To make laws tougher to tackle atrocities against the most vulnerable sections of the population, the Centre has announced that The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, would come into forced with effect from Tuesday (January 26, 2016). The SC/ST Bill was unanimously passed by the Rajya Sabha on December 21, 2015, but without a debate, and had been awaiting a formal notification. The Lok Sabha had already passed it on August 4, 2015.
Significantly, the notification comes at a time when the Centre is facing an attack from the Opposition on the back of an ongoing student agitation in protest against the suicide of Rohith Vemula, a Dalit research scholar from Hyderabad Central University on January 17.
After the enforcement, there will be stricter prosecution for “new offences” of atrocities, such as tonsuring of head, moustache, or similar acts, which are derogatory to the dignity of members of the SC/ST community, garlanding with chappals, denying access to irrigation facilities or forest rights, dispose or carry human or animal carcasses, or to dig graves, using or permitting manual scavenging, dedicating an SC/ST woman as devadasi, abusing in caste name, perpetrating witchcraft atrocities, imposing social or economic boycott, preventing SC/ST candidates from filing of nomination to contest elections, hurting an SC/ST woman by removing her garments, forcing a member of these communities to leave house, village or residence, defiling objects sacred to members of SC/ST, touching or using words, acts or gestures of a sexual nature against members of the community.
It also allows for establishment of exclusive special courts and specification of exclusive special public prosecutors to try offences under the Act to enable speedy and expeditious disposal of cases.
Points to Note
- Addition of certain IPC offences like hurt, grievous hurt, intimidation, kidnapping etc., attracting less than ten years of imprisonment, committed against members of Scheduled Caste/Scheduled Tribe, as offences punishable under the PoA Act. Presently, only those offences listed in IPC as attracting punishment of 10 years or more and committed on members of Scheduled Caste/Scheduled Tribe are accepted as offences falling under the PoA Act.
- Establishment of Exclusive Special Courts and specification of Exclusive Special Public Prosecutors also, to exclusively try the offences under the PoA Act to enable speedy and expeditious disposal of cases.
- Power of Special Courts and Exclusive Special Courts, to take direct cognizance of offence and as far as possible, completion of trial of the case within two months, from the date of filing of the charge sheet.
- Addition of chapter on the ‘Rights of Victims and Witnesses’.
- Defining clearly the term ‘wilful negligence’ of public servants at all levels, starting from the registration of complaint, and covering aspects of dereliction of duty under this Act.
- Addition of presumption to the offences –If the accused was acquainted with the victim or his family, the court will presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise.
