SC / ST Act in India; Punishment, Bail, Misuse & Defense

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was created to give the people belonging to the Scheduled Castes and Scheduled Tribes their rights in India, and to prevent offences and atrocities against them.

There are many questions in the minds of people about the SC / ST Act. What is the SC / ST Act? What kinds of SC / ST crimes take place? Can bail be granted if accused of such offences, and what is the punishment, complaint procedure, compensation under this law? This article will give answers to all these questions and all the necessary information related to the Act.

What is SC / ST Act?

The SC/ST Act was enacted to prevent the atrocities on Scheduled Castes and Scheduled Tribes. Even after the Constitution came into force in 1950, certain sections of people were deprived of their rights and safety and thus continued to be a victim of social discrimination and atrocities.

The SC/ST Act is also known as the Harijan Act. Considering the wrongs that were cast upon them, on 30 January 1990, the SC-ST Act was implemented in the entire country (except Jammu and Kashmir).

After this, in April 2016, some amendments were made by the Government of the Center to make this law more stringent, with these amendments, this law was re-implemented on 14 April 2016.

What is the Purpose of the SC / ST Act?

The primary objective of this Act is to protect the rights of these historically marginalised communities and protect them from caste-based discrimination, oppression and violence.

It provides for the establishment of special courts for speedy trial of offences. It also specifies various offences and punishments for those who violate the rights of persons belonging to Scheduled Tribes and Casts.

Who are considered as Scheduled Castes and Scheduled Tribes?

Scheduled Castes (SCs) and Scheduled Tribes (STs) are historically deprived and marginalised community groups.

Several schemes and laws are designated by the Government of India to ensure their socio-economic development and protection from discrimination. Scheduled Caste is also known as Dalit or Harijan, a word that means & quot oppressed& quot or & quot broken& quot . They are individuals who have traditionally been considered & quot untouchables& quot in the Hindu caste system and have faced discrimination and exclusion for centuries. The Indian Constitution recognizes 1,108 SCs, and they constitute about 16.6% of India's population.

Scheduled Tribes are indigenous communities in India that have distinct cultural, linguistic and social identities. They have been historically marginalised and are often exploited and displaced by non-tribal communities. The Indian Constitution recognizes 705 STs, and they constitute about 8.6% of India's population.

When is the SC / ST (Harijan) Act applied?

The SC-ST Act or Harijan Act is imposed on a person who belongs to any class other than the people of the Scheduled Castes and Scheduled Tribes category and oppresses or insults the people of any SC / ST category in any way.

Types of Crimes under SC / ST ACT

The SC/ST Act provides for the following offences and punishments:-

Offences of Atrocities:- These include crimes such as sexual harassment, assault, kidnapping, tresspass, forces manual scavenging, causes hurt to members of Scheduled Castes and Scheduled Tribes. The punishment for such offences ranges from six months to five years of imprisonment and fine.

Offences of neglect: These include neglect of duties by a public servant, wilful lapse in inspection of workplace and places of residence, and refusal to register an offence. The punishment for such offences ranges from six months to one year and fine.

List of Crimes on which the ST / SC Act is applied:

• To force a member of the SC-ST category to feed something which is not fit for eating or drinking.

• Assault or use of force with intent to insult or outrage the modesty of any woman belonging to Scheduled Caste or Scheduled Tribe category.

• To force a member of this class to leave his/her house, village or other place of residence.

• Socially boycotting a person belonging to the ST/SC category.

• Not giving a job or work to a Harijan person due to their social status.

• Trying to prevent access to public places such as temples, hospitals, schools, etc.

• Withholding or forcing someone to vote by using force.

• Forcing a person to strip him naked to degrade him or blackening a person's face to make fun of him in society.

• Humiliating people for their social status.

Laws under the Sections of the SC / ST Act

The Act is divided into several sections, some of which are briefly explained below:

& bull Section 2: This section provides definitions of various terms, including 'atrocities', 'Scheduled Caste', 'Scheduled Tribe', 'public servant', 'willful neglect' and 'ST/SC'.

