Increase In Number Of Cases Filed Under SC/ST ACT

INCREASE IN NUMBER OF CASES FILED UNDER SC/ST ACT

Background

• Date: December 3, 2024
• Event: In a statement to the Lok Sabha, Virendra Kumar, the Union Minister for Social Justice and Empowerment, explained why there has been an increase in the number of cases filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
• The National Crime Records Bureau (NCRB) shared data showing that more cases are being reported, which is mainly due to increased awareness of the law, better publicity, and training for police officers.

KEY DATA ON ATROCITIES

• According to NCRB data for 2022, over 67,000 cases were registered under the SC/ST Act.
• This is the highest number since 2013.
  • 57,582 cases were related to atrocities against Scheduled Castes (SC).
  • 10,064 cases were related to atrocities against Scheduled Tribes (ST).
• This increase in cases shows that more people are aware of their rights and are coming forward to report violence and discrimination.

REASONS FOR INCREASE IN CASES

• Growing Awareness: More people in SC and ST communities now know about their legal rights and how to report crimes against them.
• Wider Publicity: The government and other organizations have worked to spread information about the SC/ST Act, making more people aware that they can take legal action.
• Better Police Training: The police are being trained to handle cases related to atrocities against SCs and STs, which has encouraged more people to report such crimes.

GOVT. ACTIONS TO COMBAT ATROCITIES

The government has been taking several steps to make sure the SC/ST Act is properly enforced:

• Central Schemes: The Department of Social Justice and Empowerment is running a scheme to prevent atrocities and ensure that justice is served.
• National Helpline: A National Helpline Against Atrocities has been set up to help SC and ST people report crimes and get support.
• Role of National Commissions: The National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST) help protect SCs and STs by looking into complaints and making recommendations to the government.

DISCRIMINATION IN EDUCATIONAL INSTITUTIONS & PUBLIC SECTOR JOBS

• Alok Kumar Suman, a Janata Dal-United (JD-U) MP, raised a question about discrimination against SCs/STs in top educational institutions like Central Universities, Indian Institutes of Technology (IITs), Indian Institutes of Management (IIMs), and AIIMS. He also asked about discrimination in public sector jobs.
  • Government’s Response: The Minister said that the government does not keep data on discrimination in these institutions.
  • However, the government has taken steps to reduce discrimination by setting up:
    • SC/ST Cells in universities
    • Equal Opportunity Cells and Student Grievance Cells to help students report problems
    • Liaison Officers to look after the needs of SC and ST students

SC/ST (PREVENTION OF ATROCITIES) ACT, 1989

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was introduced to prevent crimes and atrocities against people belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs) by others who do not belong to these communities. The Act aims to protect SCs and STs from discrimination, exploitation, and violence.

KEY FEATURES

• Purpose:
  • The Act is designed to prevent atrocities against SCs and STs.
  • It punishes those who commit crimes or atrocities against SCs and STs.
• Implementation:
  • The Act is implemented by the State Governments and Union Territory Administrations.
  • The Central Government assists in the enforcement of the Act through a Centrally Sponsored Scheme.
• Punishment:
  • The Act provides punishment for those who commit offences against SCs and STs.
• Framing of Rules:
  • The Central Government has the authority to create rules to ensure the effective implementation of the Act.

TYPES OF OFFENCES

• Crimes Covered:
  • The Act covers 37 offences, including acts that harm the dignity, self-respect, and rights of SCs and STs.
  • These crimes include:
    • Denial of economic, democratic, and social rights.
    • Exploitation and abuse of the legal system.
• Exceptions:
  • The Act does not apply to crimes committed between SCs and SCs or between STs and STs.

INVESTIGATION OF OFFENCES

• Cognizable Offences:
  • All offences under this Act are cognizable, meaning the police can arrest the accused without a warrant and investigate the case immediately.
  • The investigation must be conducted by a police officer of at least the rank of Deputy Superintendent of Police (DSP).
• Investigation Timeframe:
  • The investigation must be completed within 30 days, and the report should be sent directly to the Director of the State Police.

SPECIAL COURTS

• Creation of Special Courts:
  • Special Courts are set up to try cases under this Act in each district, with the approval of the Chief Justice of the High Court.
  • These courts handle cases related to atrocities against SCs and STs on a day-to-day basis for faster trials.
    • Special Public Prosecutors:
      • For each special court, the State Government appoints a Special Public Prosecutor, who must have at least seven years of legal experience.

PUNISHMENT FOR OFFENCES

• General Punishment:
  • The minimum punishment for most offences is 6 months of imprisonment, and the maximum is 5 years, along with a fine.
  • In certain cases, the punishment can be more severe, with a minimum of 1 year and a maximum of life imprisonment or even the death sentence.
• Negligence by Public Servants:
  • Section 4 of the Act punishes public servants (who are not SC/ST members) if they neglect their duties under the Act.
  • A public servant found guilty of neglecting their duties can face up to 6 months of imprisonment.

RELIEF FOR VICTIMS

• Provision of Immediate Relief:
  • According to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, the District Magistrate or Sub-Divisional Magistrate must arrange immediate relief for victims.
  • The relief can include:
    • Cash or kind
    • Food, water, clothing, shelter, and medical aid.
    • Transport facilities and other essentials.

 THE 2016 AMENDMENT IN SC/ST

ACTOTHER LAWS PROTECTING SC & ST

The government pointed out two main laws that protect SCs and STs:

1. The Protection of Civil Rights Act (1955): This law makes it illegal to discriminate against people based on their caste in public places such as schools, temples, and government offices.
2. It specifically targets crimes such as physical violence, social discrimination, and denial of basic rights.

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