Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

A case has been registered against Infosys co-founder Senapathy Kris Gopalakrishnan and members of the Indian Institute of Science (IISc) under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

• The complainant  belongs to the Bovi community (scheduled caste).
• He was a faculty member at the Centre for Sustainable Technology at the Indian Institute of Science (IISc).
• According to the complaint, the accused used a fake honey trap case to dismiss him from service in 2014.
• A parliamentary panel has also raised concerns over the failure of several States to establish the necessary mechanisms to effectively address cases of atrocities against Scheduled Castes (SC).

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What are Scheduled Castes?

• Scheduled Castes refer to socially disadvantaged groups that faced historical discrimination, especially untouchability.
• Under Article 366(24) “Scheduled Castes” means such castes, races or tribes that are deemed under article 341 to be Scheduled Castes.
  • As per Article 341, the President of India may notify certain castes as Scheduled Castes through a public notification.
• According to the 2011 census, the scheduled castes population in India is 16.6 crore. It is 16% of the country’s population.

What are Scheduled Tribes?

• Scheduled Tribes are indigenous communities that have distinct cultural identities, geographical isolation, and socio-economic backwardness.
• Under Article 366 (25) the Scheduled Tribes means such tribes or tribal communities that are deemed under Article 342 of the Constitution to be Scheduled Tribes.
  • As per Article 342, the President may notify a community as a Scheduled Tribe after consultation with the Governor of the state.
• According to the 2011 census, ST population is close to 10.43 crore. It is more than 8% of the total population of the country.

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

• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, aims to prevent atrocities against Scheduled Castes (SCs) and Scheduled Tribes (STs) by individuals who do not belong to these communities.

Key Provisions of the Act

• Prevention of Atrocities: The Act ensures that SCs and STs are protected from discrimination, violence, and exploitation.
• Punishment for Offenders: Those committing atrocities against SCs and STs face strict legal consequences.
• Implementation:
  • The Act is enforced by State Governments and Union Territories.
  • The Central Government provides financial assistance under a Centrally Sponsored Scheme for its implementation.
• Power to Frame Rules: The Central Government can make rules to ensure the effective application of this Act.
• Anticipatory Bail: Under  the Act, provision for anticipatory bail is not available to the offenders.
• Applicable Only to Non-SCs/STs: The Act does not cover crimes between SCs and STs or among individuals within these communities.
• Investigation Process:
  • All offenses under this Act are cognizable (police can arrest without prior approval).
  • Investigation Officer: Only an officer of or above the rank of Deputy Superintendent of Police (DSP) can investigate cases under this Act.
  • Timeline for Investigation: The probe must be completed within 30 days, and the report should be submitted to the State Police Director.

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Atrocities or abuse under the SC/ST Act

• Wrongful Restraint & Forced Labour: Restricting or confining a person unlawfully or exploiting their labour against their will.
• Assault & Criminal Force: Using criminal force or threats with the intent to outrage, intimidate, or insult a person. Or causing fear, alarm, or provocation leading to bodily injury.
• Deprivation of Earnings & Property: Wrongfully depriving a person of their earnings or possessions or knowing that such acts may cause fear, alarm, provocation, or insult.
• Illegal Dispossession of Land & Property: Unlawfully taking away land, movable or immovable property belonging to an SC/ST person.
• Extortion & Fraudulent Inducement: Forcing, coercing, or deceiving a person into giving up money or valuable possessions or threatening to give or withhold money, property, or benefits through false pretenses.

SC/ST Prevention of Atrocities (Amendment) Act, 2015

• Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 was introduced to make the act more stringent with the following provisions:
  • Recognition of Atrocities: It recognized more instances of “atrocities” as crimes against SCs and STs.
  • Setting up of Courts: It provided for the establishment of exclusive special courts and special public prosecutors to try offences under the PoA Act.
  • Wilful negligence: The Act defined the term ‘wilful negligence’ in the context of public servants at all levels, starting from the registration of the complaint to dereliction of duty under this Act.

