An Analysis of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Abstract

The ‘Dalits’ (legally recognized as ‘Scheduled Castes’) and the ‘Tribals’ (legally recognized as ‘Scheduled Tribes’) are the most marginalized sections of Indian society. Many atrocities have been committed against them since time immemorial. The SC/ST (Prevention of Atrocities) Act, 1989 grants protection to the aforementioned segment of population against discrimination and atrocities.

Be that as it may, the impact and purpose of enactment of this legislation remains questionable as there is widespread concern over misuse of the provisions of this Act against innocent persons. As per the Supreme Court of India, the SC/ST act has become an instrument of “blackmail” and is being used by some to exact “vengeance” and satisfy vested interests.

This article studies the consequences leading to the enactment of this Act and analyses its provisions with a bird eye view. This article explores the intent of parliament for enactment of SCST (POA) Act, 1989 (including amendment Act of 2018) and SCST (POA) Rules, 1995 and further studies and records the the response of the Courts in upholding the provisions of this legislations.

Keywords: Scheduled Tribes, Scheduled Area, Atrocities, Tribals