1

TATA INSTITUTE OF SOCIAL SCIENCES

School of Law Rights & Constitutional Governance, Mumbai

GROUP -1 ASSIGNMENT WRITE-UP

Names of Students : Labani Halder M2022ATJ017

Manish Kumar Pal M2022ATJ020

Sonal Ekka M2022ATJ035

Shivashish Kujur M2022ATJ032
Nehal Sarkate M2022ATJ026
Shubhendu Shekhar M2022ATJ034
Mohd. Arsh Shery M2022ATJ022
Aniket Kurne M2022ATJ007

Program Name : Master of Laws in Access to Justice

Batch : 2022-23
Course Title : Law, Justice & Development
Course Code : LLM01
Semester : 1st Semester
Assignment Title : Study of The Scheduled Castes & Scheduled Tribes
(Prevention of Atrocities) Act, 1989 & Amendment Act,
2018
Due Date : 26-09-2022
Submitted on : 26-09-2022
Course Teacher : Dr. Shamim Modi
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STUDY OF THE
SCHEDULED CASTES &
SCHEDULED TRIBES
(PREVENTION OF
ATROCITIES) ACT, 1989 &
AMENDMENT ACT, 2018
 3

TABLE OF CONTENTS

Sr.
No. SUB-TOPIC PAGE CONTENT by

1 Chapter-I LABANI
Background & History 4 HALDER

2 Chapter-II 7 SONAL EKKA

Act Overview

3 Chapter-III SHIVASHISH
Short Title, Long Title & Preamble 8 KUJUR

4 Chapter-IV NEHAL
Important Sections, Salient Features & 9 SARKATE
Amendments

5 Chapter-V SHUBHENDU
Course of Action, Government Machinery 11 SHEKHAR
& Judicial Decisions

6 Chapter-VI Shubhendu
Major Incidents 13

7 Chapter-VII Sonal &

Socio – Economic – Legal – Political 14 Shivashish
IMPACT

8 Chapter-VIII 17 ANIKET
Important Cases, Reports & Criticism

9 Chapter-IX 20 ARSH
Reforms & Suggestions
 4

Chapter-I
BACKGROUND & HISTORY

The lower castes in India have been denied a variety of social and economic benefits since
antiquity. As a result, they had been behind in the development process. The pre- and post-
Independence periods saw the highest rates of social and economic hardship among the Scheduled
Castes and Scheduled Tribes. The intricate constitutional process set up for the uplift of the Scheduled
Castes, Scheduled Tribes, and Other Backward Classes reflects the genuine concern of the
Constitution's founders for their advancement. Untouchability is abolished under Article 17. The State
must "advance with special care the educational and economic interests of the weaker parts of the
people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to safeguard them
from social injustice and all types of exploitation," according to Article 46. The objectives have not
been fully met despite this obvious, avowed, and determined concern of the Constitution, and
whatever has been done has been done reluctantly, ineffectually, and as a measure of concession,
forgetting that in this area we are dealing with Constitutional rights and not concession to those
classes. Examining the interactions between socioeconomic, legal, and political variables to produce
a specific matrix of social dynamics is informative. Social exclusion refers to how some groups feel
when they are excluded from taking part in the social, economic, and political life of the majority
society. It entails systemic or pervasive prejudice, ranging from socio-cultural manifestations to
economic inequities at one extreme. Economic injustices include the exploitation of labour, exclusion
from means of subsistence, and lack of access to a decent standard of living. Cultural injustices are a
result of social representational tendencies. These take the form of how dominant social groupings
marginalise or devalue particular groups of people. SCs make up around one-sixth of the total
population, but they receive proportionally less of the nation's resources. Their access to resources
for supporting their way of life, to education, to proper healthcare, and to the right to take part in
social, political, and economic institutions has all been denied. Due to their low caste rank, they have
historical ties to ritually impure professions like slaughtering, handling animal corpses, or working
with night soils. The limitations on contact and commensality with people from different castes served
to maintain social distance. Inequalities based on caste were produced by the placement of homes
outside a community. In terms of politics, the scheduled castes were given specific safeguards and
protection under the Constitution with the goal of alleviating their social disadvantages and advancing
their political, economic, and educational interests. Both vertical and horizontal political mobilisation
existed. Vertical mobilisation is the technique by which members of the upper castes mobilise the
scheduled castes politically across caste lines. This process has been made easier in the post-
 5

