Report under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

Syllabus: GS1/Social Issues

Context

• A recent government report revealed that 98.91% of atrocities against Scheduled Tribes (STs) in 2022 were concentrated in 13 states.

Key Facts About the Report

• Cases for SCs: Of the total cases registered under the law for Scheduled Castes (SCs) in 2022, Uttar Pradesh accounted for 23.78%, followed by Rajasthan and Madhya Pradesh.
  • Other States with a significant number of cases of atrocities against SCs were Bihar with (13.16%), Odisha (6.93%), and Maharashtra (5.24%).
  • These six States accounted for nearly 81% of the total cases.
• Cases for STs: The majority of cases of atrocities against STs were concentrated in 13 States.
  • Madhya Pradesh reported the highest number (30.61%), Rajasthan had the second highest number of cases (25.66%) while Odisha (7.94%). 
  • Other States with a significant number of cases included Maharashtra (7.10%) and Andhra Pradesh (5.13%).
• Declining Conviction Rates: In 2022, the conviction rate under the Act dropped to 32.4% from 39.2% in 2020.
• Lack of Special Courts: The report pointed out the inadequate number of special courts set up to handle cases under the law.
  • Of 498 districts in 14 States, only 194 had established special courts to expedite trials in these cases.
• Special police stations for registration of complaints of offenses against SCs and STs have been set up by five states – Bihar, Chhattisgarh, Jharkhand, Kerala and Madhya Pradesh.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

• The SC and STs (Prevention of Atrocities) Act, 1989, is a key legislation in India aimed at preventing atrocities and discrimination against SC and ST.
• Definition of Atrocities: The Act defines specific acts considered atrocities, such as physical assault, coercion, and economic exploitation.
• Cognizable offence: All offences listed in the Act are cognizable.
  • The police can arrest the offender without a warrant and start an investigation into the case without taking any orders from the court.
• Punishments: The Act prescribes both minimum as well as maximum punishment.
  • The minimum in most cases is six months imprisonment while the maximum is five years sentence and with a fine. 
  • In some cases, the minimum is enhanced to one year while the maximum goes up to life imprisonment or even death sentence.
• Fast Track Courts: It mandates the establishment of special courts for the speedy trial of offenses.
• No Anticipatory Bail: Provisions that prevent anticipatory bail for accused persons to ensure that the complaints are taken seriously.
• Implementation: State governments are tasked with ensuring the implementation of the Act, including the appointment of special public prosecutors.

Constitutional Provisions

• Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• Article 17: Abolishes “untouchability” and forbids its practice in any form.
• Article 46: Promotes the educational and economic interests of SCs and STs and protects them from social injustice.
• Article 338: Establishes the National Commission for Scheduled Castes to investigate and monitor the implementation of safeguards for SCs.
• Article 339: Empowers the President to intervene in the administration of Scheduled Areas and Scheduled Tribes for their welfare.

Need for the Safeguards to SC and ST in India

• Historical Injustice: SCs and STs have faced centuries of systemic oppression and discrimination, leading to social and economic inequalities.
  • Untouchability Practices: Despite its abolition, practices associated with untouchability persist in some areas, necessitating legal protections.
• Atrocities and Violence: SCs and STs are disproportionately affected by violence and atrocities, including physical assault, sexual violence, and economic exploitation.
• Social Stigma: They often face social ostracism, making them vulnerable to further violence and discrimination.
• Political Marginalization: Historically, SCs and STs have had limited representation in political and administrative spheres, necessitating affirmative action policies.
• Fostering Inclusion: Safeguards are vital for promoting social harmony and reducing caste-based discrimination, fostering an inclusive society.

Challenges in Implementation of the Act

• Lack of Awareness: Many SC and ST individuals are unaware of their rights under the Act, leading to underreporting of atrocities.
• Fear of Retaliation: Victims fear backlash from perpetrators or their communities, deterring them from filing complaints.
• Social Isolation: Reporting atrocities can lead to social ostracism, further discouraging victims from seeking justice.
• Corruption: Corruption within law enforcement result in biased investigations and inadequate action against perpetrators.
• Inadequate Infrastructure: Many states lack the necessary infrastructure and resources to effectively implement the Act, such as special courts and trained personnel.
• Manipulation of Provisions: There are instances where the Act is misused against individuals from non-SC/ST communities, leading to resentment and calls for repeal.
• Cultural Norms: Deep-rooted caste prejudices and societal norms lead to resistance against the Act, complicating enforcement efforts.

Conclusion

• The way forward for the inclusion of Scheduled Castes and Scheduled Tribes requires a collaborative effort involving government, civil society, and the communities themselves. 
• By focusing on education, economic empowerment, legal protections, and social awareness, India can build a more equitable society that respects and uplifts SC and ST communities.

Source: TH