Legislative History of the Scheduled Caste and Scheduled

Tribes (Prevention of Atrocities) Act, 1989

The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was
enacted in India to address the systemic discrimination and violence faced by
marginalized communities, specifically those classified as Scheduled Castes (SCs) and
Scheduled Tribes (STs). The legislative history of this Act is rooted in the socio-political
landscape of India during the late 20th century, a period marked by increasing
awareness and activism surrounding social justice issues.

Background Context
Historically, SCs and STs have faced significant social stigma, economic deprivation,
and violence. Despite constitutional provisions aimed at protecting these
communities—such as Article 17, which abolished "untouchability," and Article 46, which
promotes their educational and economic interests—there remained a substantial gap in
effective enforcement mechanisms. Reports of atrocities against SCs and STs continued
to surface, highlighting the inadequacy of existing laws to provide adequate protection or
deterrence.

In response to persistent demands from civil rights organizations, activists, and

community leaders advocating for the rights of SCs and STs, the Indian government
recognized the need for specific legislation that would address these issues more
effectively. This led to the introduction of a bill aimed at preventing atrocities against
these communities.

Legislative Process
The bill underwent extensive discussions in Parliament before being passed on January
11, 1989. It was designed not only to define specific offenses but also to establish
special courts for speedy trials. The Act came into force on March 30, 1989. Its
enactment marked a significant step towards recognizing the rights of marginalized
communities within India's legal framework.

Objectives of the Act

The primary objectives of the SC/ST Act are multifaceted:

1.​ Prevention of Atrocities: The Act aims to prevent acts of violence or

discrimination against individuals belonging to SCs and STs by criminalizing such
actions.​

2.​ Protection: It provides legal protection to victims through various means,

including establishing special courts dedicated to handling cases under this law for
expedited justice.​
 3.​ Deterrence: By defining specific offenses as atrocities against SCs and STs with
stringent penalties—including imprisonment—the Act seeks to deter potential
offenders from committing such acts.
4.​ Awareness Raising: The Act aims to enhance awareness about the rights of
SC/ST individuals within society at large, promoting social change alongside legal
protections.

Definitions Under the Act

The SC/ST Act provides clear definitions for critical terms essential for its
implementation:

●​ Scheduled Castes: These are communities recognized by the President of India

under Article 341 of the Constitution based on social backwardness.​

●​ Scheduled Tribes: Similar to SCs, these are communities recognized under

Article 342 due to their distinct culture or geographical isolation.​

●​ Atrocities: The Act explicitly defines various acts that constitute atrocities against
SC/ST individuals. These include:
○​ Causing physical harm or injury
○​ Insulting or humiliating a member based on their caste
○​ Preventing access to public places or resources
○​ Forced labor or exploitation
○​ Sexual assault or harassment

These definitions are crucial as they delineate what constitutes an offense under this
law.

Scope of the Act

The scope of the SC/ST Act is comprehensive:

1.​ Geographical Scope: The provisions apply throughout India without exception.​

2.​ Jurisdictional Scope: Special courts are established in each district specifically
designated for trying cases related to atrocities against SCs and STs. This
ensures that cases can be handled swiftly without undue delays.​

3.​ Applicability: The law applies not only to acts committed by non-SCs/STs but
also includes offenses committed by members within these communities if they
target other members based on caste-related issues.
4.​ Complaint Registration: The law mandates that any complaint regarding an
atrocity must be registered without delay at police stations designated for this
purpose; it prohibits anticipatory bail for those accused under this law.

Amendments Over Time

Since its enactment in 1989, amendments have been made to strengthen its provisions
further. Notably:

●​ In 2015, amendments expanded definitions related to atrocities against women

from SC/ST backgrounds and enhanced penalties for offenders.
●​ These amendments were introduced following widespread criticism regarding
inadequate enforcement and rising incidents of violence against marginalized
groups.

