The Allahabad High Court recently ruled that an alleged act of intentional insult or intimidation causing humiliation qualifies as an offense under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, only if it occurs in public view.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, aims to prevent atrocities against members of the Scheduled Castes (SCs) and Scheduled Tribes (STs) by individuals not belonging to these communities. The Act stipulates penalties for various offenses against SCs and STs and empowers the Central Government to establish rules for its enforcement. The implementation of the Act falls under the jurisdiction of State Governments and Union Territory Administrations, which receive central assistance under a Centrally Sponsored Scheme to ensure effective enforcement.
Offenses and Investigation
The Act includes 37 specific offenses that involve behaviors undermining the dignity and self-respect of SC and ST communities. These offenses range from denying economic, democratic, and social rights to exploiting and abusing the legal system. Crimes committed between SCs and STs, or vice versa, are not covered by this Act. All offenses under the Act are cognizable, and investigations must be conducted by an officer of at least the rank of Deputy Superintendent of Police (DSP). Investigations must be completed within 30 days, with reports sent directly to the state police director.
Special Courts and Punishment
The Act mandates the establishment of Special Courts in each district, with the Chief Justice of the High Court's concurrence, to ensure speedy trials of atrocities against SCs and STs. These Special Courts must conduct day-to-day hearings of cases under this Act. Each Special Court will have a designated Public Prosecutor or a Special Public Prosecutor with at least seven years of legal practice to handle cases.
The minimum punishment for most offenses under the Act is six months' imprisonment, while the maximum can be up to five years and include fines. In severe cases, the minimum sentence can be one year, and the maximum can extend to life imprisonment or the death penalty. Section 4 of the Act prescribes up to six months' imprisonment for public servants who are not SC or ST members and who deliberately neglect their duties under the Act.
Relief and Support
According to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, District Magistrates, Sub-Divisional Magistrates, or other Executive Magistrates are responsible for providing immediate relief to atrocity victims, their families, and dependents. This relief includes essential items such as food, water, clothing, shelter, medical aid, and transportation.
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