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Mar 4, 2022

Protecting Scheduled Castes against discrimination and atrocities

Recently, after Argentina beat India in the women’s hockey semis at the Tokyo Olympics, two upper caste men in Haridwar shouted casteist abuses outside star striker Vandana Katariya’s home, supposedly saying that the reason behind India’s loss was that we had ‘’too many Dalit players’’. In this context, let us look at how Indian law protects Scheduled Castes.

 

How does Indian law protect Scheduled Castes (SCs)?

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 specifically deals with offences against Scheduled Castes (SCs). The Act prevents offences or atrocities against SC/ST members, and provides special courts for the trial of such offences. It also aims to offer relief and rehabilitation for SC/ST victims.

 

Offences against SCs

Section 3 of the Act punishes offences against members of SCs. Some of the major offences are listed below:

 

  1. a) Forcibly committing any act on an SC member, like removing their clothes, forcibly shaving their hair, painting their body or any other similar act which is against human dignity.
  2. b) Wrongfully driving out an SC member from their land, or interfering with their rights, including forest rights, rights over water or irrigation facilities etc.
  3. c) Employing an SC member for manual scavenging.
  4. d) Insulting or intimidating an SC member in any public place with the intention of humiliating them.
  5. e) Promoting feelings of enmity, hatred or ill-will against members of SCs.

 

Punishments under the Act

The punishment for committing any of the abovementioned offences is imprisonment for six months to five years, along with a fine.

 

Special Courts

The Act provides for speedy trial of offences against SCs. Specifically for this purpose, the State government, along with the Chief Justice of the High Court:

  1. a) establishes an Exclusive Special Court for one or more districts in the State; or 
  2. b) specifies a Sessions Court to act as a Special Court.

 

National Commission for Scheduled Castes (NCSC)

The Commission investigates and monitors the protections provided for SCs under the Constitution and other laws. It also inquires into specific complaints related to the rights of SCs. Moreover, the Commission participates and advises in the planning process related to the socio-economic development of SCs, and evaluates the progress of their development in our country. 

To know more, read our explainer.

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