Conclusion
In summary, the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 was enacted with a focus on preventing discrimination and violence
against marginalized communities in India through defined legal frameworks
aimed at protection, deterrence, awareness-raising efforts alongside establishing
special courts for effective justice delivery. This legislation represents a critical effort by
the Indian state to uphold human rights standards for some of its most vulnerable
populations while addressing historical injustices rooted in caste-based discrimination.

Defining Atrocity against Scheduled Castes and Scheduled

Tribes

Atrocities against Scheduled Castes (SCs) and Scheduled Tribes

(STs) in India are defined under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989. This
legislation was enacted to prevent atrocities and discrimination
against these marginalized communities, ensuring their protection
and promoting social justice. The Act outlines specific acts that are
considered atrocities when committed against individuals belonging
to SC/ST communities.

Definition of Atrocity

An "atrocity" is generally understood as a cruel or violent act that

causes severe harm or suffering. In the context of the SC/ST Act,
atrocities refer to various forms of violence, discrimination, and
humiliation directed at individuals from SC/ST backgrounds based
on their caste identity. These acts are not only criminal offenses but
also reflect deep-rooted social prejudices that perpetuate inequality.
Definition of Atrocity

An "atrocity" is generally understood as a cruel or violent act that causes

severe harm or suffering. In the context of the SC/ST Act, atrocities refer to
various forms of violence, discrimination, and humiliation directed at
individuals from SC/ST backgrounds based on their caste identity. These
acts are not only criminal offenses but also reflect deep-rooted social
prejudices that perpetuate inequality.

Key Offences Constituting Atrocities

The Act explicitly defines several offences categorized as atrocities against

SCs and STs. These include:

1.​Physical Violence: Acts such as murder, grievous hurt, or assault

against individuals from SC/ST communities.
2.​Sexual Violence: This includes rape, gang rape, and other forms of
sexual harassment directed towards women from these communities.
3.​Humiliation: Acts intended to degrade individuals, such as parading
them naked or garlanding them with footwear.
4.​Economic Exploitation: Forcing individuals into bonded labor or
denying them access to public resources like water sources or places
of worship.
5.​Social Boycotts: Implementing boycotts against SC/ST individuals
based on their caste identity.
6.​Dispossession of Land: Wrongfully occupying or dispossessing land
owned by SC/ST individuals without consent.
7.​Forced Consumption: Compelling an individual to consume inedible
substances or degrading materials.

Legal Framework

The legal framework provided by the SC/ST (Prevention of Atrocities) Act

serves multiple purposes:

●​ Protection: It aims to protect members of SCs and STs from violence

and discrimination.
●​ Deterrence: By defining specific offences and prescribing
punishments, the Act seeks to deter potential offenders from
committing atrocities.
●​ Justice for Victims: The provisions ensure that victims have access to
justice through legal recourse.
Offences of Atrocities and Punishments under the SC/ST
(Prevention of Atrocities) Act
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,
is a significant legislative measure in India aimed at preventing atrocities against
members of Scheduled Castes (SCs) and Scheduled Tribes (STs). This Act
provides a legal framework to address the discrimination and violence faced by
these marginalized communities. The Act outlines specific offences categorized
under Section 3, which defines what constitutes an atrocity and prescribes
punishments for such acts.

Section 3(1): Offences Defined

Section 3(1) of the SC/ST Act enumerates various acts that are classified as
atrocities when committed against individuals belonging to SCs or STs by
individuals not belonging to these communities. Below are the key offences
defined under this section along with their respective punishments:

1.​ Forcing Consumption of Inedible or Obnoxious Substances:

