Prevention of Atrocities: Report under the Scheduled Castes and Scheduled Tribes Act

Prevention of Atrocities: A recent government report revealed that 98.91% of atrocities against Scheduled Tribes (STs) in 2022 were concentrated in 13 states.

Key Facts About the Report

Cases for SCs:

Of the total cases registered under the law for Scheduled Castes (SCs) in 2022, Uttar Pradesh accounted for 23.78%, followed by Rajasthan and Madhya Pradesh.
Other States with a significant number of cases of atrocities against SCs were Bihar with (13.16%), Odisha (6.93%), and Maharashtra (5.24%).
These six States accounted for nearly 81% of the total cases.

Cases for STs:

The majority of cases of atrocities against STs were concentrated in 13 States.
Madhya Pradesh reported the highest number (30.61%), Rajasthan had the second highest number of cases (25.66%) while Odisha (7.94%).
Other States with a significant number of cases included Maharashtra (7.10%) and Andhra Pradesh (5.13%).

Declining Conviction Rates: In 2022, the conviction rate under the Act dropped to 32.4% from 39.2% in 2020.

Lack of Special Courts: The report pointed out the inadequate number of special courts set up to handle cases under the law.

Of 498 districts in 14 States, only 194 had established special courts to expedite trials in these cases.
Special police stations for registration of complaints of offenses against SCs and STs have been set up by five states – Bihar, Chhattisgarh, Jharkhand, Kerala and Madhya Pradesh.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

The SC and STs (Prevention of Atrocities) Act, 1989, is a key legislation in India aimed at preventing atrocities and discrimination against SC and ST.
Definition of Atrocities: The Act defines specific acts considered atrocities, such as physical assault, coercion, and economic exploitation.

Cognizable offence: All offences listed in the Act are cognizable.

The police can arrest the offender without a warrant and start an investigation into the case without taking any orders from the court.
Punishments: The Act prescribes both minimum as well as maximum punishment.
The minimum in most cases is six months imprisonment while the maximum is five years sentence and with a fine.
In some cases, the minimum is enhanced to one year while the maximum goes up to life imprisonment or even death sentence.
Fast Track Courts: It mandates the establishment of special courts for the speedy trial of offenses.
No Anticipatory Bail: Provisions that prevent anticipatory bail for accused persons to ensure that the complaints are taken seriously.
Implementation: State governments are tasked with ensuring the implementation of the Act, including the appointment of special public prosecutors.

Constitutional Provisions

Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

Article 17: Abolishes “untouchability” and forbids its practice in any form.

Article 46: Promotes the educational and economic interests of SCs and STs and protects them from social injustice.

Article 338: Establishes the National Commission for Scheduled Castes to investigate and monitor the implementation of safeguards for SCs.

Article 339: Empowers the President to intervene in the administration of Scheduled Areas and Scheduled Tribes for their welfare.

Need for the Safeguards to SC and ST in India

Historical Injustice: SCs and STs have faced centuries of systemic oppression and discrimination, leading to social and economic inequalities.
Untouchability Practices: Despite its abolition, practices associated with untouchability persist in some areas, necessitating legal protections.

Atrocities and Violence: SCs and STs are disproportionately affected by violence and atrocities, including physical assault, sexual violence, and economic exploitation.

Social Stigma: They often face social ostracism, making them vulnerable to further violence and discrimination.

Political Marginalization: Historically, SCs and STs have had limited representation in political and administrative spheres, necessitating affirmative action policies.

Fostering Inclusion: Safeguards are vital for promoting social harmony and reducing caste-based discrimination, fostering an inclusive society.

Challenges in Implementation of the Act

Lack of Awareness: Many SC and ST individuals are unaware of their rights under the Act, leading to underreporting of atrocities.

Fear of Retaliation: Victims fear backlash from perpetrators or their communities, deterring them from filing complaints.

Social Isolation: Reporting atrocities can lead to social ostracism, further discouraging victims from seeking justice.

Corruption: Corruption within law enforcement result in biased investigations and inadequate action against perpetrators.

Inadequate Infrastructure: Many states lack the necessary infrastructure and resources to effectively implement the Act, such as special courts and trained personnel.

Manipulation of Provisions: There are instances where the Act is misused against individuals from non-SC/ST communities, leading to resentment and calls for repeal.

Cultural Norms: Deep-rooted caste prejudices and societal norms lead to resistance against the Act, complicating enforcement efforts

Conclusion

The way forward for the inclusion of Scheduled Castes and Scheduled Tribes requires a collaborative effort involving government, civil society, and the communities themselves. By focusing on education, economic empowerment, legal protections, and social awareness, India can build a more equitable society that respects and uplifts SC and ST communities.