SC/ST (Prevention of Atrocities) Act, 1989

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is a special criminal law intended to protect members of Scheduled Castes and Scheduled Tribes from caste-based atrocities. It seeks not only to punish specified offences, but also to prevent them and provide relief and rehabilitation to victims.

Constitutional purpose

The Act advances the constitutional commitment to dignity, equality and social justice. Article 17 abolishes untouchability, while Article 46 directs the State to protect Scheduled Castes and Scheduled Tribes from social injustice and all forms of exploitation.

Conduct prohibited by the Act

Section 3 enumerates atrocities committed by persons who are not members of a Scheduled Caste or Scheduled Tribe against members of these communities. These include specified forms of humiliation, violence, dispossession, forced labour, sexual abuse, obstruction of access to public places, and social or economic boycott.

• The Act creates specific offences that recognise the caste-targeted character of such conduct.
• It also prescribes punishment for public servants who wilfully neglect duties required under the Act.

Enforcement and victim protection

The Act establishes an institutional framework for speedy prosecution and victim support, supplemented by the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.

• Special Courts and Exclusive Special Courts may be established or designated for speedy trial, with Special Public Prosecutors conducting cases.
• State governments must undertake preventive measures and provide relief and rehabilitation to victims.
• Section 15A recognises rights of victims and witnesses, including protection, information, notice of proceedings and an opportunity to be heard at specified stages.