Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018

For: Preliminary & Mains
Topics Covered: March 20 Judgment, Dalit Protection Law, PoA Act 1989

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News Flash

Recently, Apex court of India reserved for judgment a batch of petitions challenging the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018, which nullified a controversial March 20 Supreme Court judgment diluting the stringent provisions of the Dalit protection law.

 

The March 20 judgment

• Allowed Anticipatory bail to those booked for committing atrocities against the SCs and the STs. The original 1989 Act bars anticipatory bail.
• Stated that for persons accused of committing an offence under the Act, approval of the Senior Superintendent of Police will be required before an arrest is made. Further, the Deputy Superintendent of Police may conduct a preliminary enquiry to find out whether there is a prima facie case under the Act.

So government had to amend the Act to protect the rights of SC and ST communities as secured in the original act.

• The Act states that the investigating officer will not require the approval of any authority for the arrest of an accused. Further, it provides that a preliminary enquiry will not be required for the registration of a First Information Report against a person accused under the Act.
• The Act states that persons accused of committing an offence under the Act cannot apply for anticipatory bail. The Bill seeks to clarify that this provision will apply despite any judgements or orders of a court that provide otherwise.

The government had responded that there had been no decrease in the atrocities committed on the SCs/STs despite the laws meant to protect their civil rights.

 

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

It is popularly known as Prevention of Atrocities (PoA) Act or simply Atrocities Act. Its prime objective is to deliver justice to marginalised through proactive efforts, giving them life of dignity, self-esteem and life without fear, violence or suppression from dominant castes.

The Act 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).

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 Act lists 22 offences relating to various patterns or behaviours inflicting criminal offences and breaking self-respect and esteem of SC/ST community. This includes denial of economic, democratic and social rights, discrimination, exploitation and abuse of legal process.

 

Source: The Hindu

 

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