Independence era because to the government's quota policy and particular benefit programmes for
the scheduled castes. The political process known as "horizontal mobilisation" focuses on
strengthening the bonds between the scheduled castes and uniting them as a political force in order
to protect and advance their interests. Ambedkar made constant efforts in this direction prior to
independence. After Independence, this process persisted.1 This is demonstrated by the scheduled
castes' creation of political parties and pressure groups. However, this was only applicable to a very
small portion of the SC& ST community; the bigger sector had not undergone a great deal of
development. Untouchability was prohibited by Article 17 of the Constitution, which also outlawed
the practise. In order to criminalise the practise of untouchability, Parliament passed the
Untouchability (Offenses) Act in 1955. This was later changed to become the 1976 Protection of Civil
Rights Act. This Act made it illegal to be "untouchable" due to social or religious limitations. The
Protection of Civil Rights Act nearly fell short of its goals due to legal flaws and less severe
punishments than those found in the Indian Penal Code.

The following are the main flaws in the Protection of Civil Rights Act of 1976:

• Neither the Constitution nor the aforementioned Act define the term "untouchability." The Act
makes "practising untouchability in any manner" illegal. The term "practise" is used to refer to
more than just "process." There should be a number of times for anything to be considered
"practise," yet it doesn't have to be customary. Therefore, the Act itself does not explicitly state
what constitutes an untouchability offence or the precise standards by which an untouchability
offence is to be judged by a court.2
• The Act also had phrases that made prosecution a little difficult. For example, the Act merely
prohibited discriminatory access to resources and facilities in "public" areas. In accordance with
the Act's limitations, only people "professing the same religion or belonging to the same religious
denomination or any branch thereof" are permitted entry to and use of buildings, such as temples
and other places of public worship.
• Acquittal due to Compromise: According to Section 15(b) of the previous Act, "any such offence
may, with the Court's permission, be compounded." The offences are now non-compoundable,
even if this isn't explicitly stated under Section 15(A) of the amended Civil Rights Act. Since the
Act does not explicitly state this, Section 15(1) states that any offence penalised by the Act must

1
Planning Commission, Crimes and Atrocities against SCs & STs with special reference to implementation of
Protection of Civil Rights (PCR) Act, 1955 and the Prevention of Atrocities (POA) Act, 1989 in States of Andhra
Pradesh, Himachal Pradesh, Gujarat, Maharashtra, West Bengal, Orissa, Socio Economic & Educational Development
Society.
2
Lakshmi Devi, The Protection of Civil Rights Act 1955 (As Amended In 1976): Some Observations, Ijsw.
 6

be cognizable and may be prosecuted summarily by a Judicial Magistrate of First Class, unless it
is punishable by a minimum term of imprisonment more than three months.

The law-and-order apparatus lacked the expertise and even social motivation to carry out such social
legislation. As a result, a more thorough and severe Act was needed to safeguard SCs and STs against
violence committed by other populations.

Major instances where victims were denied justice by the legal system –

1. In Kizhavenmani, Tamil Nadu (1958), 44 SCs were set on fire and killed because they demanded
an increase in their pitifully low salaries as SC farm labourers. The Tamil Nadu High Court
cleared everyone of charges.
2. Five SCs were massacred in Karamchedu, Andhra Pradesh (1984). Many of the accused were
found guilty by the trial court. However, the High Court exonerated everyone. A vivid illustration
that acquittals do not always imply fraudulent cases is the Supreme Court's upholding of the trial
court's ruling.3

As a result, the SC/ST (PoA) Act, also known as the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, was created. It is a unique law that addresses crimes specifically
perpetrated against SC/ST community members in India and is referred to as "atrocities." It includes
the entirety of India. In accordance with the legislation, a variety of discriminatory acts against caste
and tribal identity can be reported, prosecuted, and victims can receive legal assistance.

3
National Human Rights Commission, Constitutional and Civil Rights to Protect Scheduled Castes and Scheduled Tribes
from Atrocities and The Law against Witch Hunting (2021).
 7

Chapter-II
ACT OVERVIEW

1. The act is the primary legislation that aims at preventing the occurrence of atrocities against SC
& ST.
2. According to the Act, Special Courts and Exclusive Special Courts shall be established for the
purpose of trying for trying individual charged with the atrocities.

For every Special Court the state government shall by notification in the official gazette appoint
Public Prosecutor or an advocate as a special public prosecutor for the purpose of conducting cases
in that court. Without the consent of a magistrate Court, the Special Court cannot entertain a
complaint. The Court in Raj Mal v. Ratan Singh (1988)4 held that, under Section 14 of the Act, the
Judicial Magistrate does not have jurisdiction to hear the complaint under this legislation and that the
Special Court constituted under Section 14 of the Act can hear the complaint and take cognizance. It
is not required that the case be referred to the Special Court by the Magistrate, as is the case in most
Sessions cases.

