Dr Javaid Rahi
After 30 years of its existence in the country, the Scheduled Castes and the Scheduled Tribes ( SC/ST Prevention of Atrocities,) Act was extended to Union Territory of Jammu Kashmir through ‘Reorganisation Act, 2019’ – enacted by the Parliament of India in August 2019.
Though the Act was implemented in the entire country since 1989, it took three decades for its implementation to Jammu Kashmir. On the day of its introduction, it was widely hailed by Dalits besides tribal communities including Gujjars, Bakerwals, Gaddis , Sippis of Jammu and Kashmir and they termed it as a historic step to correct the discrimination, injustice meted out to SC/ST groups. The SC/ST together constitute 25 percent of the total population of UT of Jammu Kashmir.
As per Act, it impounds caste-based discrimination with Scheduled Castes and the Scheduled Tribes of India and to avert atrocities against weaker sections. The main objective of the Act prevented the commission of offences of atrocities against the members of the SC and ST.
The Act provides constitutional provisions for Special Courts / Exclusive Special Courts for the trial of such offences and also prescribes relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.
Punishable offences against SC/ST Atrocities Act.
Under the Act following offences are punishable;-
* Wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred;
* Intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view ;
* Denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to ;
* Assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty ;
* Acts with intent to cause injury, insult or annoyance to any member of a Scheduled Caste, or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood;
* Forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance; forcibly removes clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity ;
* Wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water;
* Compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do ‘begar’ or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government ;
* Forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law;
* Institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe ;
* Gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe ;
* Being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed;
* Corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or a Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used ;
* Forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other places of residence shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
* Tonsuring of the head, moustache, or similar acts which are derogatory to the dignity of Dalits or Adivasis/ Tribal ; 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 Dalit women as devadasi; abusing in caste name; perpetrating witchcraft atrocities;
* Imposing social or economic boycott;
Where to lodge complaints:-
A victim can approach law and order machinery which include District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate or any police officer not below the rank of a Deputy Superintendent of Police with a plea;
As per Act, on receipt of information of atrocities against SC/ST the officer shall conduct an inquiry and take appropriate action within the local limits of his jurisdiction.
Investigation
According to Rule 7(1)[21] investigation of an offense committed under the SC/ST Act can be investigated by an officer of Deputy Superintendent of Police (DSP) or above.
Punishment for Officer/ Officials for neglect of duties
A Public Servant (Officer/ Official) but not being a member of a Scheduled Caste or a Scheduled Tribe, on wilful neglect of his duties with regard to this Act, is/are liable to be punished with imprisonment
Special Court
In order to provide speedy trial, the Act prescribes establishment of Special Court to try the offences under this Act. In this connection the State Government with the concurrence of the Chief Justice of the High Court, specify for each district a Court of Session to be a Special Court.
Legal aid
As against existing provision of Legal aid for all others which depends on the financial status, Legal aid is available for all SC/ST victims regardless of financial status.
Special Public Prosecutor
The Act says that the Government has to appoint a Public Prosecutor or an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.
Punishment Provisions
* The Act prescribes a provision of imprisonment between six months to five years with fine if accused found guilty.
* On FIR , the accused is not entitled to get anticipatory bail from the court which makes this law very unique and forceful.
* In the said Act speedy trial are prescribed in each district in specified “special court” to try offences booked under PoA,
Implementation of the Act
As per Act, the Government has to take the following measures for the effective implementation of this Act ;
* Providing legal aid to the affected persons
* Providing travelling and maintenance expenses to victims of atrocities witness-es etc during investigation and trial of offences under this Act
* Economic and social rehabilitation of the victims
* Appointment of officers for initiating or exercising supervision over prosecutions
* Setting up of committees at such appropriate levels as the State Government may think fit to assist that the government in formulation or implementation of such measures
(The writer is a tribal researcher of J&K)
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