The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (POA Act)

Context:

One of the cofounders of information technology (IT) services major Infosys, Kris Gopalakrishnan, and a former director of the Indian Institute of Science (IISc) Bengaluru, Padmanabhan Balaram, have been named besides 16 others in a complaint filed under the Prevention of SC/ST Atrocities Act, according to a report The case was filed at Bengaluru’s Sadashiva Nagar Police Station following directives from the 71st City Civil and Sessions Court (CCH).

About the SC/ST Prevention of Atrocities Act, 1989

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is a law in India that prevents crimes against members of the Scheduled Castes and Scheduled Tribes. It also provides for special courts to try these crimes and rehabilitation and relief for victims.

Objective and Background

• It was enacted with a view to preventing atrocities on SCs and STs with the aim to end caste atrocities and violence.
• Based on Articles 15 and 17 of the Indian Constitution with the objective of providing protection to these vulnerable groups.
• It is an extension of the Untouchability Offences Act, 1955 and the Protection of Civil Rights Act 1955.

Key Provisions

• It specifically defines offenses against SC/ST members such as violence harassment and social discrimination.
• The punishment for the offenders is severe which is usually more severe than that under the Indian Penal Code.
• Section 18 bars anticipatory bail but allows courts to consider bail based on preliminary inquiry.
• Mandates special courts for speedy trials and SCS/T Protection Cells led by senior police officers.

Recent Amendments

• 2015 Amendment
  • Strengthened the protection for SC/STs adding new offenses like garlanding with footwear, manual scavenging and imposing social ostracism.
• 2018 Amendment
  • Abolished the need for Senior Superintendent of Police approval to make arrests hence the arrest can be made directly in atrocity cases.

Weaknesses of SC/ST Act, 1989

• Lack of Infrastructure
  • Special Courts usually lack infrastructure resulting in a huge pendency and delay in justice.
• Poor Rehabilitation
  • Very little rehabilitation is provided for the victims the Act merely provides for very vague social and economic rehabilitation.
• Lack of Awareness
  • Often the recipients and the law enforcing agencies remain ignorant about the provisions hence the law is either misused or not used fully.
• Scope of Covered Crimes
  • Blackmailing with resultant atrocities on SC/STs is also not covered in the Act.