○​ This offence involves compelling a person from an SC/ST community
to consume substances that are harmful or degrading.
○​ Punishment: Imprisonment for a term not less than six months but
which may extend to five years, along with a fine.
2.​ Dumping Obnoxious Substances on Premises:
○​ This includes throwing waste materials such as excreta or carcasses
near the homes of SC/ST individuals, intended to humiliate them.
○​ Punishment: Imprisonment for a term not less than six months but
which may extend to five years, along with a fine.
3.​ Garlanding with Footwear or Parading Naked/Semi-Naked:
○​ Acts intended to humiliate individuals from SC/ST communities
through public shaming.
○​ Punishment: Imprisonment for a term not less than three years but
which may extend to seven years, along with a fine.
4.​ Forcing Derogatory Acts:
○​ This includes acts such as forcibly tonsuring heads or painting bodies
in derogatory ways aimed at humiliating SC/ST individuals.
○​ Punishment: Imprisonment for a term not less than six months but
which may extend to five years, along with a fine.
5.​ Wrongful Occupation/Dispossession of Land:
○​ Taking over land owned by SC/ST individuals without their consent
constitutes an atrocity.
○​ Punishment: Imprisonment for a term not less than six months but
which may extend to five years, along with a fine.
 6.​ Forcing Begar, Bonded, or Forced Labor:
○​ Coercing individuals into labor without fair compensation is considered
an atrocity.
○​ Punishment: Imprisonment for a term not less than six months but
which may extend to three years, along with a fine.
7.​ Compelling Disposal of Carcasses or Digging Graves:
○​ Forcing SC/ST individuals into degrading tasks related to death and
disposal is classified as an atrocity.
○​ Punishment: Imprisonment for a term not less than six months but
which may extend to three years, along with a fine.
8.​ Sexual Harassment of SC/ST Women:
○​ Any form of sexual harassment directed towards women from these
communities is treated as an atrocity.
○​ Punishment: Imprisonment for a term not less than three years but
which may extend to seven years, along with a fine.
9.​ Denying Access to Public Places and Resources:
○​ Preventing SC/ST individuals from accessing public facilities such as
water sources or places of worship constitutes an atrocity.
○​ Punishment: Imprisonment for a term not less than six months but
which may extend to five years, along with a fine.
10.​ Social or Economic Boycott:
○​ Implementing boycotts against SC/ST individuals based on their caste
identity is also recognized as an atrocity.
○​ Punishment: Imprisonment for up to three years and/or fines.

Section 3(2): Enhanced Punishments

Section 3(2) specifies enhanced punishments for certain serious offences
committed against members of SCs and STs:

1.​ Rape and Gang Rape Against Women from SC/ST Communities:
○​ Such crimes are punishable under relevant sections of the Indian
Penal Code (IPC), typically leading to life imprisonment or more
severe penalties depending on circumstances.
2.​ Murder Committed Against Members of Scheduled Communities:
○​ Murder targeting members from these communities can result in
severe penalties including the death penalty or life imprisonment.
3.​ Causing Grievous Hurt During Commission of Atrocities:
○​ If grievous hurt is caused during the commission of an atrocity, it can
lead to imprisonment ranging from five years up to life imprisonment
depending on severity.
4.​ Kidnapping Members from These Communities:
○​ Kidnapping can result in severe penalties including long-term
imprisonment based on IPC provisions applicable in such cases.
 5.​ Using Weapons During Commission of Offences:
○​ If an offence is committed using weapons like firearms or other
dangerous instruments, it leads to enhanced punishment under both
the Act and relevant IPC sections.
6.​ Defiling Sacred Objects Revered by SCs/STs:
○​ Damaging objects revered by these communities can lead up to seven
years imprisonment alongside fines imposed by the court.
7.​ Promoting Enmity Between Groups Based on Caste Identity:
○​ Engaging in actions that incite hatred between different caste groups
can result in significant penalties including imprisonment up to five
years plus fines.

4. Externment procedure

Removal of Persons Likely to Commit Offences ( 10 )

The Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989, provides specific provisions regarding the removal
of individuals who are deemed likely to commit offences against
members of Scheduled Castes (SCs) and Scheduled Tribes (STs). This
mechanism is crucial in protecting vulnerable communities from
potential atrocities and ensuring their safety.