3. Funds are provided for their free rehabilitation, travel, expenses and maintenance expenses with
officers empowered to ensure that the act is appropriate implemented.
4. Additionally, the act sets out to make Dalits on integral part of society and to protect their rights
when crimes threaten to violate their: -
a) Social rights
b) Economic rights
c) Democratic rights
d) Political rights
5. The act works to prevent deprivation and assists marginalised communities in advocating it.

4
1998 CriLJ 3922
 8

Chapter-III

SHORT TITLE, LONG TITLE & PREAMBLE

Short Title of the Act

The POA (PREVENTION OF ATROCITIES ACT) 1989

• It extends to the whole of INDIA

• It was enacted in the 40th year of Republic of Indi

Long title of the Act

THE SCHEDULED CASTES & SCHEDULED TRIBES (PREVENTION OF ATROCITIES ACT)

1989

Preamble

According to the preamble of the SC/ST Act, it is an Act to prevent the commission of offences of
atrocities against SC/STs, to provide for Special Courts for the trial of such offences and for the relief
and rehabilitation of the victims of such offences.

EXPLANATION

• Act delineates specific crimes against Scheduled Castes and Scheduled Tribes as atrocities,
and describes strategies and prescribes punishments to counter these acts.
• The Act attempts to curb and punish violence against Dalits through three broad means.

1. It identifies what acts constitute atrocities.

2. Convert an existing sessions court in each district into a Special Court to try cases registered under
the POA.

3. The Act creates provisions for states to declare areas with high levels of caste violence to be
atrocity-prone and to appoint qualified officers to monitor and maintain law and order.

4. Indian Constitution, the essence of the act emanates for these Articles – 14,15,17,29,30,46
 9

Chapter-IV

SALIENT FEATURES, AMENDMENTS & IMPORTANT SECTIONS

Salient Feature

1. There is no provision for anticipatory bail for the accused. – The Supreme court finds that the Act
has been misused, and its spread hates. Court said anticipatory bail can be granted under this Act
in the Supreme Court and the High Courts only. Under the public pressure parliament made the
Amendment in sec18 A of the Act and canceled the provision of anticipatory bail.
2. No prior permission to arrest the accused for investigation officer form senior police officials –
One of the best features of the Act is as per the record the atrocities has been done by the dominant
people and that can be managed by evidences Act, that's the action needed as early as possible.
And the police can arrest the accused without any permission from higher police officials.
3. Provide trial by special courts – The Chhattisgarh high court has held that special court constituted
under section 14 of the scheduled caste and the scheduled tribes Act has powers & jurisdiction to
invoke provision section 156(3) of the CrPC & direct for the registration of FIR and investigation.
4. Investigation officer not below the rank of deputy superintendent of police

Amendments

1989 – Sec 1 is of this act amended by the parliament. And renamed as the Prevention of the Atrocity
Act, and also called as SC ST Act.

2015 – The amendments have brought new offenses under the Act. They include tonsuring of head
and mustache of members of the SCs and STs, garlanding them with chappals, denial of access to
irrigation facilities or forest rights, compelling them to do manual scavenging or to dispose of or carry
animal carcasses, or dig graves, imposing social or economic boycott on the community, preventing
them from filing of nomination for elections, and using of words, acts or gestures of a sexual nature.
Moreover, wrongfully occupying land belonging to the SCs or STs and dispossessing them of their
land are offenses under the amendment.

2018 – Dr.Subhash Kashinath Mahajan vs State of Maharashtra on 20 march, 2018 -The Supreme
court finds that the Act has been misused, and its spread hates. Court said anticipatory bail can be
granted under this Act in the Supreme court and the high courts only. Under the public pressure
parliament made the Amendment in sec18 A of Act & canceled the provision of anticipatory bail.
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Important Sections

• Sec 1 – Title and Commencement.

• Sec 2 – Definition. “atrocities” means an offense punishable under sec.3

“Dependent” means the spouse, children, parents, brother, sister of the victim for support and
maintenance.

“Economic boycott” means to refuse to deal with or work for hire or to do business with another
person.

“Exclusive special court” means the court established under Sec14(1) of this act. In this court only
cases regarding SC/ST act shall proceed.

