Analysis of Prevention of Atrocities Act, 1989

INTRODUCTION

The ‘Dalits’ (legally recognised as Scheduled Castes) and the ‘Tribals’ (legally recognised as Scheduled Tribes) are considered as the most marginalized sections of Indian society. They have endured numerous atrocities since the very beginning of mankind. As a result, the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 protects this segment of society from exploitation and injustice. However, there is widespread concern about the misuse of some of the provisions of the act raising issues about the impact and intent behind the enactment of the legislation.

Part III of the Indian Constitution envisions certain fundamental rights regarding equality as the framers were aware of the discrimination experienced by the scheduled caste and schedule tribes. For example, every Indian citizen has the fundamental right to equality under Article 14 of the Indian Constitution. Similarly, Untouchability and other similar practices are prohibited by Article 17 of the Constitution. Since the caste system has been a part of Indian society for centuries some groups faced discrimination on the basis of their caste, race, colour, place of birth, etc. These segments of the society were denied basic rights, exploited and subjected to various forms of violence as a result of this discrimination. The Untouchability (Offences) Act 1955 was a new law that the government enacted after the provisions of the Constitution failed to establish equality among Indian society and to end the practice of untouchability. However, there were some flaws in this act that required the government to make some changes and refurbish the act.

The Act was renamed the Protection of Civil Rights Act in 1976. The lower caste remained a vulnerable group despite the government’s numerous efforts to close the social divide between them and the upper caste and to shield them from discrimination, atrocities, harassment, and humiliation. It was clear that the provisions of the Indian Penal Code and the Protection of Civil Rights Act of 1955 were insufficient to prevent the atrocities committed against Schedule Tribes and Schedule Castes as well as the egregious crimes against them. Therefore, the Parliament passed the “Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 and Rules, 1995” in response to these issues.

HISTORICAL CONTEXT AND OBJECTIVES

The origin of caste based discrimination has been encased in the long and complex history of India’s varna and jati system which evolved over centuries. Vedas has been classified since the evolution of mankind. Varna is an ancient social division based on profession which dates back to the Rigveda. “Manusmriti (the book of law) was the primary source of evidence for this claim. It provides a description of society being divided into four varnas or social classes. These were the Brahmins, or priests and scholars, the Kshatriyas, or warriors and rulers, the Vaishyas, or traders and farmer and finally the Shudras or labourers and servants. It has been shown that the first three groups have parallels with Indo-European societies and the Shudras are thought to have originated with the Brahmins.” ¹ During Vedic times, there was no concept of untouchability. This concept appears to have originated in post-Vedic literature, specifically in the Manusmriti which used the term outcast and suggested that they be excluded.

The caste system eventually became more and more rigid. With time the four varnas gave rise to a good number of jati’s or caste which were then subdivided into thousands of subcastes. The term “untouchable” which was later applied to the Dalits was used to describe a few groups who were excluded from the varna system of classification because they were deemed “impure.” As a result, they were subjected to harsh punishment and numerous restrictions including limited access to temples, state-run water, other facilities and society in general.

Manusmriti was one of the many numerous religious and legal books that supported the caste system. The caste system’s discriminatory nature became deeply engrained in the Indian society both economically and socially. Thus, the Caste system was firmly established in colonial India as a result of British administrative regulations and census classification methods. The British divided and controlled the nation based on caste, religion, and other factors. They also created a distinct electorate. It is widely accepted that the Poona Pact (1932) between Gandhi and Ambedkar played an important role in the emergence of divide and rule in India which led to the worsening of Dalit conditions. “In 1793, Lord Cornwallis introduced the Zamindari System which was responsible for significant socio-economic disparities in the society, affecting mostly the lower caste. The movements for social reform led by figures like B. R. Ambedkar and Mahatma Gandhi during the nineteenth and twentieth centuries worked to eliminate discrimination based on caste and to promote equality and social justice.”² Although the Constituent Assembly that drafted India’s new constitution in 1947 had abolished Untouchability and provided equal status for all through the Constitution of India but still the caste system remains deeply rooted in the society and perpetuates discrimination. Thus, there was always a need for a special act to protect the interest of the socially weaker sections of the society.

OBJECTIVES

The key objectives of the act are as follows:

1. To control and manage crimes and atrocities committed against scheduled tribes and scheduled castes.

2. To guarantee prompt case resolution and to establish special and exclusive courts for the trial of crimes against these sections of the society.

