The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (amended in 2015 to include stricter prosecution for “new offences”) aims to prevent specific atrocities (see Factoids) against backward communities in India. It makes various offences against these communities punishable and provides for relief and rehabilitation to the victims. It is in consonance with Article 17 of the Constitution (which abolishes untouchability) and forbids acts of discrimination and prejudice against Scheduled Castes and Scheduled Tribes. It is often referred to as the ‘SC/ST Act’.On March 20, 2018, the Supreme Court issued new directions for the Act to protect it against purported misuse. Crucially, the court mandated that a preliminary inquiry (of not more than 10 days) be conducted before an FIR (first information report) is filed. It also said that public servants should only be arrested under provisions of the Act after their supervising authorities have sanctioned the arrest; other arrests would require the sanction of the district’s Senior Superintendent of Police. In addition, the court clarified that anticipatory bail can be granted if there is no prima facie case (or no case at first glance) against the accused.There have been nationwide protests by SC/ST groups against this dilution of the law.