In this article, Himanshi Khurana of Rayat Bahra Law College Chandigarh discusses, Offences under the Scheduled Caste And Tribe (Prevention of Atrocities) Act, 1989.

Introduction

Being in a country like India where Indian Constitution is above all, where all the citizens are treated equally can anyone imagine that discrimination is practised among the people?

The answer to this imagination is yes! The Scheduled Castes and Scheduled Tribes which are the officially designated group of historically disadvantaged people in India have existed since the 1850s. These communities were considered as the most depressed classes. In early 20th century, various reforms were introduced by Britishers like Morley Minto reform, reforms by Simon commissions in order to increase their position in society. In 1935 Indian Government has introduced “Government of India Act, 1935” under which reservations for the depressed classes were made for the very first time.

Post Indian Independence also provisions were made acts were introduced for the sake of development of such depressed groups.

Constitutional Provision

In order to stop this discrimination or offences that are going on against the people of scheduled caste or tribe the Constitution of India provides with various articles such as;

• Article 17 of the Constitution which provides for the abolishment of Untouchability.
• Article 46 of the Indian Constitution makes it a provision for the state to take special care of the educational and economic interests of the weaker section of society specially scheduled castes and scheduled tribes and protect them from all forms of social injustice.
• Article 330 and 332 of the Constitution provides for the reservation of seats for the Schedule Castes and Schedule Tribes in the House of People and in the Legislative Assemblies and state.
• Article 14 to Article 18 of the Indian Constitution deals with the fundamental right to Equality and Equality means equality before law, prohibition of discrimination on the basis of caste religion, gender etc. and provides for equal opportunities to all.

The Scheduled Caste And Tribe (Prevention of Atrocities) Act, 1989

Only constitutional provisions are not sufficient for the upliftment of the members of backward classes need is to specify certain offences with its strict punishments and implementing authorities.So for this a separate act called “The Scheduled caste and tribe (Prevention of Atrocities) Act, 1989 was introduced.

Under this act the term ‘atrocities’ has been used as any act of inhumane nature against the members of scheduled caste and scheduled tribes these acts also includes the crimes that are mentioned under Indian Penal Code.

This act specifically deals with certain offences of atrocities against scheduled caste and tribes commission of which is punishable.

Offences Under The Scheduled Caste And Tribe (Prevention of Atrocities) Act. 1989

Offences of atrocities under the Act are listed below:

Whoever, not being a member of Scheduled castes or scheduled tribes:

1. Forces any person who is scheduled caste and scheduled tribe to eat or to drink any inedible or awful substance.
2. Commits the act of dumping excreta, waste matters, carcasses or any other bad substance in the premises or neighbourhood of any member of Scheduled caste and tribe with intention to cause injury, insult or annoyance.
3. Commits any act against any member of Scheduled caste and Schedule tribe which is derogatory to human dignity like the act of forcibly removing clothes or parades him naked or with painted body or face
4. Wrongfully takes over or cultivates the land which is owned by or allotted to or notified by any competent authority to be allotted to any member of Scheduled castes and tribes
5. Wrongfully dispossesses or interferes with the enjoyment of any right over the land which is specially given to the members of scheduled castes and tribes.
6. Compels any member of Scheduled castes and tribes to do a form of “beggar” or bonded labor or any other forced labour
7. Forces or intimidates any member of Scheduled castes or tribes to caste a vote in favor of some particular person or stop them to caste the vote or to vote in a manner other than provided by law.
8. Institutes false or malicious suit or any other criminal proceedings against any member of Scheduled caste and tribes.
9. Gives any wrongful information or malicious information to any public servant which makes that public servant to use its official power against any member of scheduled caste and tribes.
10. Intentionally insults any member of scheduled caste or tribe to humiliate him/her in public
11. Assaults or uses any force against any women member of scheduled caste or tribe in order to outrage her modesty
12. Any person being in a position to dominate the scheduled castes or tribe uses that position to sexually use women which otherwise she would not allow.
13. Corrupts or fouls the water of any source which is used by the member of scheduled caste or tribe and makes it unfit for their consumption.
14. Denies or creates obstruction in the use of any customary passage of place which is of public resort to the member of scheduled caste or tribe
15. Forces a scheduled caste or tribe to leave his house or village or any other place of his residence shall be punishable with an imprisonment which shall not be less than 6 months but not more than 5 years and with fine.