Legal Framework for Removal

Under Section 10 of the Act, the law empowers Special Courts to order
the removal of individuals who pose a threat to SCs and STs. The key
points regarding this provision include:

1.​Designation of Areas: The law designates certain areas as tribal

or scheduled areas where these protections are particularly
relevant. If an individual is identified as likely to commit crimes or
atrocities against members of these communities within such
designated areas, action can be taken.
2.​Grounds for Removal: The Special Court must provide a list of
grounds justifying the removal order. This ensures that the
decision is not arbitrary but based on specific evidence or behavior
indicating a likelihood of committing an offence.
3.​Duration of Removal: The removal order can last for a maximum
period of three years. This time frame allows for periodic review
and reassessment of the individual's behavior and circumstances.
 4. Right to Appeal: Individuals subjected to a removal order have the
right to request modification or revocation within 30 days from the date
the order is passed. This provision safeguards against unjust removals
by allowing affected individuals to present their case before the court.

5.​Consequences for Non-Compliance: If an individual fails to

comply with a removal order—either by not leaving the area or
returning without permission—the Special Court has the authority
to arrest them and place them in police custody outside the
specified area. Additionally, non-compliance can result in
penalties, including imprisonment for up to one year and/or fines.
6.​Conditional Re-entry: Individuals removed from an area may
apply for special permission to enter temporarily under specific
conditions set by the court. Such permissions are not guaranteed
and can be revoked at any time if conditions are violated.
7.​Monitoring Compliance: The enforcement of these orders is
critical, as it involves monitoring compliance with both removal
orders and any conditions attached to re-entry permissions.

11. Procedure on Failure of Person to Remove Himself from

Area
The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)
Act, 1989, commonly referred to as the SC/ST Act, was enacted in India
to prevent atrocities against members of Scheduled Castes (SC) and
Scheduled Tribes (ST). The Act provides for specific procedures and
penalties for offenses committed against these communities. One
significant aspect of the Act is the provision concerning the removal of
individuals from areas where they may pose a threat or have committed
an offense against SC/ST individuals.

Context and Legal Framework

Under the SC/ST Act, there are provisions that allow authorities to take
action against individuals who engage in discriminatory practices or
violence against members of SC/ST communities. This includes not
only criminal acts but also social ostracism and intimidation. The law
empowers local authorities to ensure that offenders are removed from
areas where they might continue their harmful actions.

Steps Involved in Removal Procedures

1.​Identification of Offender: The first step involves identifying

individuals who have been accused of committing atrocities under
the SC/ST Act. This identification can be based on complaints filed
by victims or witnesses.
2.​Investigation: Once an individual is identified, law enforcement
agencies must conduct a thorough investigation into the
allegations. This includes gathering evidence, interviewing
witnesses, and assessing the situation on the ground.
3.​Issuance of Orders: If sufficient evidence is found indicating that
an individual poses a threat to SC/ST members or has engaged in
unlawful activities, authorities can issue orders for their removal
from the area. This could involve temporary relocation or eviction
from specific locations.
4.​Enforcement: Law enforcement agencies are responsible for
enforcing these orders. They must ensure that the individual
complies with the removal order promptly and safely. This may
involve escorting the individual out of the area if necessary.
5.​Monitoring Compliance: After removal, it is crucial for local
authorities to monitor compliance with the order. This ensures that
the individual does not return to the area unlawfully and continues
to pose no threat to SC/ST communities.
6.​Legal Recourse: Individuals who are removed from an area have
legal rights and can challenge such orders in court if they believe
them to be unjustified or unlawful. The judicial system provides a
mechanism for reviewing these cases.
7.​Reintegration Process: If an individual has been removed due to
accusations but later found innocent, there should be a clear
process for reintegration into their community without stigma or
discrimination.

Consequences for Non-Compliance

If an individual fails to remove themselves after being ordered to do so,

several consequences may follow:
 ●​ Legal Action: Authorities may initiate further legal proceedings
against them under relevant sections of the SC/ST Act.
●​ Increased Penalties: Non-compliance can lead to enhanced
penalties as stipulated under various sections of this legislation.
●​ Community Impact: Continued presence in a prohibited area may
exacerbate tensions within communities and lead to further
violence or unrest.

