The scheduled caste and Scheduled Tribes (Prevention of atrocities) Act in 1989 prevent the commission of offences of atrocities against the member of Scheduled Caste and Scheduled Tribes to provide for special courts of trial of such offences and for rehabilitation and relief for the victims of such offences.
In this act, Atrocities means an offence punishable under section 3, code mean code of criminal procedure. Special court means Court of Session specified as special court. Scheduled Caste and Scheduled Tribes shall have meaning assigned to them in Article 366 under clause 24 and 24 of the constitution. They are defined in Indian Penal Code. There are many offences at atrocities and punishment is also given for such offence. These are-
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(a) Force a member of Schedule Caste or Schedule Tribes not to vote or vote to particular candidate or to vote in a manner other than that provided by law.
(b) Forces a member of SC’s or ST’s to drink or eat any inedible substances.
(c) Compels a member of scheduled caste or schedule tribes to do begging or any bonded labour.
(d) Being in position to dominate the will of women belonging to SC’s or ST’s and sexually exploit them.
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(e) Forces them to leave his houses, village, other places or residence.
(f) Act with intent to cause injury, insult to any member of SC’s or ST’s by dumping excreta, waste matter, and any other substance in their premises.
(g) Wrongfully disposes a member of SC’s and ST’s from his land and interferer with enjoyment of his rights.
(h) Give any false information to any pubic servant and thereby public servant to uses his lawful power to injury any member of SC’s or ST’s.
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(i) Forcibly removes the clothes from the person of a member of SC’s and ST’s or painted their face of body commit an act is derogatory to human rights and human dignity.
(j) Humiliate any member of SC’s or ST’s at public place.
(k) Use the force to women belonging to SC’s or ST’s with intent to dishonor them.
(1) Wrongfully cultivate any land owned by competent authority should be allotted member of scheduled caste or scheduled tribes.
(m) Denies these member of SC’s or ST’s to access to places of public result to which other member of public have right to access to.
The following punishment is also given on such offences against scheduled caste and scheduled tribes.
(a) Gives false evidence intending thereby to cause a proving it to be likely that he will thereby cause, any member of scheduled caste or scheduled tribes to be convicted of an offence which is not capital but punishable with imprisonment for term of 7 years, shall be punishable with imprisonment for term shall not be less than six months but which may extend to 7 years and with fine.
(b) Commit mischief by fire or he will cause destruction of any building which is ordinarily used as place of worship or place of custody of the property by member of SC’s or ST’s shall be punished with imprisonment of life and with fine.
(c) Being a public servant, commit any offence under this section shall be punishable with the imprisonment for term which shall not be less than one year which may extend to the punishment for their offence.
(d) Commit mischief by fire or he will cause destruction to any property belonging to scheduled caste or scheduled tribes shall be punishable with imprisonment which not less than six month which may extend to 7 years and with fine.
(e) Knowingly or having reason to believe that an offence have been committed, cause any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment or with the intention give any information respecting the offence which he believe to be false, shall be punishable with the punishment provided for that offence.
(f) Commits an offence under Indian Penal Code punishable with imprisonment for terms of 10 years or more against a person on the ground that such person is member of scheduled caste or scheduled tribes and person shall be punishable with imprisonment for life or with fine.
(g) False evidence intending thereby to cause or knowing it be likely that thereby cause any member of SC’s or ST’s to convicted of an offence which is capital by law for the time being in force shall be punished with the imprisonment of life and with fine or can be punished with death sentence.
(h) There is punishment for subsequent conviction. Such offence is punishable with the imprisonment for term not’ less than one year which may extend to punishment provided for that offence.
(i) Punishment for Neglect of Duties is imprisonment for term shall not be less than six months but which may extend to one year.
(j) Forfeiture of property of certain persons-when any person done an offence punishable the special court gave punishment order in writing, declare that any property movable or immovable or both belonging to person, which have been sued for commission of that offence, shall stand forfeited to Government.
The special court can pass an order that all or any of period of such trial be attached, the property which attached should be liable to forfeiture to extent it required for purpose of realization of any fine imposed.
The special court played an important role, they provide a speedy trial. The chief justice with notification of official Gazette specifies to coordinate measures taken by state government in perseverance of provision. The Central government has power to make rules and protection of acting taken in good faith.