• Sec 3 – Punishment. Puts any inedible obnoxious substance into the mouth of SC/ST members;
Removing clothes in public of members of SC/ST; Not file a nomination of candidate; Compels
a member of SC/ST to dispose or carry human or animal carcasses or to dig graves.
• Sec 4 – Punishment for neglect duties shall not be punishable under six months but maybe
extended to 1 year.
• Sec 13 – Penalty for non-compliance. Any person contravening an order of special court,
punishable under imprisonment may up to 1 year.
• Sec 14 – exclusive special court
• Sec 15A – Right of witness. It shall be the duty of state responsibility to make arrangements for
protection victims, their dependence and witness, any kind of intimidation or threat of violence.
A victim shall be treated with fairness, respect, dignity with regard to special needs because of
age- or gender education disadvantage of poverty. A victim who is dependent shall have the right
to special court and exclusive special court.
• Sec 18 – the person committing an offense under the Act nothing the sec 438 CrPC not applicable.
• Sec 20 – Act override other laws, save otherwise as provided in this Act the provision of this act
shall affect notwithstanding anything inconsistent therewith contained in any other law for time
being in force or any custom or usages or any instrument having effect by virtue of any such law.
• Sec 21: Effective implementation of this act is the responsibility of the state.

Conclusion – After 75 years of independence India needs an Act like this & whenever Indians do not
think that We are Indians firstly & lastly, we can't spread fraternity. Atrocities against sc/st is a hate
crime. based on casteism & casts is the part of religion. I see the only way to prevent caste atrocities
society needs to focus on annihilation of caste, otherwise we need the Act till the caste exists.
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Chapter-V

VICTIM’S COURSE OF ACTION, GOVERNMENT MACHINERY &

JUDICIAL DECISIONS

The main focus of my presentation is to critically identify the course of action which is taken
not only by the respondents but also by important stakeholders involved in cases of SCs/STs (POA)
Act 1989. For that we need to understand how these respondents look at this particular Act.

Judges

• They feel that the Act was being misused for two major reasons.
• Firstly, the Act makes presumptions in favour of the victim and allows the victim to be
compensated for the atrocities committed against him/her even before offence is proved.
• Secondly past vengeance against another community is realized by filing a false case against them
in the Court and the frequent tendency of reconciliation or compromise, shows that they wish to
take advantage of the SCs/STs (POA) Act, 1989.
• The executive and special courts are not established in many parts of the India as well as there is
no proper allocation of budget.

Special Public Prosecutors

The rate of acquittal is high compared to convictions and according to the Special Public Prosecutors
who represent the complainant in a case, it is due to the witnesses, including the complainant
himself/herself, turning hostile and compromising the matter. Hence, the delay in filing First
Information Report by the complainant, charge sheet by the investigating police officer, poor
investigation and finally witnesses turning hostile are the main causes for acquittals. Furthermore, for
noncompliance of the Rule 7 of SCs & STs (POA) Act, 1989 which is mandatory, cases get dismissed.

Investigating Police Officers

It is always felt that there is a delay between the occurrence of the crime and its reporting to the police
station. The reasons given for this are the following: (a) the incident occurs late in the evening and
hence it is reported only on the next day and; (b) complainants tend to ask opinion of village elders
before stepping into the police station and; (c) the intervention of the village panchayat to
compromise the matter as the village panchayat normally tends to do in all the disputes.
 12

Witnesses

Witnesses form a major part of the entire trial system without whose presence the case fails very
often. The SCs/STs (POA) Act 1989 makes provision under Section 21 of the Act, to provide for
daily travel and maintenance expenses to the witnesses. Majority don’t know anything about their
entitlement for traveling allowances and also the court has no budget.

The elders of the village and panchayat members influence them to arrive at a compromise.

Victims

• Victims of cases face immense pressure to withdraw/compromise the case because the elders
of the village pressurize them to arrive at a compromise, as it is believed that they have to live
together in the same village.
• Victims are unable to give the reasons for the delay and this indicates that they are not
involved by the Special Public Prosecutors in the day-to-day proceedings/discussions of their
case and are not aware of the what is happening in the court, even in their own cases.
• The reason for filing of charge sheet exceedingly more than thirty days, was found to be due
to the non-cooperation of the police officers because they don’t believe and are not ready to
accept the caste-based violence as a crime. Also, sometimes the victims, have no caste
certificate and medical certificate to claim their happening.
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Chapter-VI

MAJOR INCIDENTS

• Karamchedu, Andhra Pradesh, 1984: Karamchedu massacre refers to an incident that

occurred in Karamchedu, Bapatla district of Andhra Pradesh on 17 July 1985, where brutality
by Kamma landlords against Dalits resulted in the killing of six Dalits and grievous injuries
to many others. Three Dalit women were raped. Hundreds of Dalits in the village were
displaced from their home after their houses were burnt and looted. The trial court convicted
many of the accused. The high court acquitted all. The Supreme Court upheld the trial court
judgment, the final verdict was delivered 23 years after the violence took place, in which the
Supreme Court of India sentenced a man to life imprisonment and 30 others to three years of
imprisonment. – a clear example that acquittals do not mean false cases.

