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SC/ST Amendment Act to come into force today

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 will come into force today.

The Act has more stringent provisions for prevention of atrocities against SCs and STs.

What does the The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment act, 2015  says?

New offences added under the Bill include:

(a) Garlanding with footwear,

(b) Compelling to dispose or carry human or animal carcasses, or do manual scavenging,

(c) Abusing SCs or STs by caste name in public,

(d) Attempting to promote feelings of ill-will against SCs or STs or disrespecting any deceased person held in high esteem

(e) Imposing or threatening a social or economic boycott. 

  • The Act seeks to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

  • Forcing an SC or ST individual to vote or not vote for a particular candidate in a manner that is against the law is an offence under the Act.

  • Wrongfully occupying land belonging to SCs or STs is an offence under the Act.  The Bill defines ‘wrongful’ in this context, which was not done under the Act.

  • Assaulting or sexual exploiting an SC or ST woman is an offence under the Act.

The Act adds that: (a) intentionally touching an SC or ST woman in a sexual manner without her consent, or (b) using words, acts or gestures of a sexual nature, or (c) dedicating an SC or ST women as a devadasi to a temple, or any similar practice will also be considered an offence. 

  • Preventing SCs or STs from (a) using common property resources,(b) entering any place of worship that is open to the public, and(c) entering an education or health institution ,is an offence.

  • The Act specifies that a non SC or ST public servant who neglects his duties relating to SCs or STs shall be punishable with imprisonment for a term of six months to one year.:

The Act specifies these duties, including: (a) registering a complaint or FIR, (b) reading out information given orally, before taking the signature of the informant and giving a copy of this information to the informant, etc. 

  • An Exclusive Special  court must be established at the district level is deemed a Special Court to provide speedy trials for offences.  A Special Public Prosecutor is appointed to conduct cases in this court.

  •   The Act adds a chapter on the rights of victims and witness:

It shall be the duty of the state to make arrangements for the protection of victims, their dependents and witnesses.  The state government shall specify a scheme to ensure the implementation of rights of victims and witnesses.

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