Centre to table Bill to restore provisions of SC/ST Act

•  The Union cabinet approved a bill to restore key provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act that were struck down by the Supreme Court in March.

The Amendment Bill seeks to insert three new clauses after Section 18 of the original Act:

• The first stipulates that for the purposes of the Act, “preliminary enquiry shall not be required for registration of a First Information Report against any person.”
• The second stipulates that the arrest of a person accused of having committed an offence under the Act would not require any approval.
• The third says that the provisions of Section 438 of the Code of Criminal Procedure — which deals with anticipatory bail — shall not apply to a case under this Act, “notwithstanding any judgment or order of any Court.”

About SC/ST Act:

• The Scheduled Castes and Tribes (Prevention of Atrocities) Act is popularly known as POA, the SC/ST Act, the Prevention of Atrocities Act, or simply the Atrocities Act. The SC/ST Act was enacted on September 9, 1989. The rules for the Act were notified on March 31, 1995.
• The SC/ST Act lists 22 offences relating to various patterns or behaviours inflicting criminal offences and breaking the self-respect and esteem of the scheduled castes and tribes community. This includes denial of economic, democratic and social rights, discrimination, exploitation and abuse of the legal process.
• According to the SC/ST Act, the protection is provided from social disabilities such as denial of access to certain places and to use customary passage, personal atrocities like forceful drinking or eating of inedible food sexual exploitation, injury etc, atrocities affecting properties, malicious prosecution, political disabilities and economic exploitation.
• For speedy trial, Section 14 of the SC/ST Act provides for a Court of Session to be a Special Court to try offences under this Act in each district.
• The prime objective of the SC/ST Act is to deliver justice to marginalised through proactive efforts, giving them a life of dignity, self-esteem and a life without fear, violence or suppression from the dominant castes.

By: Vishal