• Kizhavenmani, Tamil Nadu, 1968: Justice Still Eludes 44 Dalits in Tamil Nadu Who
Were Charred to Death 54 Years Ago- The Kilvenmani massacre (or Keezhavenmani
massacre) was an incident in Kizhavenmani village, Nagapattinam district of Tamil Nadu
state in India on 25 December 1968 in which a group of around 44 people, their families of
striking Dalit village labourers, were murdered by a gang, allegedly led by their landlords.
The chief accused was Gopalakrishnan Naidu: The High Court acquitted all the accused.

• Some of the better-known cases of Dalit atrocities, all in Bihar’s Patna High Court, are the
Bathani Tola massacre (1996, 21 Dalits) in which all 23 Ranvir Sena accused convicted by
the lower court were acquitted in 2012; the Lakshmanpur-Bathe massacre (1997, 58
Dalits), in which 26 Ranvir Sena men were let off in 2013; the Miyanpur massacre (2000,
32 people, including Dalits), in which nine of the 10 accused were acquitted 13 years later;
and the Nagari Bazaar massacre (1998, 10 CPI-ML supporters, mostly Dalits), in which
11 accused walked free in 2013.
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Chapter-VII

SOCIO-ECONOMIC-LEGAL-POLITICAL IMPACT

SOCIAL IMPACT

1. Inherent Biasness and Prejudice – Implicate bias system prevent the victims from access to
justice. The system is unfamiliar and intimidating to the victims due to lack of transparency and
rigid legal procedure. Going through the Indian judicial system is degrading for any Dalit because
of the still existing biases of the court judges.

One example is the conduct of an Allahabad High Court judge who had his chambers "purified" with
water from the 'ganga jal' because a Dalit judge had previously sat in that chamber before him. 5

In the case of State of Karnataka v. Appa Bapu Ingale6 Justice Ramaswamy said that the High Court
was reluctant to believe the Dalits and it was considered to be a "patent error".

2. Lack of Awareness – There are ample numbers of beneficiaries of this Act who are not aware of
their right to lead a dignified life as a result of this Act. In some cases, even policemen,
prosecutors, and judicial officers are not always aware of this Act or apply it incorrectly, thus
aggravating the situation even more.
3. FREEZING of Act – Judicial adjudication has led to FREEZING of the act, where the act exists
in theory, but it is difficult to implement in practice. As the stigma of cattiest society still exists.

Example: Police refuse to register complaint under PoA Act despite being asked to do so.

ECONOMIC ASPECT

The Centre has amended Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Rules,
1995 through a notification on April 14 2016, now specifying as many as 47 categories of offences
in which states will pay compensation ranging from Rs 1 lakh to Rs 8.25 lakh to SC/ST victims.

The rules last amended in 2011 had provisions for only 22 kinds of offences with minimum
compensation ranging from Rs 60,000 to Rs 5 lakh. The enhanced amounts now must be paid by the

5 "Human Rights Watch, "Broken People: Caste Violence Against India's Untouchables"". Hrw.org. Retrieved 29
December 2008
6
Equivalent citations: AIR 1993 SC 1126, 1993 (1) ALT Cri 390, 1993 CriLJ 1029, 1992 (3) Crimes 1104 SC, JT 1992
Suppl 1 SC 588, 1992 (3) SCALE 339, 1995 Supp (4) SCC 469, 1992 Supp 3 SCR 284
 15

state within 7 days of the incident being reported, either in full or at various stages of the investigation
and trial, as per a schedule.