3. To guarantee that the act is applied consistently across the nation and to give the victims money, free rehabilitation, maintenance costs, and a travel allowance.

4. To provide appropriate remedies for the weaker sections and guarantee equal treatment and at the same time aim to integrate them into the society going forward. Thus, the legislation empowers the lower classes of society.

ESSENTIAL FEATURES OF THE ACT

1. Purpose and Objective of the Act

The main goal of the act is to prevent atrocities against SCs and STs and ensuring their social protection and dignity. The law recognises that the caste system has historically subjected these communities to violence, exploitation, and discrimination. Therefore, the act seeks to punish the offenders, provide relief and rehabilitation to victims and at the same time ensure equality in the society.

2. Definition of Atrocities

One of the most distinctive features of the act is that it defines what constitutes “atrocities” as any act mentioned under section 3(1) of the Prevention of Atrocities Act, 1989 committed by a non-SC/ST individual against a member of the SC or ST. This definition is considered as one of its most instrumental provisions. “As defined under section 3 of the act, it includes the following acts:

• Forcing a member of SC/ST to eat or drink inedible or obnoxious substances.
• Dumping waste or carcasses in their premises.
• Parading a person naked or humiliating them publicly.
• Wrongfully occupying or cultivating land belonging to SC/ST persons.
• Preventing them from accessing public places or resources.
• Sexual exploitation of SC/ST women.
• Social or economic boycott.”³

3. Stringent Punishments

For crimes and atrocities committed in violation of any of the provisions of the act, severe penalties are prescribed. Majority of them are cognizable and non-bailable meaning that the police can file a case and even make an arrest without prior approval of the court. Depending on the seriousness of the offence imprisonment ranging from six months to life imprisonment is awarded. In addition to the specified penalties under the act, Section 7 of the act provides for the forfeiture of the property of certain individuals in addition to the punishment prescribed. The provisions related to punishment helps to reduce the number of offences and atrocities committed against these sections of the society.

4. Establishment of Special Courts

This act allows the state government in consultation with the chief justice of the relevant High Court to establish Special Courts under section 14 to try offences under the Act and to ensure prompt justice. In order to speed up the legal system, these courts concentrate exclusively on cases involving crimes against SCs and STs. To make sure that these segments of society receive justice in every manner possible the government appoints Special Public prosecutor to represent the victims.

5. Relief and Rehabilitation for Victims

Section 21(2) of the Act provides relief, compensation and rehabilitation for victims of atrocities. This is another significant aspect of the Act. “In accordance with the provisions that the government must supply:

• Immediate financial assistance.
• Medical aid and legal support.
• Protection for victims and witnesses.
• Rehabilitation measures for affected families.”⁴

6. Preventive Measures by the State

The Act imposes a duty on the state government and administration to prevent atrocities. The District Magistrates and police authorities are also responsible for taking proactive steps under section 17 of the act which includes:

• “Identifying atrocity-prone areas.
• Increasing police vigilance in vulnerable regions.
• Monitoring cases and maintaining records.
• Conducting awareness programs.
• Setting up of committees to assist the government.
• Provisions for periodic survey of the working of the provisions of the act.”⁵

These measures aim to prevent crimes before they occur and ensure a safer environment for SC/ST communities.

7. Role of Public Servants

Public servants appointed under the act or who are to perform their duties as per the act can be reprimanded for non-compliance of their duties. These officials can be punished if they neglect to conduct proper investigation or even if they refuse to register a complaint without any valid reason. Such provisions help in improving the effectiveness of an act by keeping a check on the powers and duties of those responsible for aiding justice.

Important Amendments to Strengthen the Act

This act has been amended several times while the major amendments were introduced in the year 2015 and 2018 which expanded the provision for offences under the act and also aimed at providing speedy justice to the victims.

