Ever since our country became independent, casteism has increased in our country. Because if there is any kind of dispute in our society, then casteism is the first issue and politics is done on it, due to which discrimination started increasing in the society, in view of which the SC ST Act was created. Let's know about this act in further detail.

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What is SC/ST Act - SC ST Act in Hindi

Under this law, the SC-ST Act was created to stop the atrocities on the Scheduled Castes and Scheduled Tribes socially and economically. When the Constitution came into force in 1950, even after that, some sections of people were deprived of their rights. And continued to be a victim of social discrimination and oppression. The SC/ST Act is also known as the Harijan Act.

When the people of such deprived classes used to demand their rights and protest against any wrong happening to them, the people of the influential class used to try to intimidate and humiliate them and they were harassed by the influential society, so on 30 January 1990, the SC-ST Act was implemented in the entire country except Jammu and Kashmir.

After this, in April 2016, some amendments were made by the Modi government to make this law more stringent, with these amendments, this law was re-implemented on 14 April 2016.

What is the purpose of the SC/ST Act?

The primary objective of this act is to protect the rights of these historically marginalized communities and protect them from caste-based discrimination, harassment, and violence.

It provides for the establishment of special courts for speedy trial of offences, and it provides for the establishment of special courts for the treatment of SC/ST cases. It also specifies various offences and penalties for those who violate the rights of Scheduled Tribe persons.

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Who are considered as Scheduled Castes and Scheduled Tribes?

Scheduled Castes (SCs) and Scheduled Tribes (STs) are groups of historically deprived and marginalized communities in India that have been designated by the Government of India to ensure their socio-economic development and protection from discrimination.

Scheduled Caste is also known as Dalit or Harijan, a word that means "oppressed" or "broken". They are individuals who are traditionally considered "untouchables" in the Hindu caste system and have faced discrimination and exclusion for centuries. The Indian Constitution recognizes 1,108 SCs, and they constitute about 16.6% of India's population.

Scheduled Tribes are indigenous communities in India that have distinct cultural, linguistic, and social identities. They have historically been marginalized and are often exploited and displaced by non-Aboriginal communities. The Indian Constitution recognizes 705 STs, and they constitute about 8.6% of India's population.

When does the SC-ST (Harijan) Act come into force?

The SC/ST Act, or the Harijan Act, applies to a person who discriminates, insults, violence, or oppresses a person belonging to the Scheduled Caste (SC) or Scheduled Tribe (ST) category on the basis of caste. The Act has been enacted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to provide protection and justice to these sections of the society. Let's know about some more main crimes of this act.

List of offences under the SC ST ACT

The Act provides for the following offences and penalties:-

• Offences of Atrocities:- These include offences such as rape , assault, kidnapping , and murder against members of the Scheduled Castes and Scheduled Tribes. There is a provision of imprisonment and fine ranging from six months to five years for such offences. kidnapping 
• Offences of neglect:- These include neglect of duties by a public servant, willful omission in inspection of workplace and places of residence, and refusal to register an offence. Such offences are punishable with imprisonment ranging from six months to one year, and fine.
• Crime of false accusation:- These include filing false cases against members of SC/ST. There is a provision of imprisonment and fine ranging from six months to one year for such offences.

When does the ST SC Act come into force?

• To force a member of the SC-ST class to feed something that is not fit for eating or drinking.
• Assault or use of force with intent to insult or outrage the modesty of a woman belonging to the Scheduled Caste or Scheduled Tribe category.
• To force a member of this class to leave his house, village or other place of residence.
• Socially ostracized a person belonging to the SC category.
• Not giving a job or work to a Harijan person.
• Trying to stop them from going to public places such as temples, hospitals, schools, etc.
• To prevent the right to vote or to force a particular person to vote by force.
• Forcing a person to strip naked to demean him or smearing black soot on a person's face to make fun of him in the society.
• To humiliate people for any reason.

What Hindi is the section of SC ST Act?