Whoever not being a scheduled caste or scheduled tribe

1. Gives false or fabricated evidence with the intention of convicting any member of scheduled caste or tribe with any offence which is capital by law for the time being in force shall be punished with the imprisonment for life and fine. If because this false evidence any innocent member of scheduled caste or tribe be convicted, then the person who has given that evidence shall be punished with death.
2. Gives false or fabricated evidence with the intention of convicting any member of scheduled caste and tribe with any offence which is not capital but punished with the imprisonment of 7 years or upwards, shall be punished with the imprisonment which shall not be less than 6 months but may increase to 7 years or upwards and with fine.
3. Commits mischief by fire or by any other explosive substance in order to cause damage to the property belonging to any member of scheduled caste and tribe shall be punished with the imprisonment minimum of 6months but can expand to 7 years or more with fine.
4. Commits mischief by fire or by any other explosive substance to any place or building which is ordinarily the place of worship or a place of human dwelling and such place or property is under the custody of the member of any scheduled caste and tribe shall be punished with the imprisonment for life and fine.
5. Commits any offence under IPC which is punished with the imprisonment of 10years or more against any person or property because that person is the member of scheduled caste or tribe or that property belongs to the member of scheduled caste or tribe shall be punished with the imprisonment of life and fine.
6. Being a public servant commits any offence under this section shall be punished with the imprisonment which shall not be less than 1 year but which may extend to the punishment mentioned for that offence.

Amendments to the Act

The act was introduced with the basic objective of delivering justice to the Scheduled caste and tribes and enable them to live in the society with full dignity, security and without any fear of violence or suppression.

But the need was felt by the Central government to amend the act and to introduce certain more offences with speedy justice process to the members of Scheduled caste or tribes further to have more stringent provisions for prevention of Atrocities. this amendment had come into force from 26 January 2016.

List of the new offences

1. Shaving or cleaning of head or moustache or doing any other act which derogate the dignity of any member of Scheduled caste or tribe.
2. Garlanding with chappals
3. Not giving the access of irrigation facility or forest right.
4. Committing any scheduled caste or tribe women to devadasi
5. Abusing in caste name
6. Doing social or economic boycott
7. Preventing scheduled caste or tribe candidate from contesting elections.
8. Doing the act of removing garments of any scheduled caste or tribe women.
9. Forcing any member of scheduled caste or tribe to leave his village or home
10. Defiling objects sacred to scheduled caste or tribe.
11. Doing or passing any comments of sexual nature against any member of scheduled caste or tribe.

Present Scenario

Indian Government not only introduced various legislative or constitutional measures but also introduced various other measures for the development of the members of Scheduled caste or tribes or various other backward classes. Some of the reforms are:

• EDUCATIONAL DEVELOPMENT- Much importance or attention was paid towards the educational development of the members of scheduled caste or tribes. They are provided with free educational facilities, books, uniforms and other basic necessities which helps them in getting education and raising their living standards.
• ECONOMIC OPPORTUNITIES- Government has paid attention to their economic upliftment also by providing them certain economic benefits also like providing loans on less rate of interest. Giving facilities to the poor farmers in terms of seeds, cultivating machines etc.
• OTHER PLANS- Different plans for their upliftment has been introduced like Special Component Plan (SCP) for SCs and Special Central Assistance (SCA) for ensuring that proportionate flow of funds for SCs from the other general development sector.

After introducing various reforms in almost every sphere of life the result can be seen from the the data that was released by the Planning Commission according to which between 2004-05 to 2011-12 more than half of the SC ST population are brought above the poverty line. Earlier near about 53.5% of the SC population are living below poverty line but in 2011-12 this number has been reduced to 22% only.

The path of their development is still very long to go contribution not only from government but from other citizens is also required because it was rightly said by Dr. B.R. Ambedkar “ so long as you do not achieve social liberty, whatever freedom is provided by the law is of no avail to you.”