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

It was enacted when the provisions of the existing laws (such as the Protection of Civil Rights Act 1955 and Indian Penal Code) were found to be inadequate to check these crimes (defined as 'atrocities' in the Act)[1]. Recognising the continuing gross indignities and offences against Scheduled Castes and Tribes, the Parliament passed the ‘Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act 1989.

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 offences and for matters connected therewith or incidental thereto.”
Thus objectives of the Act clearly emphasise the intention of the government to deliver justice to these communities through proactive efforts to enable them to live in society with dignity and self-esteem and without fear or violence or suppression from the dominant castes. The practice of untouchability, in its overt and covert form was made a cognizable and non compoundable offence, and strict punishment is provided for any such offence.

The SCs and STs (Prevention of Atrocities) Act, 1989 with stringent provisions (which extends to whole of India except the State of Jammu & Kashmir) was enacted on 9 September 1989. Section 23(1) of the Act authorises the Central Government to frame rules for carrying out the purpose of the Act. Drawing power from this section, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules of 1995 were framed.[2] The rules for the Act were notified on 31 March 1995.

The purpose of the Act was to help the social inclusion of Dalits into Indian society, but the Act has failed to live up to its expectations admitted by the Union Minister for Home Affairs in parliament on 30 August 2010 (quoted below).[3].

A number of cases of misuse of this Act has been reported from different parts of the country as mentioned in the Supreme Court verdict of 20 March 2018. In this verdict, the Supreme Court of India banned immediate arrest of a person accused of insulting or injuring a Scheduled Caste/Scheduled Tribe member to protect innocents from arbitrary arrest.

In August, 2018, the parliament of India passed the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018, to bypass the ruling of the Supreme Court of India laying down procedures for arrests under the Act. The bill inserts section 18A (1) (a) in the 1989 Act, that says a “preliminary enquiry shall not be required for registration of an FIR against any person.” The Bill also inserts Section 18A (1) (b), which says “the investigating officer shall not require approval for the arrest, if necessary, of any person against whom an accusation of having committed an offence under this Act has been made and no procedure, other than that provided under this Act or the Code, shall apply.” The act violates “basic principles of liberty and accountability” after the amendments. According to a plea filed in the Supreme Court, “the Supreme Court cannot remain a mute spectator to the abuse of law as we are living in a civilised society and there were many growing instances of misuse of this act. The new law could be used to harass citizens by arresting them on the basis of mere allegations. The amendment excludes Section 438 of CrPC, violates constitutional mandate under Articles 14 and 21.” The amendments rule out any provision for anticipatory bail for a person accused of atrocities against SC/STs, notwithstanding any court order.

अनुसूचित जाति जनजाति अधिनियम anusuchit jati janjati atyachar sc st act mppsc mpsi vyapam pre mains 1
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