12. Taking measurements and photographs, etc., of persons

against whom order under section 10 is made.

13. Penalty for noncompliance of order under section 10.—Any

person contravening an order of the Special Court made under
section 10 shall be punishable with imprisonment for a term which
may extend to one year and with fine

Section 16 – Power of State Government to Impose Collective

Fine

This section of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 allows the State
Government to impose collective fines under certain
circumstances, using the mechanism provided in Section 10A of
the Protection of Civil Rights Act, 1955.

Collective Fine: This is a punitive measure where a fine is

imposed on a group of people or an entire locality when an
atrocity has been committed, especially if:​

○​ The offenders are not identified, or​

○​ There is evidence of community support or silence, or​

○​ Residents help conceal the crime or fail to cooperate

with investigations.​
 ●​ Application of Section 10A, PCR Act, 1955:​

○​ This section provides the procedure for:​

■​ Imposition of the collective fine,​

■​ Realisation (recovery) of the fine,​

■​ And other related matters.​

○​ It allows the government to enforce accountability on

the community and deter future crimes by creating a
sense of responsibility.​

Point Details

Authority State Government

Power To impose and recover collective fine

Legal Basis As per Section 10A of the Protection of Civil

Rights Act, 1955

Purpose Deter atrocities and enforce community

accountability

When Applied Typically in cases of mob violence, when the

individual offenders are not identified or protected
by the local population

This excerpt is from Section 14 of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989, as
amended by Act 1 of 2016. Here's a breakdown and explanation of
each sub-section for better understanding:
Section 14: Special Court and Exclusive Special Court
Sub-section (1): Establishment

●​ Purpose: To ensure speedy trial of offences under the Act.​

●​ Provision:
○​ The State Government, with the concurrence of the Chief
Justice of the High Court, must establish an Exclusive
Special Court for one or more districts via notification in
the Official Gazette.​

○​ Proviso:
■​ In districts with fewer cases, instead of setting up a
new Exclusive Special Court, the government may
designate an existing Court of Session as a
Special Court.​

○​ Second Proviso:​

■​ These courts (whether established or designated)

are empowered to take direct cognizance of
offences under this Act — meaning they can begin
the trial process without the case being committed by
a Magistrate.​

Sub-section (2): Time-bound Disposal

●​ The State Government is responsible for establishing a

sufficient number of courts so that, as far as possible,
cases under the Act are disposed of within two months.​
Sub-section (3): Continuity of Proceedings

●​ Trials in these courts must:​

○​ Proceed day-to-day, especially until all witnesses

present are examined.​

○​ Any adjournment beyond the following day must be

justified with reasons recorded in writing by the court.​

Key Takeaways:

●​ The law aims to expedite justice for victims of atrocities under

the Act.​

●​ It provides for specialized judicial infrastructure

(Special/Exclusive Special Courts).​

●​ Emphasizes speedy and continuous trials to avoid undue

delays.​

●​ Empowers these courts to take direct cognizance, enhancing

efficiency.​

Section 15 – Special Public Prosecutor and Exclusive Special

Public Prosecutor

This section of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 outlines the appointment of public
prosecutors specifically for handling cases under this Act in Special and
Exclusive Special Courts.

🔍 Breakdown of the Section:

Sub-section (1): Special Public Prosecutor
 ●​ For every Special Court (as defined under Section 14),​

●​ The State Government must:​

○​ Specify an existing Public Prosecutor, or​

○​ Appoint an advocate as Special Public Prosecutor,​

●​ Eligibility: The advocate must have at least 7 years of practice.

