Scheduled Caste & Scheduled Tribe

The Scheduled Castes (SCs) and Scheduled Tribes (STs) are official designations given to various groups of historically disadvantaged indigenous people in India. The terms are recognized in the Constitution of India and the various groups are designated in one or other of the categories. During the period of British rule in the Indian subcontinent, they were known as the Depressed Classes. The percentage of people in a scheduled caste is essentially the percentage of people in the lower part of Indian society.

In modern literature, the Scheduled Castes are sometimes referred to as adi dravida or Dalits. Scheduled Tribes is used as an official term for Adivasis.

The Scheduled Castes and Scheduled Tribes comprise about 16.6 percent and 8.6 percent, respectively, of India's population (according to the 2011 census). The Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 29 states in its First Schedule, and the Constitution (Scheduled Tribes) Order, 1950 lists 744 tribes across 22 states in its First Schedule.

Since independence, the Scheduled Castes and Scheduled Tribes were given Reservation status, guaranteeing political representation. The Constitution lays down the general principles of affirmative action for SCs and STs.

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

The Scheduled Castes (SCs) and the Scheduled Tribes (STs) Prevention of Atrocities (PoA) Act, 1989 was amendedrecently to include new offences and to ensure speedy justice to victims. The amendments to the Act were originally issued as an ordinance by the previous UPA government in March 2014. The NDA government has now got the amendments passed in both the houses of Parliament. Subsequent to the amendments, certain changes became necessary to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. The said rules are now modified and were notified on 14th April, 2016.

Major amendments to the rules

Crimes against the SCs and STs have been on the rise. A total of 39408 crimes against SCs were reported in the year 2013 while the number of crimes against SCs has gone up to 47064 in 2014.

APPENDIX B: The Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989

No. 33 of 1989

[11th September, 1989]

An Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Fortieth Year of the Republic of India as follows:-

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement-

(1) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions-

(1) In this Act, unless the context otherwise requires,-

(a) “atrocity” means an offence punishable under Section 3;

(b) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974);

(c) "Scheduled Castes and Scheduled Tribes" shall have the meanings assigned to them respectively under clause (24) and clause (25) of Article 366 of the Constitution;

(d) "Special Court" means a Court of Session specified as a Special Court in section 14;

(e) "Special Public Prosecutor" means a Public Prosecutor specified as a Special Public Prosecutor or an advocate referred to in section 15;

(f) words and expressions used but not defined in this Act and defined in the Code or the Indian Penal Code (45 of 1860) shall have the meanings assigned to them respectively in the Code, or as the case may be, in the Indian Penal Code.

(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is, not in force, be construed as a reference to the corresponding law, if any, in force in that area.

The statement of objects and reasons appended to the Bill while moving the same in the Parliament, reads

“despite various measures to improve the socioeconomic conditions of SCs & STs, they remain vulnerable. They are denied a number of civil rights; they are subjected to various offences, indignities, humiliations and harassment. They have, in several brutal incidents, been deprived of their life and property. Serious atrocities are committed against them for various historical, social and economic reasons.”

The preamble of the Act also states that the Act is

“to prevent the commission of offences of atrocities against the members of Scheduled Castes and Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offenses and for matters connected therewith or incidental thereto.”

The following major changes have been made now via the amendment: 

o   Rationalization of the phasing of relief amount payment to victims for various offences of atrocities. The rules also specify relief amount for various offences of atrocities.

o   Not linking payment of any part of relief amount with the requirement of medical examination for non-invasive kind of offences against women like sexual harassment, gestures or acts intended to insult the modesty, to disrobe, voyeurism, stalking etc.

o   Provision of relief for offences of rape and gang rape.

o   Increase in the existing quantum of relief amount depending upon the nature of the offence, while linking it with the Consumer Price Index for Industrial Workers

New Offences of Atrocities

The following new offences have been added to the list of atrocities:

o   Tonsuring of head, moustache, or similar acts which are derogatory to the dignity of members of SCs & STs

o   Garlanding with Chappals

o   Denying access to irrigation facilities or forest rights

o   Dispose or carry human or animal carcasses, or to dig graves, using or permitting manual scavenging

o   Dedicating a SC/ST woman as Devadasi

o   Abusing in caste name, perpetrating witchcraft atrocities

o   Imposing social or economic boycott

o   Preventing SC/ST candidates from filing of nomination to contest elections

o   Hurting a SC/ST woman by removing her garments

o   Forcing a member of SC/ST to leave house , village or residence

o   Defiling objects sacred to members SCs/STs

o   Touching or using words, acts or gestures of a sexual nature against members of SCs/STs

Major amendments to the rules:

Crimes against the SCs and STs have been on the rise. A total of 39408 crimes against SCs were reported in the year 2013 while the number of crimes against SCs has gone up to 47064 in 2014.

There has been a demand to amend the existing PoA act to include more offences and to ensure relief & speedy justice to the victims.

Exclusive Special Courts for Speedy Justice:

The amendments to the act also mandate establishment of exclusive Special Courts and appointment of Exclusive Special Public Prosecutors to try the offences under this act. This is made to enable speedy justice and expeditious disposal of cases.

The Special Courts have been authorized to take direct cognizance of offence and as far as possible, completion of trial of the case within two months, from the date of filing of the charge sheet.

The State Governments have been asked to prepare a panel of senior advocates who have been in practice for not less than seven years for each District, for conducting the cases filed under this Act.

Enhancement of relief amount:

The norms for relief amount have also been rationalized including enhancement of the relief amount for certain offences.  Relief amount in case of certain offences are

o   Rs.85,000 to the victim in case of offences like Prevention from voting, filing nomination, Forcing, intimidating or obstructing a holder of office of Panchayat or Municipality from performing duties etc.

o   Rs.5,00,000 to the victim in case of rape and Rs.8,25,000 in case of gang rape

o   Rs.8,25,000 in case of murder

o   Rs.1,00,000 in case of imposition or threatening a social or economic boycott

o   Rs.1,00,000 in case of preventing a SC/ST entering any place of worship which is open to the public etc

A new chapter on the ‘Rights of Victims and Witnesses’ has also been added to the act. The term ‘willful negligence’ of public servants at all levels, starting from the registration of complaint, and covering aspects of dereliction of duty under this Act has been clearly defined.

Presumption to the offences has been added to the act, i.e., If the accused was acquainted with the victim or his family, the court will presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise.