From transformation to dilution: The weakening of the SC/ST (Prevention of Atrocities) Act through judicial decisions
In recent years, various courts of India’s higher judiciary have together produced a confusing jurisprudence on the application of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989, introducing elements not specified by the Act, resulting in its dilution.
Prameela K
Published on: 14 April 2024, 06:42 am
In recent years, various courts of India's higher judiciary have together produced a confusing jurisprudence on the application of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989, introducing elements not specified by the Act, resulting in its dilution.
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THE Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) (SC/ST) Act of 1989 was intended to be transformative legislation to upend various offences, indignities, humiliations and harassment suffered by the most vulnerable sections of society.
It was intended to undo many historical, social, political, cultural and economic injustices by preventing and penalising atrocities, violence and discrimination against Scheduled Caste and Scheduled Tribe communities.
However, various systemic issues, such as delayed registration of first information reports (FIRs), inadequate police investigation and long-drawn trials, have severely undermined the effectiveness of the Act.
The under-resourced special courts and the inability of the members of the SC/ST communities to access courts and secure quality legal services have led to low conviction rates.