No. Offences Compensation Amount

1. Indecent of intentionally touching, Stalking, Sexual Rs. 2 Lakh
harassment or Sexual Assault of any SC/ST women, without
her consent.
2. A rape victim Rs. 5 Lakh
3. Victim of gang rape or acid attack damaging face Rs. 8.5 Lakh
4. Outraging modesty or sexual exploitation of a SC/ST woman Rs. 1.2 Lakh
5. Any crime against SC/ST Punishment for over 10 years,
relief of Rs 50,000
6. Murder of SC/ST Over 10 years of
imprisonment & Rs. 5 Lakh
compensation.
7. Derogatory act and insult, intimidation and humiliation. Rs. 60,000
8. Abusing by caste name in any place within public view, Rs. 1Lakh
promoting dedication of SC/ST woman as devadasi &
Garlanding with footwear or parading naked or semi-naked
9. Prevention from voting or filing nominations or any poll-related Rs. 80,000 each victim
violence or boycott during voting of SC/ST persons.
10. Victimisation of a SC/ST person at hands of a public servant Rs. 2 Lakh
11. Social or economic boycott of a Dalit person Rs. 1 Lakh
12. Denying a SC/ST person entry to an educational institution, Rs. 1 Lakh
hospital or any public place

Legal And Political Impact of The Act

• The part III of the Constitution and the prevention of atrocities act which talks about the
fundamental rights tried to abolish the caste system but failed to secure equality before law instead
to take onus of failure, the government started appeasing some sects of the communities which
resulted in cast, religion or region-based political. Shift has been from abolitions to appeasement
and vote bank politics. And that has turned out to be the major legal political impact of the act.
When we want to interpret and extrapolate on the politico-legal impact of the act we need to look
at the how the act and other legal provision are and how they have been interpreted by the court
& govt. Above all we need to look at the mindset of the institution and people regarding the act.
 16

• Pradeep Kumar v. State of Haryana & Anr. 2019 & Daya Batnagar v. State of Delhi, respective
courts, interestingly, while adopting narrow interpretation of Sec. 3(1)(r) & 3(1)(s), Court holds,
that 2 important prerequisites are intention & within public view vis-à-vis public place.
• There has always been a dichotomy regarding the nature, and impact of the act, between the
viewpoints of the minorities benefiting from the act and upper castes.
• The next occurrence brings to our notice the inability of the act to give any legal or political
rehabilitation and compensation, though despite the fact that the same has been provided, it’s the
impact of it remains questionable and fails achieve the agenda of the act.
• Jharkhand protest – adivasis say changes to tenancy laws dilute their hard-won land rights.
• The amendment to the Chotanagpur Tenancy Act and the Santhal Pargana Tenancy Act will make
the protection of Adivasi lands under the two laws ineffective, and will open the floodgates for
the alienation (transfer of the ownership of property rights) of such land. The protections under
CNT7 will no longer apply. “State officials backed the amendments to the two laws.
• National Commission for ST, recorded that amendments omit crucial provisions of taking consent
of gram sabhas, & involving them in decision-making when land is transferred for developmental
activities in Scheduled Areas. This violates requirement of 2 central legislations8 locals were
threatened by police when they showed their disapproval towards not giving their land.
• This incident brings to notice definition of atrocity itself given in act. If this is not atrocity
concealed in ambit of govt. policy, then it defiles definition of rights, atrocity in constitution.
• THE NAGRI LAND ACQUISITION case/protest of 2011-12, Nagri a village in Ranchi,
Jharkhand witnessed a 125-day protest against acquisition of land under section 17 (4) of the Land
Acquisition Act, 1894 for the purpose of urgent creation of (IIM), (IIIT), and (NURSL). The act
of acquisition was against the provisions of CNT act9. However, in this case the government
acquired the land without taking the permission of the Gram Sabha.
• The land acquisition in Nagri has become an example of the way administrative ineptitude and
politics can escalate a major controversy; a case that showed severe violation of human rights,
forceful land acquisitions and atrocities by the government. Even the SC, the highest beacon of
justice, would not support them in their endeavour. Thus, it is clear from these two incidents the
POA act & other sister acts do to necessarily fulfil the legal and political agenda they set out for.

7
[Chotanagpur Tenancy] Act and Section 20 of the SPT [Santhal Pargana Tenancy] Act
8
Panchayat Extension to Scheduled Areas Act, 1996, & the Land Acquisition, Rehabilitation & Resettlement Act, 2013
9
Chotanagpur Tenancy Act
 17

