This article is written by Monalisha Jana of Adamas University, School of Law and justice, An intern under legal Vidhiya.
ABSTRACT
The present study experimentally investigated about the impact of the new prevention atrocity act, 2021 on international human right law in India. The act was enacted in 1898 to safeguard the right these classes and bring justice. The act has undergone various amendments since its enactment. Here we discuss about the atrocity act role and its amendment, Purpose of this act. Important provision which clearly written in this act like definition, punishment section. And some rights of SC-ST which should not be violated which addressed by amendment of this act. Punishable offence and its punishment. Also the right of the witness. Various implication and cases which violated SC-STs human right.
KEYWORD: – human rights, schedule tribes, schedule cast, tribals,
INTRODUCTION: –
Schedule caste and schedule tribes act which enacted by parliament of India in 1889. The act is also known as SC/ST Act. It was enacted by parliament of India for prevent atrocity and hate crimes against the schedule caste and schedule tribes. The SC and ST is educationally, economically and socially backgrounding marginalized people. This act is protecting the SC and ST against discrimination. This Act was enacted to provide legal protection and remedies for members of SC and ST who face discrimination and atrocities. The recent enactment of the Prevention of Atrocities (Amendment) Act, 2021 in India has sparked discussion about its implications for international human rights law. This Act provides punishment for offences of atrocities committed against SC and ST. It introduces certain changes to further strengthen the protection of marginalized communities and align with international human rights law principles. According to Indian constitution article 17 prohibited untouchability. And 1898 atrocity act protect the community from discrimination, violence.
- OBJECTIVE AND PURPOSE OF THE ACT: –
The objective and the purpose of the new prevention of atrocity act,2021in India is to strengthen the legal framework for the protection of marginalized communities, specifically SC and ST, from atrocities and discrimination. This amendment is aimed at addressing the gaps and challenges faced by these communities, ensuring their rights and dignity are upheld, and promoting social equality. In terms of international human rights law, the Act seeks to fulfill India’s obligations as a signatory to various international treaties and conventions, including the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. The Act also seeks to address some of the concerns raised by international human rights organizations regarding the treatment of marginalized communities in India.
- IMPORTANCE PROVISION OF THE ACT: –
Section 2 of this act dealt various definition, atrocity, code, meaning of scheduled caste and scheduled tribes, special courts, and special public prosecutor.
Section 3 of this act provide punishment of any offence that constitute atrocity against ST and SC. If a non-SC- ST person forces an SC-ST member to drink or feed harmful substance, or insults an SC-ST member, or causes or intends to injure etc. The maximum sentence in certain cases may extend up to seven years or in certain cases it can be 5 years. As per the provisions of this Act Section 4 for the punishment to the public servant, who willfully or knowingly neglects his or her duties that is required to perform. The minimum period of punishment is 6 months which may extend up to one year.
Section 5 of the Act provides for punishment on subsequent convictions which shall not be less than one year, but may extend to the punishment provided for the particular offence. Section 7 of this act provides the special court the power to order forfeiture of the property in certain offences which convicted under this act.
In this act section 10 has the power to remove a person from the limits of a particular court, if after receiving the complaint or otherwise the court believes that the person under this Act can commit a crime.
- The amendment is aimed at addressing the gaps and challenges faced by SC-ST communities, ensuring their rights and dignity are upheld, and promoting social equality.
- Non-Discrimination: –
The new Act reinforces the principle of non-discrimination enshrined in international human rights instruments, such as the Universal Declaration of Human Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. It recognizes the unique vulnerabilities faced by SC and ST and seeks to provide them with special protections.
- Right to Equality: –
The amendment seeks to ensure equal protection of the law and equal access to justice for SC and ST. This aligns with the right to equality as guaranteed by the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
- Access to Justice: –
The amendment focuses on improving access to justice for victims of atrocities by establishing special courts and providing for the appointment of special public prosecutors. This aligns with the right to an effective remedy and fair trial as enshrined in international human rights instruments.
- State Responsibility: –
The Act emphasizes the responsibility of the state to protect marginalized communities and prevent atrocities against them. This is in line with the state’s obligations under international human rights law to protect individuals and groups from human rights abuses.
The new Prevention of Atrocities (Amendment) Act, 2021 aims to bring India’s domestic legislation in line with international human rights standards and promote the rights and well-being of marginalized communities, particularly SC and ST.
- OFFENCES PUNISHABLE UNDER SC-ST ACT
Any person who is a member of SC-ST against whom any of the following offenses committed would be punishable –
- Forced to drink or eat any harmful substance;
- The cause of annoyance, injury or humiliation is thrown any waste into its premises;
- wrongfully deprived from cultivation of his land;
- wrongfully deprived someone’s rights from any land, premises or water;
- Forced to do work or beggary as a bounded laborer;
- Prevented from exercising right to vote;
- Subjected to false legal proceeding.
- Caused injury by a public servant on the basis of false information given to him;
- sexually assault of a woman;
- Deliberately insulted and humiliated in public view;
- Forced to leave his village or house;
- Intentionally harm;
- Sexual offenses such as rape, molestation, or any other form of sexual harassment against a person belonging to SC- ST.
- False complaints or false evidence against SC/ST individuals.
- Any act that prevents SC/ST individuals from exercising their legal rights or obstructs justice.
