The Supreme Court of India recently addressed whether insults or intimidations aimed at individuals from Scheduled Castes (SC) or Scheduled Tribes (ST) automatically constitute an offense under the SC/ST (Prevention of Atrocities) Act, 1989.
Supreme Court Ruling:
The case involved allegations that a YouTube editor made derogatory remarks about an MLA from the SC community.
Scope of the Act:
Ruling: Insults or intimidations do not automatically constitute an offense under the SC/ST Act.
Caste Identity Link: For the Act to apply, the insult or intimidation must be specifically linked to the caste identity of the victim.
Interpretation of 'Intent to Humiliate': The intent must be closely associated with the caste identity; merely knowing the victim’s SC/ST status is not enough.
Clarification on Section 18:
Anticipatory Bail: Section 18, which bars anticipatory bail, does not completely preclude its granting.
Preliminary Inquiry: Courts must conduct a preliminary inquiry to determine if allegations meet the criteria for an offense under the Act.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
Safeguards SCs and STs from caste-based discrimination and violence, rooted in Articles 15 and 17 of the Indian Constitution.
Builds on the Untouchability (Offences) Act, 1955, and the Protection of Civil Rights Act, 1955.
Key Provisions:
Specifies offenses such as physical violence, harassment, and social discrimination as "atrocities."
Prescribes stringent penalties exceeding those under the Indian Penal Code.
Section 18 excludes anticipatory bail provisions under Section 438 of the Code of Criminal Procedure.
Establishes special courts for speedy trials and SC/ST Protection Cells at the state level.
Must be conducted by officers not below the rank of Deputy Superintendent of Police (DSP) and within a stipulated time frame.
Includes financial compensation, legal aid, and support services for victims.
Recent Amendments:
2015 Amendment:
Introduced stringent provisions and expanded the Act’s scope, including new categories of offenses and outlawed practices such as dedicating SC/ST women as devadasis.
Added provisions for sexual exploitation and neglect by public servants.
2018 Amendment:
Removed the requirement for Senior Superintendent of Police approval before arrest, allowing immediate arrests without prior approval.
