Common Statutory Framework for SCs and STs

The Protection of Civil Rights Act, 1955

In pursuance of Article 17 of the Constitution of India, the Untouchability (Offences) Act, 1955 was enacted and notified on 08.05.1955. Subsequently, it was amended and renamed in the year 1976 as the “Protection of Civil Rights Act, 1955”. Rules under this Act, viz “The Protection of Civil Rights Rules, 1977” were notified in 1977. The Act extends to the whole of India and provides punishment for the practice of untouchability. It is implemented by the respective State Governments and Union Territory Administrations.

Main provisions of the Protection of Civil Rights Act, 1955, are as under:-

Offences under the Act: Sections 3 - 7A of the Act define the following as offences if committed on the ground of “untouchability”, and lay down punishment for them:

• Prevention from entering public worship places, [using sacred water resources] (Section 3).
• Denial of access to any shop, public restaurant, hotel, public entertainment, cremation ground, etc.
• (Section 4).
• Refusal of admission to any hospital, dispensary, educational institutions, etc. (Section 5).
• Refusal to sell goods and render services (Section 6).
• Molestation, causing injury, insult, etc. (Section 7).
• Compelling a person on the ground of untouchability to do any scavenging or sweeping or to remove any carcass, etc. (Section 7 A).
• Punishments under the Act: Sections 8-11 of the Act contain certain preventive/deterrent provisions, which are as follows:
• Cancellation or suspension of licenses on conviction (Section 8).
• Resumption or suspension of grants made by Government (Section 9).
• Punishment for willful neglect of investigation by a public servant (Section 10).
• Power of State Government to impose collective fine (Section 10A).
• Enhanced penalty on subsequent conviction (Section 11).

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

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the PoA Act) came into force with effect from 30.01.1990. This legislation aims at preventing commission of offences by persons other than Scheduled Castes and Scheduled Tribes against Scheduled Castes and Scheduled Tribes. Comprehensive Rules under this Act, titled “Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995” were notified in the year 1995, which, inter-alia, provide norms for relief and rehabilitation. These Rules had not been amended thereafter.

The PoA Rules were amended in December, 2011, which, among other things, prescribe minimum scale of relief and rehabilitation for the affected persons (between Rs 50,000/- to Rs 500,000/-, depending upon the nature of offence). Rule 16 and 17 of the aforesaid Rules were further amended and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2013, were notified by the Central Government in the Gazette of India on 08.11.2013. The notified amendments provide for nomination by Central Government of not more than three social workers in the State and District level Vigilance and Monitoring Committees and constitution of Sub-Division level Vigilance and Monitoring committee and nomination by the Central Government of not more than three social workers in the Committee.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2014

• The Bill seeks to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.The Act prohibits the commission of offences against members of the Scheduled Castes and Scheduled Tribes (SCs and STs) and establishes special courts for the trial of such offences and the rehabilitation of victims.
• New offences added under the Bill include: (a) garlanding with footwear, (b) compelling to dispose or carry human or animal carcasses, or do manual scavenging, (c) abusing SCs or STs by caste name in public, (d) attempting to promote feelings of ill-will against SCs or STs or disrespecting any deceased person held in high esteem, and (e) imposing or threatening a social or economic boycott.
• Preventing SCs or STs from undertaking the following activities will be considered an offence: (a) using common property resources, (c) entering any place of worship that is open to the public, and (d) entering an education or health institution.