PREVENTION OF ATROCITIES ACT

Subject : Legislations

Context : The Supreme Court has said that all insults or intimidations to persons belonging to Dalit or tribal communities will not be an offence under the Scheduled Castes and Scheduled Tribes( Prevention of Atrocities) Act.

Concept :

Background :

• Article 17 seeks to abolish ‘untouchability’. To enforce this , Untouchability (Offences) Act 1955 was enacted.
• The lacuna in the above act lead to the passing of Protection of Civil Rights Act 1976
• Protection of Civil Rights Act, Indian Penal Code, were inadequate to check many dimensions of atrocities meted to SC/ST. This lead to Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and Rules, 1995.
• The Scheduled Castes and Tribes (Prevention of Atrocities) Act is known as POA, SC/ST Act, the Prevention of Atrocities Act, or the Atrocities Act.

Provisions of Prevention of Atrocities Act :

• Creation of new types of offences not in the Indian Penal Code (IPC) or in the Protection of Civil Rights Act 1955 (PCRA).
• Atrocities can be committed only by non-SCs and non-STs on members of the SC or ST communities. Crimes among SCs and STs or between STs and SCs do not come under the purview of this Act.
• Defines various types of atrocities against SCs/STs and prescribes stringent punishments for the same.
• Enhanced minimum punishment for public servants.
• Punishment for neglect of duties by a public servant(Section 4)
• Cancellation of arms licenses in the areas identified where an atrocity may take place or has taken place and grant arms licenses to SCs and STs
• Denial of anticipatory bail (Section 18) provided in Section 438 of the CrPC
• Denial of probation to convict (Section 19).
• provisions for relief and compensation for victims
• Creation of Special Courts and special public prosecutor
• Mandatory, periodic monitoring system at District, State and National level
• Identification of atrocity prone areas .