The Act is divided into several sections, which are briefly explained below:

• Section 2: This section provides definitions of various terms, including 'atrocities', 'Scheduled Castes', 'Scheduled Tribes', 'public servants', 'wilful neglect', and 'ST/SC'.
• Section 3: This section provides for punishment for offences committed under the Act. The punishment ranges from six months of imprisonment to life imprisonment with fines.
• Section 4: This section provides for the appointment of special public prosecutors to handle cases under the Act.
• Section 5: Provides for the establishment of special courts for the trial of cases under this section.
• Section 6: Confers the power of the Special Court to take cognizance of offences under this section.
• Section 7: This section provides the power of the Special Court to grant anticipatory bail in special circumstances.
• Section 8: This section provides the power of the Special Court to grant interim relief to the victim or his family.
• Section 9: This section provides the power of the Special Court to pass orders for attachment and confiscation of property in certain cases.
• Section 10: This section provides the power of the Special Court to order the payment of compensation to the victim or his family.
• Section 11: This section provides the power of the special court to take cognizance of the complaint of the victim or his family.
• Section 12: This section provides the power of the special court to transfer cases from one court to another.
• Section 13: This section empowers the Special Court to review its own orders.
• Section 14: This section empowers the state government to make rules for the effective implementation of the Act.
• Section 15: This section empowers the Central Government to issue directions to the State Governments for effective implementation of the Act.
• Section 16: This section empowers the State Government to appoint officers for the purpose of the Act.

Punishment and bail provisions in SC/ST Act

Special courts have also been arranged under the SC, ST Act 1989. Section 14 of the Act provides for a special court for trial in case of a case registered under this law, which remains in place in every state. So that action can be taken in such cases as soon as possible.

If a person commits any of the above offences with any person belonging to the Scheduled Castes or Scheduled Tribes or is found guilty under any other offence of the SC/ST Act, then the SC/ST Act provides for punishment ranging from six months to life imprisonment and fine.

To avoid the SC-ST Act, never insult any person of any Scheduled Caste or Scheduled Tribe category and do not use words like caste indication. By doing so, action can be taken under this law.

If a government official belongs to any other class and deliberately harasses the people of the SC/ST community with the intention of insulting them, he can be punished with a jail term ranging from six months to one year.

How and when to get bail in SC ST Act

If a case is registered against a person under the SC-ST Act, then it is considered a cognizable category offence, in this case, there  earlier, but after the amendment, it was decided that bail can be granted in this case after considering it by the magistrate. was no provision for anticipatory bail

If a person is arrested by the police, the police are required to file a charge sheet within 60 days of the arrest. The proceedings are taken by the special court only after the police file the charge sheet.

Provision of compensation under the ST/SC Act

If any crime is committed against any person of this category, then there is a provision to give financial assistance from Rs. 40000/- to Rs. 500000/- to the aggrieved person if the crime is proved under the general crime under the registration of FIR by a person belonging to the Scheduled Caste.

How SC/ST law is misused

Its main objective is to prevent atrocities and discrimination against Scheduled Caste (SC) and Scheduled Tribe people.

But there have been some, instances where the Act has been misused. One of the common forms of abuse is the filing of false cases against individuals from non-SC/ST communities. It is done with the intention of taking revenge or settling personal enmity. Such false cases can ruin the reputation and livelihood of innocent people.

Another form of misuse is the use of this act to settle land and property disputes. In such cases, persons belonging to non-SC/ST communities are falsely accused of grabbing their land or property.

It is important to note that such misuse not only harms innocent individuals but also undermines the purpose of the act. It is therefore important that this Act is implemented in a fair and just manner and that false cases are dealt with strictly. At the same time, it is also important to create awareness about this among the Scheduled Castes / Scheduled Tribes communities so that they can use it effectively and appropriately to protect their rights.

Supreme Court's directive on misuse of ST/SC law

According to the National Crime Records Bureau (NCRB) data, a total of 11,060 such cases were registered across the country in 2013, which were under the SC-ST Act. Out of these, 935 complaints were found to be completely wrong during the investigation, so many such cases started coming to the Supreme Court, so the Supreme Court issued some instructions which are as follows.

• The SC, ST Act cases will be investigated by an officer of at least the rank of Deputy SP.
• If a case is registered against someone, he can also be given anticipatory bail. The Magistrate will have the power to grant or not to grant anticipatory bail.
• If any government officer is booked under the SC/ST Act, then after the case is registered, that officer will not be arrested without the permission of his department.
• If a case of SC/ST Act is registered against any ordinary person, then the police will have to first take permission from the SP to arrest him.

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