Chapter-VIII
IMPORTANT CASES, REPORTS & CRITICISM

Important Cases

1. Ramawatar v. State of MP (2011)10 – Supreme Court held that inherent powers under Article 142
of the Constitution or those of the HC under Section 482 of the CRPC may be invoked to halt
proceedings under the Act if the offences are primarily private or civil in nature and the dispute
can be settled through compromise.
2. State of Karnataka v. Dr. Shantha Raj TR (2022)11 - Only offences committed after Act's
enactment shall be registered as atrocities under Act; offences committed before its enactment
will not fall under its purview. Since Article 20(2) of Constitution prohibits retroactive enactment,
it is established criminal law that a free person can’t be prosecuted for an act that was not unlawful
at time it was committed simply because it was made unlawful by a later piece of legislation.
3. State of Maharashtra v. Subhash Kashinath Mahajan (2018)12 - Supreme Court noted that
provisions of Act that made atrocities against members of SC & STs punishable were being
abused by them against general populace. In addition, the Supreme Court's rules specified that:
• Arresting a public employee requires the approval of the hiring authority, and arresting a non-
public employee requires the approval of the S.S.P. subject to the magistrate's review.
• A preliminary investigation must be conducted by the DSP in question to determine whether the
allegations make a case under the Act and that they are not baseless or motivated, and arrests of
public employees may only be made with the approval of the hiring authority; arrests of non-
public employees may only be made with the approval of the S.S.P. subject to Magistrate review.

*** The Act was amended by Parliament in 201813 - The aforementioned guidelines are hypothetical.
However, as a result of this decision, there were numerous protests and demonstrations that spread
over the entire nation as a result of the decision. Therefore, the Parliament introduced an amendment
to this Act that essentially overturned this ruling in order to reverse the ratio of this judgement. With
the passage of the 2018 Sec. 18A Act, the following is now true:

10
2021 SCC OnLine SC 966
11
2022 SCC OnLine Kar 204
12
Criminal Appeal No.416 Of 2018
13
https://egazette.nic.in/WriteReadData/2018/188621.pdf
 18

• The registration of a First Information Report against any person shall not be subject to
preliminary inquiry; or
• The investigating officer shall not require approval for the arrest, if necessary, of any person
against whom an allegation of having committed an offence under this Act has been made and no
procedure other than that provided under this Act or the Code shall apply.

4. UOI v State of Maharashtra14 – review judgment wherein the Supreme Court partly withdrew the
directions issued in Subhash Kashinath Mahajan case.
5. Prithvi Raj Chauhan v UOI (2020)15 – Supreme Court formally upheld constitutionality of the
amendment of SC ST Act of 2018 i.e., Sec.18A.

Reports

1. Committee on the Welfare of SC & ST (2000-2001) (13th LOK SABHA) 13th REPORT on
Ministry of Law, Justice & Company Affairs (Department of Justice) – Representations of
SCs & STs in Judiciary with Special Reference to the Appointments in the Supreme Court
& High Courts.16
• Total number of recommendations given by the committee to the government = 20
• Number of recommendations ACCEPTED = 2
• Number of recommendations WITHDRAWN = 6
• Number of recommendations REJECTED = 12

2. Annual Report 2009-10 of National Crime Records Bureau, Ministry of Home Affairs17
• Total number of crimes was 64,844 against SCs (53,774) & STs (11,070)
• Crimes under the SC ST Act was the biggest type of crime after PCR Act, Hurt, Rape, Murder,
etc.
• 11,435 crimes against SCs & 2658 against STs were recorded as atrocities under the Act.

3. Reply in Lok Sabha (for the period 2018-2020)18

• Cases registered for crimes against SCs rose from 42,793 to 50,291 & of crimes against STs
from 6,528 to 8,272.

14
Review petition (crl.) No.228 of 2018 in criminal appeal no.416 of 2018
15
Writ petition [c] no. 1015 & 1016 of 2018
16
https://eparlib.nic.in/bitstream/123456789/66474/1/13_Welfare_of_Scheduled_Castes_and_Scheduled_Tribes_13.pdf
17
https://niti.gov.in/planningcommission.gov.in/docs/reports/sereport/ser/ser_atro2410.pdf
18
https://indianexpress.com/article/explained/crimes-against-scs-sts-rise-in-cases-and-trends-by-state-8044455/
 19

• Pile of Pending Cases increased from 16,323 in 2018 to over 19,825 in 2020 for SCs, & from
2,603 to 3,351 for STs in the same period.
• Uttar Pradesh, Bihar, Rajasthan, Madhya Pradesh are the leading states in terms of atrocities
against SCs & STs.

