a different level when compared to victims of other crimes, hence there should be special provision for the same.
According to the report submitted by the National Commission for Review and Working of the Constitution,  victims of atrocities and their families should be provided with full financial and any other support to make them economically self-reliant without their having to seek wage employment from their very oppressors or classes of oppressors. While the legal text is explicit in seeking remedies, the implementation of the text appears to evade actual performance.
Laws and legal processes are not self-executing; they depend on the administrative structure and the judiciary with the anticipation that the social attitudes are driven by notions of equity, social justice and fair play. The problem is that the victims of atrocities suffer not only bodily and mental pain but also feelings of insecurity and social avoidance which is not present for the victims of other crimes.
If the judge delegated to protect them shows indifference, it further aggravates their already vulnerable position. Ram Krishna Balothia v. The Act contains affirmative measures to weed out the root cause of atrocities, which has denied SCs and STs basic civil rights. There is mention of rehabilitation under Section 21 2 iii , but there are no provision addressing the same. As it has been stated earlier that victims of atrocities are on a different level when compared to victims of other crimes, hence there should be special provision for the same.
According to the report submitted by the National Commission for Review and Working of the Constitution,  victims of atrocities and their families should be provided with full financial and any other support to make them economically self-reliant without their having to seek wage employment from their very oppressors or classes of oppressors.
Also it would be the duty of the state to immediately take over the educational needs of the children of such victims and provide for the cost of their food and maintenance. According to the agricultural census a large number of SCs and STs are marginal farmers compared to the other sections of the society and because of this the number of cultivators are going down.
In other words, the landlessness is increasing at a faster rate among SCs and STs. At the same time, the number of SC and ST workers as agricultural labourer is increasing at a faster rate when compared to other sections of the society.
This basically implies that after losing their land holdings, SC and ST cultivators are becoming agriculture labourers. Loss of land, on the one hand, is caused by atrocities making them more vulnerable.
This in turn fuels and promotes continuance of atrocities and untouchability. Marginalisation is one of the worst forms of oppression. Moreover, this leads to the state of powerlessness which perhaps is best described negatively; the powerless lack authority, status and a sense of self. Protect from deprivation. Aid the deprived. One possible reason could be that the State has to work through its officials who are drawn from the same oppressive social strata.
Though the Act does mention that officers and other staff appointed in an area prone to atrocity shall have the right aptitude and understanding of the problems of the SCs and STs Rule 13 1 in practice, these officials often collude with their caste brethren and even file counter-cases against the victims or their family members. They have to go back to the same perpetrator caste for their livelihood or daily wage labour. Hence, it is necessary to make the SCs and STs self-dependent.
However, even after 16 years of its existence in the statute book, it has not shown its desired effect.
The majority of the beneficiaries of this Act are unaware of the legitimate claims of leading a dignified way of life or are unwilling to enforce it intensively. Even the Police, prosecutors and judicial officers are unaware of this Act as was pointed out by Calcutta High Court in the case of M.
Prasannan v. State of West Bengal.
Such an interpretation prevents the speedy trial envisaged under the Act. The absence of adequate special courts has resulted in slow disposal of atrocity cases and a huge backlog.
Migration[ edit ] Under constitutional provisions, a caste or tribe is notified with reference to a State or Union territory. Legal aid[ edit ] Legal aid is available for all victims regardless of financial status.
For all others legal aid depends on the financial status. Civil society response[ edit ] Monitoring implementation[ edit ] Comprehensive tools have been developed to monitor the implementation of the Act for each case , and at the district and state levels.
Many civil society organisations CSOs started using this Act to provide some relief to the victims almost immediately. One of the first to monitor the implementation of this Act was Sakshi in Andhra Pradesh. However, that was restricted to monitoring up to the judicial process—up to the filing of the First Information Report FIR in the police station.
The full monitoring of the Act by CSOs is a later phenomenon  and has not matured in that civil society reports on implementation of the Act shadow reports to the ones mandated by the Act section 21 4 are yet to be done. Annual reports by Citizen's monitoring committees have been done in Karnataka for English , English and Kannada and a combined report for and in English and Kannada with monitoring tools auditing the performance of the State, including the bureaucracy, judicial system, police and monitoring mechanisms DVMCs and SVMC.
However, atrocities in the state still continue to rise, and convictions remain low. This coalition took stock of the implementation of the Act in a "report card",  analysed the lacunae and suggested a set of amendments for improving the implementation.
State specific "fact sheets" were also made available for Madhya Pradesh  and Bihar. State reports are available on the status of implementation during English , English and Kannada and a combined report for and in English and Kannada with monitoring tools. Also available in Kannada is the monitoring calendar. Since it was an ordinance, and was not ratified by the next parliament within six 6 months it lapsed. It was then referred back to the cabinet. The key features of the ordinance are Addition of following new category of offences to the existing 19 punishable offences.
In addition to the 19 offences listed in the Act, following new offences proposed. A number of commonly committed offences hurt, grievous hurt, intimidation, kidnapping etc. This provides loopholes for the perpetrators of crime to escape from being punished for these commonly committed crimes.
Therefore, a Schedule of list of IPC offences is provided in the amended act. Presently, Special Courts and Public Prosecutors also deal with other cases besides atrocity cases. Consequently, cases are kept pending for long time. Thus victims are denied justice or speedy justice. Establishment of an Exclusive Special Court for one or more districts and Exclusive Public Prosecutor is proposed; Power of Exclusive Courts to take cognizance of offence and completion of trial in 2 months.
By the end of the every quarter, the nodal officer shall review,- i the reports received by the State Government under sub-rules 2 and 4 of rule 4, rule 6, Cl. Appointment of a Special Officer. The Special Officer shall be responsible for: i providing immediate relief and other facilities to the victims of atrocity and initiate necessary measures to prevent or avoid re-occurrence of atrocity; ii setting up an awareness center and organizing workshop in the identified area or at the District headquarters to educate the persons belonging to the Scheduled Castes and the Scheduled Tribes about their rights and the protection available to them under the provisions of various Central and State enactments or rules and schemes, etc.
Travelling allowances, daily allowance, maintenance expenses and transport facilities to the victim atrocity, his or her dependent and witnesses.
The attendant shall also be paid travelling and maintenance expenses as applicable to the witness or the victim of atrocity when called upon during hearing, investigation and trial of an offence under the Act. Measures to be taken by the District Administration. Such immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items necessary for human beings.