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OFFENCES AGAINST SCs or STs COMMUNITIES AS DEFINED UNDER SCs and STs (Prevention of Atrocities) Act 1989

person DateFebruary 24, 2017

 SCs and STs (Prevention of Atrocities) Act 1989

Under this act offences can be committed only by non-Scheduled Caste or non-Scheduled Tribes on members of the Scheduled Caste or Scheduled Tribes communities i.e.

Offender under this Act – non SCs or non STs Members

Victim under this Act – member of SCs or STs Communities

Actions to be treated as offence (atrocities) under this Act are :{ Section 3(1)}

  • Offender compelled victim to eat or drink objectionable or bad substance
  • Offender dump waste materials in the premises or neighborhood of victim with the intension to insult or annoy them
  • Garlanding with footwear, painting the face or body of victim
  • Parading naked or semi naked to the victim
  • Wrongfully occupies the farming land owned or possessed by victim
  • Destroy the crops or takes away the produce of victim
  • Forced to do beggar and other form of forced and bonded labour
  • Compelled a victim to do manual scavenging or to dig graves
  • Intentionally touching a women belonging to SCs or STs Communities in sexual manner or dedicating her as devadasi in a temple
  • Preventing victim from exercising of their right to vote or to vote according to their will
  • Preventing the chairperson or member of Panchayat who belongs to SCs or STs Communities in performance of their duties
  • Giving threat to institute false legal proceeding
  • Causing injury or annoyance by public servant on the basis of false information given to them
  • Publically humiliating and abusing the victim
  • Destroy or damage object held to be sacred by the victim’s community
  • Promoting the feeling of hatred and enmity against victim or any late person held in high esteem by the member of SCs or ST either by words spoken or written or by visible representation
  • Polluting the water of any spring, river, reservoir etc ordinarily used by victim
  • Compel the victim to leave his house, village, residence etc
  • Hindering or restricting the member of SCs or STs communities from doing the following activities :
  • Using public property i.e. river, well, water tap, bathing gaths etc
  • Riding bicycles, motorcycles, or wearing footwear’s, clothes etc in public place
  • Mounting a horse or other vehicle during weeding ceremony
  • Entering a place of worship that is open for public
  • Entering an educational or health institution
  • Practicing any profession or carrying on any business etc which other member of public have a right to use or to have access
  • Blaming for practicing witchcraft or for being a witch
  • Threatening for economic or social boycott

All the above offences are punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.

Rights of victims and witnesses (Section 15A)

  • It is the duty of State to give protection to victims, their dependents, and witnesses against any violence or threats of violence etc.
  • A victim shall be treated with respect, dignity and special care should be given to them if necessary
  • A victim or his dependent shall have the right to timely notice of any Court proceeding including any bail proceeding
  • It is the duty of Special Public Prosecutor or the State Government to inform the victim about any proceedings under this Act.
  • A victim or his dependent shall have the right to apply to the Court under this act, to summon parties for production of any documents, witnesses or examine the persons present.

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2 Responses to OFFENCES AGAINST SCs or STs COMMUNITIES AS DEFINED UNDER SCs and STs (Prevention of Atrocities) Act 1989

  1. Pawan kumar agarwal says:

    very good efforts,pl keep it up.it is a good on the part of editorial team working for the legal amicus media and forum .it is in very easy language which any new learner can understand easily.my good wishes to dr pandey and his well educated team.

  2. Pawan kumar agarwal says:

    very good efforts.

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