All about Scheduled Castes and Tribes (Prevention of Atrocities)

Act, 1989

As India undergoes a rapid growth and prosperity phase, it is allowing

all sections of society the chance to envision, create, and increase the
standard of living of their communities. The Scheduled Castes and
Tribes have emerged as one of the most progressive communities of
Indian society due to their educational, economic, and social
empowerment. The Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (Act) has prevented a wide range
of offences against the Scheduled Castes and Tribes. These special
courts (established under the Act) work to protect the rights and
privileges of the victims and assist them in receiving relief. 

There are two marginalized groups in Indian society: the Dalits,

which are legally classified as a Scheduled Caste, and the Tribals,
which are legally classified as a Scheduled Tribe. They have been the
victims of many atrocities since the beginning of time. Hence, this
segment of the population is protected from discrimination and
atrocities by the Act. Despite this, the impact of enacting this law and
its purpose remains in doubt because there are widespread concerns
regarding the potential misuse of the provisions of this legislation.

According to Article 17 of the Indian Constitution, untouchability and

all similar practices are forbidden. The Untouchability (Offences)
Act was passed in 1955. However, the government was forced to
make changes to the 1955 Act and passed the Civil Rights Act,
1955 (amended in 1976), due to the shortcomings and loopholes in
the 1955 Act. Due to the continuing grievances and injustice against
Scheduled Castes and Tribes, Parliament passed the Scheduled Caste
and Scheduled Tribe Act (1989) and the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Rules (1995) in order to
combat the inhuman treatment they suffer.
The basic objective and purpose of this more comprehensive and
more punitive piece of legislation was sharply enunciated when the
Bill was introduced in the Lok Sabha:
Despite various measures to improve the socio-economic conditions
of the SCs and STs, they remain vulnerable... They have in several
brutal incidents, been deprived of their life and property... Because of
the awareness created... through spread of education, etc., when they
assert their rights and resist practices of untouchability against them
or demand statutory minimum wages or refuse to do any bonded and
forced labour, the vested interests try to cow them down and terrorise
them. When the SCs and STs try to preserve their self-respect or
honour of their women, they become irritants for the dominant and
the mighty...
Under the circumstances, the existing laws like the Protection of Civil
Rights Act 1955 and the normal provisions of the Indian Penal Code
have been found to be inadequate to check and deter crimes against
them committed by non-SCs and non-STs... It is considered necessary
that not only the term 'atrocity' should be defined, but also stringent
measures should be introduced to provide for higher punishment for
committing such atrocities. It is also proposed to enjoin on the States
and Union Territories to take specific preventive and punitive
measures to protect SCs and STs from being victimized and, where
atrocities are committed, to provide adequate relief and assistance to
rehabilitate them.
The objectives of the Act, therefore, very clearly emphasise the
intention of the Indian state to deliver justice to SC/ST communities
through affirmative action in order to enable them to live in society
with dignity and self-esteem and without fear, violence or suppression
from the dominant castes.
The provisions of SC/ST Act and Rules can be divided into three
different categories, covering a variety of issues related to atrocities
against SC/ST people and their position in society.

 The first category contains provisions of criminal law. It

establishes criminal liability for a number of specifically
 defined atrocities, and extends the scope of certain categories
of penalizations given in the Indian Penal Code (IPC).
 The second category contains provisions for relief and
compensation for victims of atrocities.
 The third category contains provisions that establish special
authorities for the implementation and monitoring of the Act.

Together with the rules, it provides a framework for monitoring the

state response to the atrocities against Scheduled Castes and
Scheduled Tribes. According to the Act and Rules, there are to be
monthly reports (from the District Magistrates), quarterly review
meetings at the district level by the District Monitoring and Vigilance
Committee (DVMC) and half yearly reviews by a 25-member State
Monitoring and Vigilance Committee (SVMC) the chaired by the
Chief Minister. The performance of every Special Public Prosecutor
(SPP) will also have to be reviewed by the Director of Public
Prosecutions (DPP) every quarter. Annual reports have to be sent to
the central government by 31 March every year.

India’s constitution mentions equality, but because of the traditional

caste system, many people treat lower caste people unfairly. As a
matter of fact, the Indian constitution grants various fundamental
rights to the lower castes in order to abolish this form of
discrimination based on caste, but the reality is that even the
constitution of India falls short of guaranteeing them equality. The
SCs and STs have been subjected to various forms of disparagement
despite many measures having been adopted to improve their socio-
economic conditions.