Faculty of law

JAMIA MILLIA ISLAMIA

SYNOPSIS

AN ASSIGNMENT OF L.L.M

“A COMPREHENSIVE AND CRITICAL ANALYSIS OF THE SCHEDULED CASTES

AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989”

PRESENTED BY: SUBMITTED TO:

SHABANA KHAN DR. NUZHAT PARVEEN KHAN

LL.M, 2ND YEAR

“Caste cannot be abolished by inter caste dinners or stray instances of inter caste marriages.
Caste is a state of mind. It is a diseases of mind. The teachings of the Hindu religion are the root cause of

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 this disease. We practice casteism and we observe Untouchability because we are enjoined to do so by the
Hindu religion. A bitter thing cannot be made sweet. The taste of anything can be changed but poison
cannot be changed into nectar.”
---- Dr B.R. Ambedkar1.
1. INTRODUCTION

Indian society historically had a rigid, occupation-based, hierarchical caste system in which the
relative place of a caste in the social hierarchy was determined largely by its traditional
occupation and birth in a particular caste. Those performing ‘unclean’/‘polluting’ tasks came to
be regarded as ‘low’ castes and ‘untouchables’. These untouchable castes are categorised as
Panchama in the Varna system. Besides these untouchable castes, the present Scheduled Castes
(SCs) the Scheduled Tribes (ST) groups were also outside the Varna system and are neglected in
the socio-economic development. After Independence, the Government of India abolished
“untouchability” and provided several special safeguards for the SCs and STs so as to ensure that
they are able to attain equality with the other social groups in the shortest possible time. The
Constitution contains several provisions in the nature of safeguards for the SCs and STs for
curbing untouchability and atrocities against SCs and STs. specifically The Protection of Civil
Rights Act, 1955” and The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989”. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989’
which was enacted to prevent atrocities against Scheduled Castes and Scheduled Tribes brought
a new vision to Indian Judiciary. The age old Indian Penal Code deals only with crimes and
punishments. Atrocities against schedule caste and schedule tribes are taking place all over the
India in different modes. Still, they are physically and socially excluded and isolated from the
mainstream society. Constantly, they are victimizing to atrocities, violence, discrimination,
exclusion and so on. They are considering as an ‘outcaste’ and carrying low social status with the
stigma of “untouchables” in the society because, they are always associated with unclean
occupations like menial works, unclogging sewers, disposing dead animals and cleaning latrines
so on. They are denied to access land, forced to work in degrading conditions and are routinely
abused by the police and upper-caste members. Women in these community face extra
discrimination. They are sexually abused by the police, upper-caste men, and sometimes they are
forced to prostitution, moreover, can see discrimination in employment and wages. Looking at

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Ambedkar, Dr. B.R., Castes in India: their mechanism, Genesis and Development, Bheem Patrika Publications,
Jalandhar, 1977.

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the present scenario, and trends the Supreme Court bench comprising Justices Arun Mishra, M R
Shah and B R Gavai said that the 2018 order was "against the spirit of the Constitution". It
further said that the struggle of sc/st people for equality is still not over and they still face
untouchability, abuse and are socially outcast.

2. LITERATURE REVIEW
For the purpose of carrying on the present study a lot of literature has been referred to and relied
upon.

Articles
 Galanter, Marc. “Who Are the Other Backward Classes?: An Introduction to a
Constitutional Puzzle.” Economic and Political Weekly, vol 13, no. 43/44,
1978, pp. 1812–1828.
 Ajay; “Atrocities on dalits- A human right perspective”1 ILI 54 (2010)

Books

 Omvedt, Gail 1994 Dalits and the Democratic Revolution, Dr. Ambedkar and
the Dalit Movement in Colonial India, New Delhi: Sage.
 Ambedkar, B R, and Valerian Rodrigues. “The Essential Writings of B.r.
Ambedkar”. New Delhi: Oxford University Press, 2002. Print.
 Nani Palkiwala “We, The Nation: The lost decades”; New Delhi, USB
Publisher Distributors, 1994.
 Rajni Kothari, Cast in Indian Politics, Oriental Longman Delhi, 2nd
edition,1973,361 pages.

3. HYPOTHESIS
It is hypothesized that:

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 1- 2019 NCRB data reveals increment in the atrocities against SC/ST people hence there is
an urgent need for reviewing the working of Atrocities Prevention Act,1989.
2- Contemporary situations need amendments of the said act.
3- There is a shift in the judicial approach towards atrocities of SC/ST people which lead to
the dilution of the act.
4- Recent amendment of the said act in 2018 in order to set aside the judgement politicize
the matter,

4. RESEARCH METHODOLOGY

The methodology adopted by the researcher is Doctrinal research. The doctrinal study includes
the jurisprudence of the child criminality, international initiatives, through resolutions,
declarations, conventions and also examining the various legislations and policy measures. For
this purpose and for obtaining the primary sources international and regional documents, treaties
declarations, provisions of the Constitution of India, Indian Penal Code,1861, Juvenile Justice
Act 1986, reports of the various committee for the juvenile delinquency will be studied and
examined. Further, decisions given by the Supreme Court and various High courts regarding
juvenile delinquency will be examined.

5. TENTATIVE CHAPTERISATION

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5.1 Introduction. In this chapter researcher deal with the concept, context and the historical
perspective of the need of the said legislation.
5.2 Nature and scope of the act. The researcher deal the nature and the scope of the act and how
it is working.

5.3 Legal framework under the act. Covers the rights, limitation , remdies under the act.

5.4 Judicial approach towards atrocities against SC/ST people. Covers the judicial
pronouncement regarding the various provision under the act.

5.5 Machineries under the act. Under the act there are various machineries which implements
the provision of the act. Author try to give the suggestions for the smooth running of the various
functionaries under the act.

5.7. Findings, Conclusions and Suggestions. In last after the perusal of the topic researcher
give the suggestion and concludes the hypothesis so presumed.