- PUNNISHMENT FOR AN OFFENCE: –
The police cam arrest without warrant and can investigated without taking any order from the court. The act prescribes both minimal and maximum punishment. the punishment for various offenses can include imprisonment ranging from 6 months to life imprisonment, along with fines. The Atrocities Act provides the establishment of special courts and special public prosecutors to ensure the effective implementation of the law. These courts are responsible for the speedy disposal of cases related to atrocities against SC-ST individuals.
SPECIAL COURTS: –
These special courts are responsible for conducting speedy trials and delivering judgments in a time-bound manner on atrocities against SC-ST. the State Government should establish a Special Court in each district that will exclusively try the offences under this Act with the concurrence of the Chief Justice of the High Court.
SPECIAL PUBLIC PROSECUTOR: –
The Act also provides for the appointment of special public prosecutors to handle cases filed under the Atrocities Act. These prosecutors are experienced lawyers appointed by the state government, and their role is to represent the prosecution during the trial. Special public prosecutors are responsible for presenting evidence, examining witnesses, and arguing the case on behalf of the prosecution. State government shall appoint a special public prosecutor for each special court.
- RIGHTS OF VICTIMS AND WITNESSES: –
Article 15 of the atrocity act define the right of victims and witnesses
- Right to wait in safe place during the court proceedings.
- Right to information on the status of investigation and prosecution of the crime.
- Right to protect from any harm.
- Right to adequate legal assistance.
- Right to either be reimbursed or paid for any expenses incurred while being a witness.
- The new Prevention of Atrocities (Amendment) Act, 2021 in India has various implications for international human rights law: –
Strengthening Protection: –
The amendment act aims to enhance the protection of marginalized communities, particularly Scheduled Castes and Scheduled Tribes, from atrocities and discrimination. This aligns with the principles of international human rights law, which emphasize the need to protect individuals and groups from discrimination and violence.
Implementation of International Obligations: –
India is a signatory to various international conventions and treaties that address human rights, including the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights. The amendment act can be seen as a step towards fulfilling India’s obligations under these treaties by addressing caste-based discrimination and violence.
Enhanced Legal Framework: –
The amendment act introduces stringent provisions to address caste-based discrimination and violence. It identifies new offenses, such as denying access to public spaces or forcing social boycotts, and enhances the penalties for existing offenses. These measures contribute to fulfilling India’s international obligations under various human rights treaties by explicitly condemning and penalizing acts of discrimination and violence.
Upholding Due Process and Fair Trials: –
The amendment act emphasizes the importance of due process and fair trials. It establishes special courts, appoints special public prosecutors, and ensures legal aid for victims. These provisions align with international human rights standards that guarantee access to justice and fair trial rights, thereby strengthening the rule of law in India.
- CASES
2018 Bhima Koregaon violence
This incident is occurred around the village of Bhima Koregaon in Maharashtra On January 1, 2018, clashes broke out between Dalit groups and certain right-wing Hindu nationalist groups during the commemoration of the 200th anniversary of the Battle of Bhima Koregaon. The Battle of Bhima Koregaon, fought in 1818, is historically significant as it involved the victory of a British East India Company force predominantly composed of Dalit soldiers over the Peshwa-led Maratha Empire.
The violence resulted in the death of one person and several injuries. There were subsequent protests and demonstrations in different parts of the country. The incident received significant attention due to its caste-based nature and the historical significance associated with the battle. The case has seen ongoing investigations and legal proceedings. Some individuals were arrested and charged under various sections of the Indian Penal Code, including the SC/ST Act, for their alleged involvement in the violence.
2016 Una Dalit Flogging incident
This incident take place in Una, Gujrat, India. Dalit men were publicly assaulted by a group of people pretext of cow protection. The incident was captured on video and widely circulated, leading to widespread outrage and protests across the country. The video footage showed the victims being tied to a vehicle and beaten mercilessly. The incident highlighted the issue of caste-based violence, discrimination, and the practice of manual scavenging, where Dalits are often forced to handle human waste. Thirty-four people were charged for atrocities and recording the video of the incident.
CONCLUSION: –
Overall, the Prevention of Atrocities (Amendment) Act, 2021 can be seen as a positive step towards strengthening the protection of human rights in India, specifically for marginalized communities. there are concerns about its potential impact on freedom of expression and its limited focus. It is crucial for India to continuously evaluate and improve its legal framework to ensure compliance with international human rights standards.
REFERENCE
- https://www.clearias.com/sc-st-prevention-of-atrocities-act/ visited by 17/7/23
- https://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989 visited by 17/7/23
- https://blog.ipleaders.in/scheduled-castes-and-scheduled-tribes-prevention-of-atrocities-act-1989/#Amendments_to_the_SC_and_ST_Act_1989 visited by 18/7/23
- https://www.legalserviceindia.com/article/l440-Scheduled-Castes-and-Tribes-Act-.html visited by 18/7/23
- https://www.epw.in/journal/2021/42/law-and-society/new-judicial-amendment-scst-prevention-atrocities.html visited by 17/7/23
- https://vikaspedia.in/social-welfare/scheduled-caste-welfare-1/the-scheduled-castes-and-the-scheduled-tribes-prevention-of-atrocities-amendment-act-2015 visited by 18/7/23
- https://eitherview.com/rights-of-a-witness-in-india/#:~:text=The%20right%20to%20protection%20from,a%20relative%20of%20the%20witness visited by 18/7/23
- https://blog.ipleaders.in/all-you-need-to-know-about-bhima-koregaon-case/ visited by 17/7/23
- https://en.wikipedia.org/wiki/2016_Una_flogging_incident visited by 18/7/23