& bull Section 3: This section provides for punishment for offences committed under the Act. The punishment ranges from six months imprisonment, to life imprisonment, with or without fine.

& bull Section 4: This section provides for punishment against neglect of duties by Public Servants and handling of cases by Special Courts.

& bull Section 5: Provides for enhanced punishment for subsequent conviction.

& bull Section 6: Provides for application of certain provisions of the IPC.

& bull Section 7: This section provides for forfeiture of property of certain persons.

& bull Section 8: This section provides for presumption for certain offences.

& bull Section 9: This section provides for conferment of powers on an officer of the State Govt.

& bull Section 10: This section states the law regarding removal of a person likely to commit an offence.

& bull Section 11: This section provides for the procedure to be followed in case of failure on a person to remove himself as directed.

& bull Section 12: This section provides the power of the special court to take photograph and measurements of person against whom an order under Section 10 has been made.

& bull Section 13: This section gives the penalty for non-compliance of certain orders.

& bull Section 14: This section empowers the state government to establish Special Courts.

Provision of Punishment in SC / ST Act

Special courts have also been arranged under the SC, ST Act 1989. Under Section 14 of the Act, a special court can be established for trial for a case registered under SC / ST law.

If a person commits any of the above offences with any person belonging to Scheduled Castes or Scheduled Tribes or is found guilty under any other offence of the SC / ST Act, then he/she shall be punished according to the crime committed. Punishments vary from imprisonment from six months to life imprisonment and fine under the SC / ST Act.

How and When can one get Bail in SC/ST Act?

If a case is registered against a person under the SC / ST Act, then it is considered a cognizable category offence. For Bail, anticipatory bail can be sought which shall be decided after consideration by the magistrate. This was not the case earlier. Recently, the Delhi High Court has held that no bail can be granted in SC / ST Act cases, without hearing the victim.

If a person is arrested by the police, then the police is required to file a charge sheet within 60 days of the arrest. The proceedings are conducted by the special court only after the police file a charge sheet.

How to Save yourself from getting Accused under the SC / ST Act?

To avoid getting accused under SC-ST Act, one must make sure to never insult any Scheduled Caste or Tribe person, not look down upon them, or do any act that could be taken as an offence under the SC /ST Act.

How is the SC/ST Act Misused?

Its main objective is to prevent atrocities and discrimination against people belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs).

But, there have been some instances where the Act has been misused. One of the common forms of abuse is the filing of false cases against persons from non-SC/ST communities. This is mostly done with the intention of taking revenge or settling personal enmity. Such false cases can ruin the reputation and livelihood of innocent people.

Another form of abuse is the use of this Act to settle land and property disputes. In such cases, persons belonging to non-SC/ST communities are falsely accused of grabbing their land or property.

It is important to note that such misuse not only harms innocent persons but also undermines the purpose of the Act. It is, therefore, important that the Act is implemented fairly and justly and false cases are dealt with strictly. At the same time, it is also important to create awareness among the SC / ST communities so that they can use it effectively and appropriately to protect their rights.
 

Supreme Court's Directive on Misuse of SC/ST Act

According to the National Crime Records Bureau data, a total of 11060 such cases were registered in 2013 across the country, which were under the SC-ST Act. Out of these, 935 complaints were found to be completely false during the investigation, and therefore many such cases started coming to the Supreme Court. In view of this, the Supreme Court gave certain directions as followed:

• SC / ST Act cases will be investigated by an officer of at least the rank of Deputy SP.

• If a case is registered against someone, he can also be given anticipatory bail. The authority to grant or not to grant anticipatory bail will remain with the magistrate.

• If any government officer files a case under the SC/ST Act, then after the registration of the case, the arrest of that officer will not be done without the permission of his department.

• If a person has been falsely accused under the SC / ST Act, he/she can file a counter complaint against the member of the SC-ST who filed such a false case. Moreover, he/she can also file for defamation.

If you are accused under the SC - ST Act and require help, or if you belong to the SC - ST community and have been wronged by another person, you must take the help of a legal expert who will guide you after understanding the facts and circumstances of your case in detail. You can hire top criminal lawyers through LawRato's vast network of criminal lawyers.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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