Amendment of 2015:

The Minister of Social Justice and Empowerment, Mr. Thawar Chand Gehlot introduced the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2014 in the Lok Sabha on July 16, 2014. The Bill supersedes the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014. It proposes to amend the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Bill modifies some existing categories and at the same time adds some new categories to be classified as offences such as:

• According to the Act it is considered an offence to force a SC/ST individual to vote for or against a specific candidate. The Bill also clarifies that any obstruction to voting related activities will be considered as an offence. According to the Act, it is illegal to forcefully occupy land that belongs to SCs or STs. The Act does not define “wrongful” in this way but the Bill does.
• According to the Act it is an offence to assault or sexually exploit a SC or ST woman. The Bill further states that: (a) purposefully making sexual contact with a woman who is SC or ST without her consent. (b) making sexually suggestive remarks, actions, or gestures. (c) It will also be illegal to dedicate a SC or ST woman as a devadasi to a temple or engage in any other similar practice.
• New crimes under the Bill include (a) garlanding with footwear. (b) compelling individuals based on their caste to dispose of or transport human, animal carcasses or to engage in manual scavenging. (c) publicly abusing SCs or STs based on their caste name. (b) seeking to instill hostility towards SCs or STs or denigrating any deceased person held in high regard. (f) issuing or threatening a social or economic boycott.
• It shall be considered an offence to prevent the SC’s and the ST’s from committing the following acts: (a) accessing common property resources. (b) entering any sacred place of worship that is open to all. (c) enrolling in a health or educational institution.
• Unless, the contrary is proved the court shall assume that the accused was aware about the caste or tribal identity of the victim and had personal knowledge of the victim and his family members.
• Role of courts: A Special Public Prosecutor is assigned to handle cases in this court. The act also designates a court of session at the district level as a special court for speedy trial and adequate remedies.
• Rights of victims and witnesses: The Bill adds a chapter on the rights of victims and witness. It shall be the duty of the state to make arrangements for the protection of victims, their dependents and witnesses. The state government shall specify a scheme to ensure the implementation of rights of victims and witnesses.

Amendment of 2018:

The 2018 amendment of the Prevention of Atrocities Act 1989 is considered as a significant response to the supreme court’s 2018 ruling in Subhash Kashinath Mahajan v. State of Maharashtra. The judges interpreted the act and introduced safeguards to protect innocent individuals from getting punished. Firstly, they introduced preliminary enquiry as a compulsory step before registering an FIR against any individual under the act. Secondly, the court stated that before an arrest could be made under the act prior approval of the senior superintendent of the police must be taken. This judgement led to various violent protest across the country which resulted in many casualties and some deaths, therefore a lot of pressure was mounting on the government to dilute this judgement through an amendment and the act to be implemented in its original form.

Thus, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 was passed by Rajya Sabha on August 9, 2018. The Bill stated that the arrest of an accused would not require approval from any authority. Furthermore, it states that no preliminary investigation is required before filing a First Information Report against a person alleged under the Act. The Act further states that anyone suspected of committing an offence under this Act is ineligible to apply for anticipatory bail. According to the Bill, this clause will apply despite any court rulings or orders that state otherwise.

CONCLUSION:

There has always been a mention of equality in the Indian constitution since the time it was framed but the prevalence of the caste has always caused inequality in the society and the lower caste individuals have been discriminated against. Even the supreme law of the country which is the Indian Constitution could not protect the lower caste individuals from exploitation. Thus, a special act was enacted in the year 1989 to ensure equality in the society which has been analysed in this article.

However, in a diverse country like India sole enactment has never proved sufficient to put an end to such problems. Therefore, the government needs to focus more on the practical implementation of the act and whether the objectives behind the enactment of the act have been fulfilled or not. The act has been subjected to changes by way of amendment many a times but still there are a few grey areas like adequate protection for the accused and proper investigation before an individual is arrested. So, the government has to keep making changes in the act to keep pace with the rapidly changing society and its norms to ensure that rights of every section of the society are upheld.

REFERENCES:

• https://blog.ipleaders.in/scheduled-castes-and-scheduled-tribes-prevention-of-atrocities-act-1989/
• https://forum.nls.ac.in/slr-forum-blog/sc-st-prevention-of-atrocities-act-at-thirty/
• https://blog.finology.in/Legal-news/sc-st-prevention-of-atrocities-act
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

By Rahul Tambi and Swarna

(Batch of 2024, NLU Assam)

Rahul Tambi	Swarna

Notes:

¹ https://blog.ipleaders.in/scheduled-castes-and-scheduled-tribes-prevention-of-atrocities-act-1989/

² Ibid.

³ Section 3, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

⁴ Section 21, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

⁵ Section 17, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.