4. National Commission for Scheduled Tribes (NCST) 2008 Report19 – 5582 incidences of
crimes recorded, 7203 cases reported to Police & 19556 cases disposed off by Courts in India.
5. National Commission for Scheduled Castes 2016 Report20 – 40801 incidences of crimes
recorded, 56299 cases reported to Police & 8541 cases disposed off by Courts in India

Criticism

Major Condemnation21 - In light of increased economic hardship and agricultural losses, some of the
upper castes, such as the Patidars in Gujarat, Marathas in Maharashtra, and Jats in Haryana, are calling
for more quota. However, because the majority of these groups have historically enjoyed privilege,
these calls for reservations are incorrect. There has been an increase in demand for the PoA act among
dominant and upper castes due to SCs' perceived upward mobility.

Drawbacks22

• low rate of conviction.

• fewer victims who have been rehabilitated.
• Low awareness of the various legal remedies and provisions among the intended beneficiaries.
• small number of jurisdictions have put preventive measures in place to stop certain crimes.

Act is one of India's most frequently misapplied legislation. Many people exploit this Act to settle
personal grudges or to smear someone who is innocent.

19
https://ncst.nic.in/content/analysis-atrocities-against-scheduled-tribes
20
http://ncsc.nic.in/files/Annual%20Report%202017-18.pdf
21
https://www.iasexpress.net/sc-st-prevention-of-atrocities-act-upsc/
22
https://www.iasexpress.net/sc-st-prevention-of-atrocities-act-upsc/
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Chapter-IX

REFORMS AND SUGGESTIONS

1. Socio-cultural upliftment of SC/ST through their meaningful integration into society, by giving
adequate capacity-building opportunities through education, employment etc., must be the end of
this struggle.
2. Cases most often fail due to technical lapses, lack of evidence, the filing of counter-cases and
false cases by perpetrators, the collusion of police with the perpetrators and, deliberately lax
investigations; Non-registration of FIRs. Thus, to meet the ends of justice, improving the training
of police officers in dealing with POA cases so that they can solve the cases without any pressure
or prejudice is necessary.
3. Section 3(1)(x) of the SC/ST Act, which punishes any non-SC/ST person who “intentionally or
humiliate a member of a SC or a ST in any place within PUBLIC VIEW”, by recreating this
public-private divide, the law helps members of the upper castes maintain their privileges: This
provision needs to be amended in a manner that does not create these false distinctions between
the public and private spheres.
4. Political pressures on victims and witnesses and witnesses turning hostile is one of the main
concerns which vitiates the very purpose of the proceeding. Thus, State shall ensure the protection
of victims and witnesses.
5. We need comprehensive anti-discrimination law in line with civil rights entitlement in US & UK.
6. The government should take proactive measures to improve the participation of people from the
SC/ST community in decision-making government functioning.
7. Lack of adequate Executive Special Courts Section 14 of the PoA Act empowers the State
governments to set up Executive Special Courts for speedy trial of cases registered under the Act.
To reverse the alarming pendency rate, Executive Special Courts would focus only on atrocity
cases and deliver justice within two months of charge sheeting. However, only 12 states have
managed to set up these courts. Out of the total 423 districts in these states, merely 170 Executive
Special Courts have come into a function: Thus, to overcome this, there shall be proper
implementation of Section 14, and the duration of the trials should be minimized.
8. SC/ST commission should start a national helpline number for any harassment based on caste.
9. Increasing awareness about several legal remedies and different rights available to the
marginalized community: There are ample numbers of beneficiaries of this Act who are not aware
of their right to lead a dignified life as a result of this Act. In some cases, even police officers,
prosecutors, and judicial officers are not always aware of this Act or misapply it, thus aggravating
the situation even more.
 21

10. Vigilance Committee meetings not held Under Section 21 of the Act, Vigilance and Monitoring
committees need to be set up at the district, state and national levels to keep track of atrocities
committed at various strata of society. The 2020 WITNESS for Justice Report finds that not a
single state has held the stipulated number of 4 yearly meetings per district in 2019.
11. Provisions regarding rehabilitation shall be amended and implemented as per necessity: The Act
provides only one line regarding rehabilitation under Section 21(2)(iii). It provides for the social
and economic rehabilitation of victims. Thus, there are no specific provisions about rehabilitation,
which means that it was not dealt with. Among the problems that atrocity victims face are not
only physical pain and psychological pain but also feelings of insecurity and social avoidance,
compared with victims of other crimes. Therefore, there should be special arrangements for their
rehabilitation. In the face of atrocities, victims and their families deserve to receive full financial
support and any other assistance so that they may become economically self-sufficient without
being forced to seek wage employment from the very people or groups that brutalized them and
made them suffer.
_
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Caste cannot be abolished by inter-caste dinners

or stray instances of inter-caste marriages.
Caste is a state of mind.
- Dr. B. R. AMBEDKAR

THANK YOU