THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT BILL 2014 PASSED IN LOWER HOUSE

Lok Sabha passed The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2014 by voice vote to amend The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It aims to reduce the offences against members of the SCs and STs by consolidating the existing law. The amendment added provisions for establishing special courts for the trial cases of such offences and adds various new action categories under offences. The Bill replaces the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014.

CHANGES IN THE EXISITING ACT 1989:

1) ORIGINALLY: Forcing an SC or ST individual to vote or not vote for a particular candidate in a manner that is against the law is an offence under the Act.

   CHANGE:          Amendment  adds that impeding certain other new activities related to voting will also be considered an offence.

2) ORIGINALLY: Assaulting or sexually exploiting an SC or ST woman is an offence under the Act

   CHANGE:          The Bill adds that intentionally touching an SC or ST woman in a sexual manner without her consent, or  using words, acts or gestures of a sexual nature, or dedicating an SC or ST women        

                                as a devadasi to a temple, or any similar practice will also be considered an offence. 

4) ORIGINALLY: The Act specifies that a non SC or ST public servant who neglects his duties relating to SCs or STs shall be punishable with imprisonment for a term of six months to one year.

   CHANGE:           The Bill specifies these duties, including registering a complaint or FIR, reading out information given orally, before taking the signature of the informant and giving a copy of this   

                                 Information to the informant, etc.

5) ORIGINALLY: Under the Act, a court of Session at the district level is deemed a Special Court to provide speedy trials for offences.  A Special Public Prosecutor is appointed to conduct cases in this

                                court.

   CHANGE:          The Bill substitutes this provision and specifies that an Exclusive Special Court must be established at the district level to try offences under the Bill. An adequate number of courts to be

                                established to ensure that cases are disposed of within two months.  Appeals of these courts shall lie with the high court, and must be disposed of within three months.  A Public

                                 Prosecutor and Exclusive Public Prosecutor shall be appointed for every Special Court and Exclusive Special Court respectively.

5)   The amendment defines  the term “Wrongfully” in Wrongfully occupying land belonging to SCs or STs which  is an offence under the Act.

 Author: Palak Tiwari, a freelancer writer based in Bhopal
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