Sub-section (2): Exclusive Special Public Prosecutor

●​ For every Exclusive Special Court,​

●​ The State Government must:​

○​ Specify an existing Exclusive Special Public Prosecutor, or​

○​ Appoint an advocate with minimum 7 years of practice,​

●​ The prosecutor is dedicated to conducting cases specifically under

this Act in that Exclusive Special Court.​

✅ Key Points to Remember:

Criteria Special Court Exclusive Special Court

Prosecut Special Public Exclusive Special Public

or Type Prosecutor Prosecutor

Appointe State Government (via State Government (via

d By Gazette Notification) Gazette Notification)

Eligibility Advocate with min. 7 Advocate with min. 7 years

years of practice of practice
Role Conducts cases in Conducts cases in Exclusive
Special Court under the Special Court under the
SC/ST Act SC/ST Act

🧠 Why is this Important?

●​ Ensures that experienced advocates handle sensitive and
serious offences under the Act.​

●​ Helps in efficient prosecution and boosts the victims’

confidence in the justice system.​

●​ Promotes specialization, which is crucial in cases involving

caste-based atrocities.

Section 14A – Appeals

This section of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (as amended) provides a
special appellate mechanism distinct from the general provisions
of the Criminal Procedure Code (CrPC), 1973.

Sub-section (1): Appeal on Facts and Law

●​ Overrides CrPC: Applies notwithstanding anything in the CrPC.​

●​ Right of Appeal: From any judgment, sentence, or order

(except interlocutory orders) of a:​

○​ Special Court, or
○​ Exclusive Special Court,​

●​ To: The High Court.

●​ Appeals can be on facts, law, or both.
Sub-section (2): Bail Appeals

●​ Overrides Section 378(3) of CrPC.​

●​ An appeal lies to the High Court even against bail orders (grant or
refusal) by the Special/Exclusive Special Court.

Sub-section (3): Time Limit to File Appeal

●​ Appeal Period: Must be filed within 90 days from the date of the
judgment, sentence, or order.​

●​ First Proviso: Appeal may still be entertained after 90 days, if there is

sufficient cause.​

●​ Second Proviso: But in no case can appeal be filed beyond 180

days.

Sub-section (4): Disposal Timeline

●​ Appeals should be disposed of within 3 months from the

date of admission, as far as possible.

✅ Key Points Summary:

Provision Details

Appealable Judgment, sentence, or order (not

Orders interlocutory)

Appeal Lies To High Court

Includes Bail Yes, even grant/refusal of bail can be

Orders? appealed

Filing Period Within 90 days (extendable for

sufficient cause)
Absolute Time 180 days (No appeal allowed after
Limit this)

Disposal Ideally within 3 months from

Timeline admission

●​ This section ensures speedy appellate remedies and strengthens

victim protection by enabling appeals against bail.​

●​ It reflects a departure from general CrPC norms due to the

sensitive nature of offences under the SC/ST Act.

Section 8 – Presumption as to Offences

This section of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 creates statutory presumptions
to support the prosecution and ensure accountability, especially in
cases where the power imbalance and social dynamics might make
proving intent or conspiracy difficult.

In prosecutions under this Chapter (Chapter II: Offences of Atrocities), certain

presumptions shall be made by the Special Court, unless the contrary is
proved by the accused (i.e., reversal of burden of proof).

(a) Financial Assistance = Presumption of Abetment

●​ If proved that the accused gave financial assistance in relation to

an offence committed or suspected to be committed under the Act,
●​ Then the Special Court shall presume that the accused abetted
the offence,
●​ Unless rebutted by evidence to the contrary.

📝 This targets those who indirectly support the commission of

atrocities, such as funding mobs or legal support.
(b) Group Offence + Dispute = Presumption of Common Intention/Object

●​ If A group of persons committed the offence, and

●​ The offence is linked to an existing land dispute or any other
matter,​

●​ Then the court shall presume it was done in furtherance of

common intention (IPC Sec. 34) or common object (IPC Sec.
149).​

📝 This helps attribute collective liability in cases of group violence,

often seen in caste conflicts.

(c) Personal Knowledge = Presumption of Intent

●​If:The accused personally knew the victim or their family,

●​ Then the Court shall presume discriminatory intent or motive
behind the offence.