SC/ST(Prevention of Atrocities) Amendment Act, 2018

• The Act was passed to nullify the Supreme Court’s judgment and restore the original provisions of the Act.
• No Prior Approval for FIRs:  No prior approval is required from any authority to register an FIR in cases of atrocities against SCs and STs.
• No Preliminary Inquiry: The amendment removes the requirement for a preliminary inquiry before registering an FIR or making an arrest.
• No Anticipatory Bail: Anticipatory bail cannot be granted to accused persons under the Act, except in cases where the court finds no prima facie evidence.
• Strengthening Preventive Measures: The amendment mandates the establishment of special courts and exclusive special courts to expedite trials and ensure timely justice.
• • It also emphasizes the need for relief and rehabilitation measures for victims.

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Misuse of SC/ST Act

• False Complaints for Personal Revenge: Some individuals file false cases to settle personal disputes, seek revenge, or harass others.
  • Accusations under the Act often lead to immediate arrest and legal action, even if the claims are unverified.
• Exploitation for Financial Gains: False allegations are sometimes made to extort money from accused individuals or institutions.
• Political and Social Vendetta: The Act has been misused in political rivalries and social conflicts to falsely implicate opponents.
  • Land disputes, personal enmity, and property issues are sometimes camouflaged as caste-related atrocities.

Standing Committee on Social Justice and Empowerment report

• A recent Standing Committee on Social Justice and Empowerment report has highlighted major shortcomings in several State governments’ efforts to address atrocities against Scheduled Castes (SCs). 

Key Concerns Raised by the Parliamentary Panel

• Lack of Financial Utilisation Despite Central Support: Despite no financial constraints at the central level, many States fail to utilise available funds or take necessary action to address atrocities against SCs.
  • Addressing these issues requires “sincere and coordinated” efforts by State governments, with support from central resources.
  • States such as Madhya Pradesh, Rajasthan, Bihar, and Odisha were specifically mentioned for lagging behind in fund utilisation and failing to meet implementation targets.
• Poor Implementation of Welfare Schemes: Post-Matric Scholarship Scheme for SCs and the National Action Plan for Mechanised Sanitation Ecosystem (NAMASTE) have faced underutilisation.
  • Bottlenecks include: 
    • Incomplete documentation
    • Errors in Aadhaar seeding
    • Delays in the release of State contributions
  • The committee urged stricter monitoring, including regular reviews by senior officials and State-level workshops to address these challenges.
• Gaps in Marginalised Community Programs: The panel also raised concerns over the uneven implementation of programs for other marginalised groups, including:
  • SMILE Initiative (for transgender persons and beggars)
  • SHREYAS Scheme (for SC students in higher education)
• Lack of measurable targets in schemes like:
  • Pradhan Mantri Adarsh Gram Yojana
  • Venture Capital Fund for SCs and OBCs
• Low awareness among eligible beneficiaries due to poor publicity of welfare programs. 

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Way forward

• Stronger oversight: The central government should impose stricter conditions on non-performing States.
  • The World Bank’s Program-for-Results (PforR) financing model links disbursement directly to achieve results. India could adopt a similar model for CSS.
• Timely fund proposals: States must submit accurate and timely proposals to unlock central funding.
  • The PFMS (Public Financial Management System) has already improved fund tracking. Expanding its scope to include proposal submissions could streamline the process.
• Enhancing cooperative federalism: States should actively contribute their share for smooth execution of centrally sponsored schemes.
• Improving Support for Sanitation Workers: The panel urged enhanced support for sanitation workers under the NAMASTE programme, including:
  • Better training
  • Increased health insurance coverage
• Expanding the Reach of Welfare Schemes: Expand the reach of government schemes while addressing procedural delays, such as those affecting free coaching and fellowship programs.
  • The Direct Benefit Transfer (DBT) system has already reduced leakages in schemes like PM-KISAN. 
• Enhancing Awareness Through Outreach Programs: Report suggested scaling up Information, Education, and Communication (IEC) campaigns  to improve outreach.
  • The Beti Bachao Beti Padhao campaign successfully used social media to raise awareness about gender equality. A similar approach could be adopted for other schemes.

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