S
Sahaj Vidhi
Law Optional 2023 Paper II solved

'अत्याचार' को परिभाषित करें । यह भी विवेचना करें कि अनुसूचित जाति और अनुसूचित जनजाति (अत्याचार निवारण) अधिनियम, 1989 के तहत कौनसे कार्य 'अत्याचार' की श्रेणी में आते हैं । Define 'Atrocity'. Also discuss the acts that amount to 'atrocity' under the provisions of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Verified Answer

  1. Core Legal Answer & Context: 'Atrocity,' under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST PoA Act), refers to specific offenses committed against members of Scheduled Castes (SCs) and Scheduled Tribes (STs) by non-SC/ST individuals, primarily motivated by caste prejudice. The Act aims to prevent such crimes, provide for special courts, and offer relief and rehabilitation to victims. It recognizes that these acts are not merely ordinary crimes but are aggravated due to the victim's caste/tribal identity.

  2. Relevant Statutes and Sections: The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Section 3 of the Act enumerates various acts that constitute 'atrocities.' Examples include:

  • Forcing an SC/ST member to drink or eat any inedible or obnoxious substance.
  • Dumping excreta, waste matter, carcasses, or any other obnoxious substance in their premises or neighbourhood.
  • Forcibly removing clothes from the person of an SC/ST member or parading them naked or with painted face or body.
  • Wrongfully occupying or cultivating land belonging to an SC/ST member.
  • Committing any offense under the Indian Penal Code punishable with imprisonment for a term of ten years or more against an SC/ST member, knowing that such person is an SC/ST.
  • Intentionally insulting or intimidating with intent to humiliate an SC/ST member in any place within public view.
  1. Important Landmark Cases:
  • State of M.P. v. Ram Krishna Balothia (1995): The Supreme Court upheld the constitutional validity of the SC/ST PoA Act, affirming its purpose to protect vulnerable communities.
  • Prathvi Raj Chauhan v. Union of India (2020): The Supreme Court upheld the validity of amendments to the Act, which restored the original rigor regarding anticipatory bail, emphasizing the legislative intent to provide strong protection.
  1. Clear Conclusion: The SC/ST PoA Act, 1989, provides a comprehensive legal framework to define and punish 'atrocities' against SC/ST communities. By specifically criminalizing acts rooted in caste-based discrimination and violence, it seeks to ensure their dignity, safety, and equal status in society.