The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

 

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—commonly known as the SC/ST Act—is a special criminal law enacted by the Indian Parliament to prevent atrocities and hate crimes against members of Scheduled Castes (SCs) and Scheduled Tribes (STs), and to provide for special courts and relief for victims.

---

🔹 Full Name:

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
(Act No. 33 of 1989)

Came into force: 30 January 1990

---

🔹 Purpose of the Act:

1. Prevent atrocities and crimes committed against SC/ST persons.

2. Provide special protections and legal remedies to victims.

3. Establish Special Courts for speedy trial of such offences.

4. Rehabilitate victims through relief and compensation.

5. Deter social discrimination and promote equality.

---

🔹 Key Features:

1. Definition of Atrocities (Section 3)

The Act defines specific criminal offences as atrocities when committed by a non-SC/ST person against an SC/ST person, such as:

• Forcing someone to eat or drink inedible or obnoxious substances.

• Assault or use of force with intent to dishonour or humiliate.

• Wrongful occupation or dispossession of SC/ST land.

• Sexual assault or outrage of modesty.

• Social or economic boycott.

• Preventing access to public places or water sources.

• Tonsuring the head, removing moustache, garlanding with footwear, etc.

Penalties: These offences carry enhanced punishments—often imprisonment of 6 months to life, and fines.

---

2. Special Courts (Section 14)

• State governments must establish Special Courts (and Exclusive Special Courts, if needed) for speedy trials.

• A Special Public Prosecutor is also appointed for such courts.

---

3. Victim Relief and Rehabilitation (Section 15A, Rule 12 of 1995 Rules)

• Free legal aid and protection for victims and witnesses.

• Monetary compensation depending on the offence (as per Rules, 1995, amended in 2016 and 2023).

• Provision for rehabilitation, relocation, and social support.

---

4. Presumption of Guilt (Section 8A)

In certain circumstances, the court shall presume the accused intended to commit the offence, unless proven otherwise.

---

5. No Anticipatory Bail (Section 18)

• Section 18 bars anticipatory bail (under Section 438 CrPC) for offences under the Act.

• However, this has been the subject of interpretation and modification by courts (notably the Subhash Kashinath Mahajan case and its reversal).

---

6. SC/ST (Prevention of Atrocities) Rules, 1995

• These Rules provide procedures for enforcement, relief amounts, timelines, and state responsibilities.

• Regularly updated to revise compensation and improve victim support.

---

🔹 Important Amendments:

✅ 2015 Amendment:

• Added new offences like social/economic boycott, garlanding with footwear, etc.

• Provided for Exclusive Special Courts and victim-centric provisions.

✅ 2018 Amendment:

• Restored original intent after Supreme Court diluted arrest provisions in Subhash Kashinath Mahajan v. State of Maharashtra (2018).

• Clarified that:

  • No preliminary inquiry is needed before FIR.

  • Approval is not needed for arrest.

  • Anticipatory bail remains barred.

---

🔹 Criticism & Support:

• Support: Necessary for protecting historically oppressed communities and ensuring justice.

• Criticism: Allegations of misuse and false cases have led to debates; however, courts have upheld its validity due to the continuing vulnerability of SC/ST communities.