SC ST Act

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

1955- Protection of Civil Rights Act to protect the fundamental and socio-economic, political, and cultural rights

Features

Special Courts for the trial and for the relief and rehabilitation of the victims
Central Government to frame rules for carrying out the purpose of the Act.
lists 22 offences relating to various patterns of behaviours inflicting criminal offences for shattering the self-respect and esteem of SCs and STs, denial of economic, democratic and social rights, discrimination, exploitation and abuse of the legal process, etc
implemented by the respective State Governments and Union Territory Administrations
amended in 2016 to add new offences to atrocities such as garlanding with footwears etc., & a chapter on the ‘Rights of Victims and Witnesses’, defining ‘willful negligence’ of public servants clearly
Supreme Court in March 2018 diluted the Act in Subhash Kashinath Mahajan vs State of Maharashtra case.

Anticipatory Bail: preliminary enquiry on whether complaint under the 1989 law is “frivolous or motivated” before registering a case.
FIR: Neither is an FIR to be immediately registered nor are arrests to be made without a preliminary inquiry. An arrest could only be made if there is “credible” information and police officer has “reason to believe” that an offence was committed.
Permission: Even if a preliminary inquiry was held and a case registered, arrest is not necessary, and that no public servant is to be arrested without the written permission of the appointing authority.

August 2018, amendment restored the bar against anticipatory bail and nullifying the apex court verdict.

section 18A does away with court-imposed requirements of undertaking preliminary inquiry and of procuring approval prior to making an arrest. It asserted that no procedure other than that specified under the Act and Cr. P. C. shall apply.

Presumption of misuse
Attaching caste to false report
Protective discrimination: in favour of down-trodden classes under Article 15(4) of the Constitution and also impermissible within the parameters laid down by this Court for exercise of powers under Article 142 of Constitution of India.
Already less reporting: Special laws for the protection flow from social realities, the discrimination they still face and the circumstances that preclude them from mustering the courage to lodge a complaint in the first place.
Crimes against SC/ST:remain vulnerable subjected to various offences, indignities, humiliations, and harassment.

National Tribal Youth Exchange Programme

To expose tribal youth to the technological and industrial advancement that has taken place in different states
To sensitize the tribal youth about their rich traditional & cultural heritage
To provide exposure to industry and Skill Development programme

Niti aayog strategy @75

To accelerate the socio-economic development of SCs, STs, OBCs, safai karamcharis as well as De-notified Tribes, Notified Tribes and Semi Nomadic Tribes through focused affirmative action.

isolation, exclusion and occupational subjugation obstacles to mainstreaming
Resources are distributed thinly among a large number of schemes, especially under the scheduled caste sub-plan (SCSP) and tribal subplan (TSP), instead of among a few targeted schemes.
limited awareness about the schemes resulting in leakages and denial of benefits.
High incidence of poverty and low educational attainment

Establish the National Institute for Tribal Research.
Earmark funds under all developmental programs for DNTs, SNTs and NTs.
Est mechanisms to regularly monitor the implementation of legislations like the Panchayat (Extension to Scheduled Areas) Act and Forest Rights Act (FRA), 2006.
Set up a permanent commission for NTs, DNTs and SNTs
Establish residential schools in uncovered blocks/districts with facilities for vocational training.
Expand the Stand-Up India scheme to include uncovered social groups like OBCs, DNTs, NTs and SNTs.
Encourage indigenous tribal medicine alongside other systems to create additional livelihood opportunities.
Extend habitat rights to Particularly Vulnerable Tribal Groups within the FRA framework.
Empower marginalized communities by promoting community-owned radio stations.

Class Notes 4 You