📝 This counters common defenses where the accused may claim

ignorance of the victim’s caste or background.

Claus Presumption Condition Legal Impact

e

(a) Abetment Financial assistance given Shifts burden to accused

(b) Common Group offence + existing Enables group liability

intention/object dispute

(c) Intent/motive Accused knew the Highlights caste-based

victim/family targeting

⚖️ Why is this Important?

●​ These presumptions are designed to strengthen the prosecution.
 ●​ They reverse the usual burden of proof, recognizing the challenges faced
by victims of caste-based atrocities.
●​ The accused must prove innocence, rather than the prosecution proving
guilt from scratch on these aspects.​

Section 19 – Non-Applicability of Probation Provisions

This section of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 removes the benefit of lenient sentencing under Section
360 of the CrPC and the Probation of Offenders Act, 1958 for offenders under
this Act.

🔍 What It Says:
“The provisions of section 360 of the Code and the provisions of
the Probation of Offenders Act, 1958 shall not apply to any person
above the age of 18 years who is found guilty of having committed
an offence under this Act.”

⚖️ Explanation:
🚫 No Probation for Atrocity Offenders
●​ Section 360 of CrPCand the Probation of Offenders Act, 1958 allow courts to
release first-time or minor offenders on probation instead of sentencing
them to jail.​

●​ This section explicitly excludes these benefits for anyone over 18 who is
convicted under this Act.​

✅ Why?
●​ The SC/ST Act deals with grave human rights violations rooted in caste
discrimination.​

●​ Probation is seen as too lenient a response for such serious and socially
harmful offences.​

●​ Ensures that perpetrators face full penal consequences, reinforcing

deterrence and justice.​
✅ Key Points Summary:
Criteria Rule

Who is Persons above 18 years

affected?

What is Probation or release without sentence under CrPC §360 or

denied? Probation of Offenders Act

Applies to? Any person found guilty of an offence under the SC/ST Act

Objective To ensure strict punishment and prevent leniency in atrocity

cases

This section is a clear policy stand that atrocities against SC/ST communities
are to be treated with strict legal consequences, not as minor or excusable
offenses.

Section 21 – Duty of Government to Ensure Effective Implementation of the Act

This section of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 places a clear legal obligation
on the State Government to proactively implement the Act in both
letter and spirit, with support from the Central Government's rules.

🔍 Clause-by-Clause Explanation:
Sub-section (1): General Duty

●​ State Government must take all necessary measures for the

effective implementation of the Act.​

●​ This is subject to rules made by the Central Government,

meaning it operates within a national framework but grants
operational freedom to states.​
Sub-section (2): Illustrative (Not Exhaustive) Measures

This part lists specific actions (but is not limited to them) that state
governments should take, including:

Clau Description Purpose

se
(i) Legal aid for victims To help victims access justice
and legal remedies effectively
(ii) Travel & maintenance To ensure participation in
expenses for victims investigations and trials
and witnesses without financial burden
(iii) Economic and social To help victims rebuild their lives
rehabilitation of after facing atrocities
victims
(iv) Appointment of Ensures that cases are properly
officers to supervise monitored and not mishandled
prosecutions
(v) Committees at For policy advice, support, and
appropriate levels coordination in implementing the
Act
(vi) Periodic surveys of To identify gaps, improve
the Act's working enforcement, and suggest
better implementation
strategies
✅ Key Takeaways:
●​ This section turns administrative responsibility into a legal
duty.​

●​ Emphasizes a victim-centric approach, not just punishment.​

●​ Promotes institutional mechanisms for ongoing review and

improvement.​

📘 Why It Matters (For Exams & Practice):

●​ Shows the State’s proactive role in enforcing the Act, beyond just
court trials.​

●​ Encourages a holistic justice system: legal, economic, social,

and administrative.​

●​ Useful in policy-related or essay-type questions on

implementation challenges and reforms.​