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Picture Courtesy:  THE HINDU

Context

The Madras High Court has ruled that the police cannot conduct preliminary enquiries into complaints about cognisable offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989, and the First Information Reports (FIR) should be filed against the suspects immediately.

SC/ST (Prevention of Atrocities) Act 1989

It protects members of Scheduled Castes (Dalits) and Scheduled Tribes (Adivasis) from various forms of discrimination, violence, and humiliation.

The Act's main goals are: 

• to prevent brutal acts (atrocities) against SC/ST individuals, 
• to provide swift justice for victims, 
• to help them rebuild their lives through rehabilitation.

Main features and legal aspects of the SC/ST Act

How does the Act define "Atrocities"?

The Act lists various actions that count as "atrocities" under Section 3. These are crimes committed against SC/ST individuals with the intent to humiliate, injure, or discriminate against them because of their caste or tribal identity.

Examples of Atrocities

• Forcing an SC/ST person to eat or drink disgusting substances.
• Making them do forced labor or slavery.
• Preventing them from using public places like wells or temples.
• Taking away their land or making them leave their homes illegally.
• Insulting or humiliating them in public based on their caste name.
• Socially boycotting them (cutting them off from community activities).
• Giving false evidence in court to harm an SC/ST person.
• Damaging their property or crops.

What kind of punishments does the Act impose?

The Act prescribes strict penalties for those who commit atrocities. It mandates minimum imprisonment terms. For example, many offenses carry a minimum of six months to five years in prison, with fines. If someone commits an atrocity again after being previously convicted, they face even harsher, enhanced punishments.

The Act mandates the establishment of "Special Courts" and "Exclusive Special Courts" specifically for trying cases under this law.

Can an accused person get "anticipatory bail" under this Act?

The Act states that a person accused of committing an atrocity under this law cannot obtain "anticipatory bail" (pre-arrest bail).

Is a "preliminary inquiry" required?

The Act says, when a complaint is made about an atrocity, the police must register a First Information Report (FIR) immediately. They cannot conduct a "preliminary inquiry" first to decide if the complaint is true before registering the FIR.

• This provision is crucial for speedy justice and prevents police from delaying action, which historically allowed offenders to escape or destroy evidence. Recently, the Madras High Court has specifically emphasized this directive.

If a public servant neglects their duties related to the Act (for example, refusing to register an FIR or delaying an investigation), they can be punished with a minimum of six months imprisonment.

How does the Act help victims?

Financial Aid => Victims are entitled to financial aid for medical treatment, support during legal proceedings, and for rebuilding their lives.

Rehabilitation => The Act aims to provide comprehensive support, which can include temporary housing, food, and other necessities to help victims recover from the trauma and integrate back into society.

What were the key changes in the 2015 Amendment?

The 2015 Amendment strengthened the Act:

• Expanded list of atrocities => Added many new types of offenses, making the law more comprehensive. For example, acts like boycotting, obstructing voting, or abusing them on social media were included.
• Increased compensation amount for victims.

What was the impact of the 2018 Amendment?

The 2018 Amendment was a crucial legislative response to a Supreme Court judgment.

• Subhash Kashinath Mahajan vs State of Maharashtra (2018) => Supreme Court ruled that a preliminary inquiry could be conducted before registering an FIR under the Act, and anticipatory bail could be granted in some cases. 
• The Court's intention was to prevent the misuse of the law.
• 2018 Amendment => To overrule the Supreme Court judgment. It reinstated the original provisions of the Act, which prohibited preliminary inquiries and denied anticipatory bail.

What are the challenges in implementing the Act?

Under-reporting of crimes => Many crimes against SC/ST individuals go unreported due to fear of retaliation, lack of trust in the justice system, or social pressure.

Delays in investigation & prosecution => Even when reported, investigations can be slow, and court cases often drag on for years, delaying justice.

Low conviction rates => Despite the strictness of the law, the number of people convicted for atrocities remains relatively low.

By the end of 2022, investigation was pending in 17,166 cases related to SC.

In 2022, the conviction rate dropped to 32.4% from 39.2% in 2020.

Misuse allegations => However, official reports (like those from the National Crime Records Bureau) and studies indicate that the percentage of false cases is very small.

Societal biases & caste prejudices => Deep-rooted societal biases and caste prejudices continue to exist, affecting how police, lawyers, and even parts of the judiciary perceive and handle these cases.

Nearly 97.7% of all cases of atrocities against Scheduled Castes in 2022 were reported from 13 States, with Uttar Pradesh, Rajasthan and Madhya Pradesh recording the highest number of such crimes.

In 2022, Of the 9,735 cases registered under the law for STs, Madhya Pradesh reported the highest number at 2,979 (30.61%),  Rajasthan had the second highest number of cases at 2,498 (25.66%).

Way Forward

Public awareness & legal literacy => Educate SC/ST communities about their rights and the provisions of the Act, and inform the general public about its importance.

Faster and sensitive investigations => Train police to handle atrocity cases with sensitivity, conduct thorough and timely investigations, and prioritize victim support.

Training for police & judiciary => Provide specialized training to police officers, public prosecutors, and judges on the provisions of the Act and the socio-economic context of caste-based discrimination.

Strengthening victim/witness protection => Implement protection mechanisms for victims and witnesses to ensure they can testify without fear.

Addressing socio-economic disparities => Focus on overall development, education, and economic opportunities for SC/ST communities to reduce their vulnerability.

Inclusive community development => Encourage dialogue and understanding between different communities to break down caste barriers and promote social harmony.

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Source: THE HINDU