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Externment of Persons Committing Atrocities

Last updated on Jun 14, 2022

The law designates certain areas as tribal areas or scheduled areas. If any person is likely to commit crimes or atrocities against members of SCs and STs in such areas, the Special Courts can have them removed from there. 

However, the Special Court must list down the grounds for taking such an action against anybody.1

Period of Removal Order

The order of removal can be made for a period up to 3 years. The person against whom such an order is made can request the Special Court to modify or revoke the removal order within 30 days of the passing of the order.

Disobeying Removal Order

If the person against whom a removal order is passed either fails to remove himself from the area or after being removed returns to the area without proper permission, the Special Court can have him arrested and removed to police custody outside the specified area.2 The penalty for disobeying the removal order is imprisonment up to 1 year and a fine.3

Special Permission to Enter Specified Area

The person who has been removed from the area can apply to the Special Court to enter that place for a limited period of time. If they are granted such permission, it will be conditional. The Court can even ask the person to execute a bond (with or without surety) to ensure the conditions mentioned in the permission are followed.

The Special Court has the power to revoke this permission at any time. If the permission has expired or been revoked, fresh permission needs to be taken for re-entry. 

If any of the conditions of the permission are violated, the person can be arrested by the police and be taken to the police station outside the tribal or scheduled area. 

 

  1. Section 10, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989.[↩]
  2. Section 11, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989.[↩]
  3. Section 13, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989.[↩]

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