Introduction
The SC and ST PoA has been
lately a lot in news, as the lower house of the Parliament amended it. The
fear among SC/ST communities rose. So the topic holds utmost importance.
What was till now?
Schedule castes and Schedule tribes (prevention of atrocities)
Act, 1989
It is popularly known as prevention of atrocities (PoA) Act or
simply atrocities Act. It has prime objective to deliver justice to
marginalized sections through proactive efforts. It includes giving them
life of dignity, self-esteem and a life without fear, violence or suppression
from dominant castes.
The Act lists 22 offences relating to various
patterns or behaviors inflicting criminal offences and breaking self-esteem of
SC/ST community. This includes denial of economic, democratic and social
rights, discrimination, exploitation and abuse of legal process.
The act also provides protection to SC/ST community from social
disability such as denying access to certain places, to use customary passage,
personal atrocities like forceful drinking or eating of inedible
food, injury, and sexual exploitation. Further, it also includes atrocities
affecting properties, malicious prosecution, political disabilities and
economic exploitation. The section 14 of the Act advocates for speedy
trial in Special Court to try offences under this Act in each district.
Why there was a need to amend the (PoA) act?
In 2018, Supreme Court had expressed concern over misuse of Act
and ruled against automatic arrest of booking of accused under this law.
It also had introduced provision of anticipatory bail. It has
stated that for persons accused of committing offence under Act, approval of
senior Superintendent of Police (SSP) will be required before an arrest is
made. Further, deputy Superintendent of Police (DySP) may conduct preliminary
enquiry to find out whether there is prima facie case under act
that is – in legal practice the term generally is used to describe two
things: the presentation of enough evidence by a civil claimant to support the
legal claim, or a piece of evidence itself.
Key Features of the amendment bill 2018
1- The Amendment Act
introduced the establishment of exclusive special court and special public
prosecutors to try offences under the PoA Act, so that case is disposed of
expeditiously.
2- 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 filling of the charge sheet.
3- 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- (willful
neglect of one’s duty) under this Act.
4- More importantly, 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 identify of the victim unless
proved otherwise.
Notably --- The
new law, however does not touch section 18 of the original scheduled caste and
the scheduled tribes (prevention of atrocities) Act of 1989. This provision
does not allow an accused person, who is alleged to have caused injury to and
insulted a Dalit, to apply for anticipatory bail.
Conclusion
India is
a diverse country, large number of populations in India are belong to SC/ST.
Citizens of marginalized community face atrocities from upper caste
communities. They are beaten up by some corrupt public servants according to
some media reports. They have been facing harsh treatment from society too.
Government has introduced important features in PoA amendment bill to curb the
atrocities and usher in socio-economic justice.
