EXPANDING THE SC/ST ACT
Why has this issue cropped up ?
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, was highlighted in the Supreme Court by the government as a significant step taken to affirm the trust of the SC/STs in the law.
What are the amendments ?
- The amendments expand the original Act of 1989.
- The new offences include more instances of “atrocities” recognised as crimes against SCs and STs.
- These include forcible tonsuring of head, garlanding with footwear, denying a SC/ST member access to irrigation facilities, using or permitting manual scavenging, abusing in the name of caste, etc.
- It adds certain IPC offences like hurt, grievous hurt, intimidation and kidnapping, attracting less than 10 years of imprisonment, committed against SCs and STs as offences punishable under the Prevention of Atrocities Act (PoA Act). Earlier, only those offences listed in the IPC as attracting a punishment of 10 years or more and committed on SCs/STs were accepted as offences falling under the Act.
- The Amendment Act introduced the establishment of exclusive special courts and special public prosecutors to try offences under the PoA Act, so that cases are disposed of expeditiously.
- The law requires these courts to take direct cognizance of an offence, and complete the trial of the case within two months from the date of filing of the charge-sheet.
- The new law defines the term ‘willful negligence’ in the context of public servants at all levels, starting from the registration of the complaint to dereliction of duty under this Act.
- It adds a section called the ‘presumption as to offences’ — that is, if an accused is acquainted with the victim or his family, the court may presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise.
Relevance : GS 2
