What is SC/ST Prevention of Atrocities Act? Key Facts Everyone Should Know

In 1989, the “Pre -surnamed Surnames and Preservation Tribe (Prevention) Law” was an Indian law aimed at preventing members of predetermined surnames and predetermined tribes.

It aims to protect these communities from discrimination and atrocities to ensure their dignity. The Law stipulates various crimes, stipulates strict punishment, and stipulates that the special court has accelerated judicial justice.

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Recently, 17 other members of the Infosys co -founder Senapathy Kris Gopalakrishnan and the Indian Institute of Science (IISC) were booked. However, IISC or K. Gopalakrishnan has no response to their allegations.

However, what exactly is the SC/CT Prevention Riking Law? Let us know!

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What are the surnames and scheduled tribal laws of the plan?

In 1989, the original surname and predetermined tribe (preventive atrocities) bill were usually called the SC/ST Law, which was formulated by the Indian Parliament to solve and prevent the riots of the surnames (SCS) and planned tribal members of the plan. And hate crime (STS).

The bill aims to provide legal protection for these marginal communities to ensure the dignity and security of discrimination and violence.

The key feature of this behavior

• Objective: The bill aims to prevent the crime of “atrocities” of SC and STS, including a series of humiliation, violence and discrimination based on the identity of the surname and the tribe.
• Legal framework: It is a special court for trials of crimes committed by SC and STS to ensure the rapid justice of the victims. The bill also stipulates the relief and rehabilitation of people affected by this atrium.
• Implementation: The law requires the state authorities to supervise regularly, including the chief minister and the premium state alert and monitoring committee, which supervise its implementation.
• Amendment: The initial legislation has been carried out several amendments to strengthen its regulations. It is worth noting that it revised in 2015 to strengthen the protection of SC and STS, and further adjusted in 2018 and 2019.

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What are the main goals of scheduled surnames and predetermined tribes (preventive atrocities)?

In 1989, the “Booking Surnames and Pre -Tribe (Prevention atrocities) Law” aims to protect Indian marginalized communities from discrimination and violence. This is the main goal of the bill:

• Prevention atrocities: The main purpose is to prevent the crime of giggles of predetermined surnames (SC) and predetermined tribes (STS), individuals who do not belong to these communities.
• Establish a special court: The Law stipulates the creation of a special court to accelerate the trial on SCS and STS to ensure the rapid implementation of justice.
• Relief and rehabilitation: It aims to provide relief and rehabilitation for victims of atrocities, meet their recent needs and support them to re -integrate into society.
• Acknowledge of rights: The Law acknowledges the continuous discrimination facing SC and STS, confirms its right to dignity and self -esteem without worrying about violence or suppression of the dominant surname.
• Surveillance and implementation: The bill stipulates the regular monitoring of the state authorities, including high -level states alert and monitoring committees to ensure effective implementation at the state and regional levels.
• Action: It emphasizes the equal rights to give SC and STS capabilities to make it an indispensable member of society, while protecting their society, economy, democracy, and political rights.

In a short summary:

• The main goals of the SC/ST method include:
• Prevent insults, humiliation and harassment of SC and STS.
• Acknowledging that although there are various constitutional guarantee measures, these communities are still facing discrimination.
• Provide a framework for justice, including punishment measures for criminals and support for victims.

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What is the punishment of the SC/ST Law?

Violation of the predetermined surnames and predetermined tribes (preventive atrocities) may lead to severe punishment, which will vary according to the nature of crimes. The following are key provisions of the punishment:

General punishment

Minimum and maximum sentence:

• Most of the crimes under the bill are the minimum of six months, which may extend five years or longer, depending on the severity of the crime.
• For some serious crimes, such as involving violence or crimes against members of the SC/ST community, in extreme cases, punishment may be as serious as life imprisonment or even death penalty.

Specific crimes and their punishment:

• Forcibly: Forcing SC/ST members to drink harmful substances or deprive clothes, which may lead to imprisonment of six months to seven years.
• The negligence of civil servants: Civil servants who deliberately ignored their responsibilities under this bill face the civil servants who were imprisoned for at least six months to a maximum of one year.
• False legal procedures: The formulation of false or malicious legal lawsuits for SC/ST individuals may also lead to major punishment, including prison for a maximum of five years.

The punishment of repeated criminals is enhanced:

In the past, individuals who were convicted based on the bill may be imposed on subsequent crimes, which may involve longer imprisonment. From one year, it has been extended to the greatest extent for specific crimes.

Summary table

Offensive	See more : Optical Illusion Challenge: If you have Hawk Eyes find the hidden Balloon in the picture within 12 seconds Minimum sentence	Maximum sentence
General atrocities of SC/ST	6 months	5 years
Serious crimes (for example, violence)	1 year	life imprisonment
Negligence of civil servants	6 months	1 year
Wrong legal procedure	6 months	5 years
Repeat the criminal (subsequent conviction)	1 year	According to specific crimes

Since the formulation of 1989, how does the SC/ST bill develop?

In 1989, the “SC/ST Act” was promulgated in India. The planned surnames and predetermined tribes (preventive atrocities) bills were to protect the marginalized communities from discrimination and violence.

