Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989
Source: The Hindu
GS II: Governance
Overview
- News in Brief
- About Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
- National Helpline against Atrocities (NHAA)
Why in the News?
The High Court of Karnataka has convicted 10 persons for intentionally humiliating and assaulting men and women belonging to Scheduled Castes (SCs) in a 15-year-old case of a clash between a group of persons belonging to two upper castes and a group belonging to an SC community at Dunda village in Turuvekere taluk of Tumakuru district.
News in Brief
- The case was registered in 2008 following a clash between a group of persons belonging to the Vokkaliga and Lingayat communities and a few members of an SC community following a dispute over the boundaries of certain parcels of land.
- All the accused have been sentenced to imprisonment for one year for rioting and voluntarily causing hurt under the provisions of the Indian Penal Code
- For intentionally humiliating members of the SC community and assaulting women of the community to dishonour or outrage their modesty, under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
About Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
- The Parliament of India enacted the Act to address the persistent and pervasive discrimination, violence and oppression faced by the Scheduled Castes (SCs) and Scheduled Tribes (STs) in various spheres of life.
- It is also known as the SC/ST Act, the Prevention of Atrocities Act, or simply the Atrocities Act.
- It defines various offences against SCs and STs as atrocities and provides for stringent punishment for the perpetrators.
- It covers offences like causing physical or mental harm, sexual abuse, economic exploitation, social boycott, forcible conversion, land grabbing, denial of access to public services, etc.
Bail and Punishment for offences of atrocities
- The act prohibits anticipatory bail for any person accused of an offence under the Act unless there is no prima facie case against him or her.
- Not being a member of a Scheduled Caste or a Scheduled Tribe and committing atrocities mentioned in the act shall be punished with imprisonment for a term which shall not be less than six months but which may extend to five years and with a fine.
- Already been convicted of an offence and for the second offence or any offence after the second offence
- Shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.
- A person has been convicted of any offence punishable by property, movable or immovable or both, belonging to the person, which has been used for the commission of that offence, shall stand forfeited to the Government.
Responsibilities of Administration
- Public servants to take necessary steps to protect SCs and STs from any harm or harassment arising out of an offence under the Act.
- If the public fails to do so shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.
Investigation and Special Courts
- Any offence under the Act shall be investigated by an officer not below the rank of Deputy Superintendent of Police (DSP) within 30 days.
- It empowers the state governments to establish special courts for the exclusive trial of offences under the Act.
- It shall be within 2 months from the date of filing of the charge sheet.
National Helpline against Atrocities (NHAA)
- NHAA on the members of Scheduled Castes and the Scheduled Tribes has been also launched by the Department of Social Justice & Empowerment.
- The objective of the helpline is to generate awareness about the provisions of the Law that are aimed at ending discrimination and provide protection.
- The NHAA is available on toll-free number ‘14566’ across the country.
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