Since its establishment, the bill has conducted several amendments and judicial reviews, reflecting the continuous development of social legal landscape based on the atrocities of the surname.

Historical background and formulation

The SC/ST Act passed on September 11, 1989 and took effect on January 30, 1990.

Its purpose is to solve the historical unfairness faced by the scheduled surname (SC) and the predetermined tribe (STS), and describes specific crimes against these communities by providing a legal framework.

The bill stipulates strict punishment for discrimination and violence based on surnames or tribes, thereby promoting social justice and peace.

Major amendment

2015 Amendment

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In 2015, the bill was fully amended to enhance its protection mechanism. The amendment has redefined certain crimes and proposed the establishment of a special court to accelerate the trial process of the bill.

The purpose is to ensure that the case is quickly resolved within two months of submitting the first information report (FIR).

2018 Amendment

The amendment of 2018 is particularly important because it responds to the controversial Supreme Court ruling since March 2018, which is allowed to make expected bail according to the accused of the bill.

This ruling triggered a wide range of protests throughout India because it was worried that it would destroy the protection provided by SC and STS. In response, the government amended the bill to restore its original provisions that the provisions prohibited such crime bail.

2019 Amendment

The further amendments of 2019 continued to improve the definition of crimes and improved the punishment that violated the bill. These changes are part of the continuous efforts to adapt to the contemporary challenges facing the marginalized community.

Challenge

Despite these legislative efforts, the implementation is still facing major obstacles. The report shows that the backlog of court cases is increasing; for example, the number of unjected cases has increased from approximately 175,000 in 2018 to more than 223,000 in 2020.

In addition, in accordance with the rules formulated by the bill, there are only a few states that have necessary measures to completely take necessary measures, such as establishing a special police station for handling SC/ST cases.

Judicial interpretation

The judiciary played a key role in explaining the SC/ST Act. Although some rulings have strengthened the protection of the marginal community, other rulings have aroused concerns about the abuse of law.

For example, some people claim that the bill is sometimes used for personal hatred or extortion tools. This duality emphasizes the continuous debate on balanced protection of the law.

What are the milestone -related cases related to the SC/ST Act?

The milestone cases related to the scheduled surnames and predetermined tribes (preventive atrocities) plays an important role in formulating legal landscapes in order to protect the marginal communities in India. The following are some noteworthy situations:

1) Swaran Singh and ANR. V. Punjab (2008)

The case emphasizes the importance of proper investigation based on the SC/ST Law. The Supreme Court was surprised that the conviction of the bill was shelved based on technical reasons. This emphasized that this high -tech should not destroy the justice of the victim of the riots based on the surname.

2) ARUMUGAM Servai v. Tamil Nadang (2011)

The Supreme Court ruled that in accordance with the SC/ST Law, the insults of members of the SC/ST community constituted a crime and strengthened the protection measures for discrimination and harassment of the bill.

3) Kailas and Org. V. Maharashtra State (2011)

In this ruling, the Supreme Court criticized the Court of High Courts to submit a technical withdrawal based on the evidence of the SC/ST Law, and asserted that this reason should not be released without guilty.

4) Subhash Kashinath Mahajan sue Maharashtra Prefecture (2018)

Because the Supreme Court introduced the protection measures to prevent the abuse of the SC/ST Act, it caused major controversy and led to a wide range of protests. The ruling pointed out that in some cases, the expected bail can be approved, which is the rebound of Dalit Group.

5) Prizevi Raj Chauhan (2020)

The Supreme Court maintained the effectiveness of the Constitution of the SC/ST Law in 2018. The bill aims to strengthen the protection of atrocities and clarify the regulations on the personal expected bail and procedural guarantee of the defendant 45.

6) Bachu das v. Bihar (2014)

The Supreme Court canceled the expected bail awarded by the High Court, emphasizing that if there are surface evidence of the defendant, such bail is allowed to be allowed to be allowed to be allowed to be allowed to be allowed to be allowed to be allowed to be allowed to allow it.

7) Congress Mariappan sued the police officer of the police (2014)

The case involved discrimination based on the surname, and at that time, the venue reservation was rejected due to the identity of the personal plan. The Supreme Court overturned the expected bail approved by the High Court to strictly abide by the provisions of the SC/ST Law.

Infosys co -founder Kris Gopalakrishnan has recently reserved BALARAM and 16 other Director of Indian Sciences (IISC) and other 16 related SC/ST atrocities.

The case was filed after the complaint of Durgappa, a member of a tribal Bovi community and a complaint from IISC’s former faculty staff. Durgappa claimed that he was mistakenly involved in the honey trap in 2014, which caused him to be fired by the institute.

He further claimed that he faced the surname -based abuse and threat during his tenure, and Gopalakrishnan served as a member of the board of directors.

The appeal led to register at the Sadasha Nagar Police Department of Bangalore under the instructions of the 71st City Citie Civil and Sessions Court.

Other people mentioned in the case include several outstanding numbers related to iISC and its management. As of now, neither Gopalakrishnan and IISC teachers have not publicized these allegations.

What are the next?

Source: https://dinhtienhoang.edu.vn
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