The Prevention of Atrocities Act (POAA), also known as the SC/ST Act, is India’s legislation to prevent crimes against the Scheduled Castes (SCs) and Scheduled Tribes (STs). The SC/ST Act was passed by the Parliament of India in 1989 (Wikipedia, “Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989”). Earlier laws were inadequate to prevent atrocities based on caste and ethnicity (Wikipedia). This article describes the focus of the Act, how its courts and bail system function, the 2018 controversy, and different opinions on its implementation. This article is written from a legal and policy perspective and is not legal counsel.
What is the POAA?
The Act is Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act 33 of 1989) (Wikipedia). It was enacted on September 11, 1989 (Wikipedia). The definition of atrocities is in Section 3 and the Act prescribes certain special procedures to try such atrocities (Wikipedia; Anantam IAS, “SC/ST Act”).
What was the reason for its enactment?
Following the adoption of the Constitution of India, the Untouchability (Offences) Act, 1955 was enacted to proscribe untouchability, and to impose penalty for the practices of untouchability (Wikipedia). It was later recognized that the Untouchability (Offences) Act, 1955 was inadequate to prohibit and penalize untouchability (Wikipedia). Inadequacy of other laws, such as the Protection of Civil Rights Act, 1955, and the Indian Penal Code also came to light, to mitigate crimes against members of Scheduled Castes (Wikipedia).
What does it cover?
The Act is directed against members of the Scheduled Castes and Scheduled Tribes. For more on Scheduled Castes, please see our post ‘Who are the Dalits?’ For Scheduled Tribes, please see our post ‘Scheduled Tribes & Adivasis’. Based on the data released by the National Crime Records Bureau (NCRB) of India, for the year 2023, 57,789 and 12,960 crimes were recorded against members of the Scheduled Castes and Tribes respectively (Deccan Herald, on NCRB Crime in India 2023).
What are the atrocities?
Section 3 of the Act lists the atrocities. Changes to the Act in 2015 were notified on 26th January 2016 (Wikipedia). The amendment added new offences to the Act, including, denying access to irrigation or forest rights, or dedicating a woman as a devadasi, or abusing someone with a caste name, or garlanding with a footwear. This guide will not detail the offences listed in the Act, and readers are advised to look into the text of the Act.
Special courts, procedure and approvals
Exclusive Special Courts are provided for the trial of offences under Section 14 of the Act, and the Act provides for special public prosecutors under Section 15. Prior approval of any authority is not required for registration of FIR in cases involving atrocities against members of a Scheduled Caste or Scheduled Tribe (PMF IAS).
Section 18 of the Act bars anticipatory bail. Supporters of this bar say that in a given case, an accused who is granted anticipatory bail can intimidate the victims and witnesses, causing them to not testify and eventually case collapse (Anantam IAS, “SC/ST (Prevention of Atrocities) Act, 1989: Explained”).
The 2018 judgment and the amendment
The Act saw major controversies in 2018. The events were as follows:
| Date | Event |
|---|---|
| March 20, 2018 | In Subhash Kashinath Mahajan v. State of Maharashtra, the Supreme Court held that prior to filing an FIR, a preliminary inquiry was necessary, and an approving authority had to give consent to the arrest. Anticipatory bail was also given by the Court in spite of the existence of Section 18 (Anantam IAS) |
| April 2, 2018 | Various Dalit groups across the country observed a Bharat Bandh (Anantam IAS) |
| August 20, 2018 | The 2018 Amendment Act came into effect, adding Section 18A and restoring the Act to its original form (Anantam IAS) |
| February 10, 2020 | In Prathvi Raj Chauhan v. Union of India, the Court upheld Section 18A (Anantam IAS) |
In the 2020 judgment, the Court held that if a complaint does not disclose a prima facie case under the Act, bars under Sections 18 and 18A do not apply in a given case and pre-arrest bail can be granted (Delhi Law Academy, “SC/ST Act Explained”). You can see the judgment in the Supreme Court records on Indian Kanoon. The 2018 debates were about the safeguards for arrests and the alleged misuse of the Act (Legal Service India, “SC/ST Act 1989”).
Conviction rates and enforcement
The Act is largely progressive, but shows a marked gap in outcomes. A decrease in the conviction rate is reported, although there is no uniformity in the figures reported. A source states that the rate was 42.4% in 2020 and 34% in 2022 (PMF IAS). Another source states that the conviction rate was 6.45% in 2020, 10.79% in 2022 and 12.87% in 2024 and was cited in the Rajya Sabha (Paramjeet Singh Berwal, “Safeguards against misuse”). There are discrepancies in the figures depending on the case count. Please see log.
Our post on Casteism describes the continued practice of Untouchability, and one exam guide cites delayed registration of FIRs and complaints and investigations as some of the reasons for the injustices suffered (LiveLaw, “Legal Protections for Scheduled Castes and Scheduled Tribes”).
The debate
Critics of the Act assert the need for provisions to protect against abuse (Legal Service India). One of the major arguments against the Act is the need for special courts and restrictions on anticipatory bail, as in cases of Dalits, convictions are hard to come by (Anantam IAS). Most for and against the Act agree the intention is to prosecute perpetrators of atrocities. The argument predominantly leans toward the need for safeguards against wrongful arrests.
How it fits with other laws
The 1989 Act is placed next to Article 17 and the Protection of Civil Rights Act. You can find our analysis of related caste laws in different countries here. (Documenting communities has relied increasingly on blogging, AI and email marketing skills. To fill this knowledge gap, the Ambedkarite Educational Program was launched.)
Takeaway
The Prevention of Atrocities Act, 1989, was enacted to address crimes against the Scheduled Castes and Scheduled Tribes of India. It established special courts and prohibited anticipatory bail. It was amended in 2015. Dilution of the Act in 2018 by the Supreme Court was overturned by Parliament, and the restoration was upheld by the Supreme Court in 2020, provided that no prima facie case exists. The Act is meant to ensure that Scheduled Castes and Scheduled Tribes are not victimized for asserting their rights. Conviction rates are low. The main point of controversy is the relative lack of investigation and the alleged excessive use of the law.
Frequently Asked Questions
What is the Prevention of Atrocities Act?
It is the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, a special law against caste-based crimes. It is also called the SC ST Act or the Atrocities Act.
Who does the SC ST Act protect?
It protects members of Scheduled Castes (Dalits) and Scheduled Tribes (Adivasis) against listed offences, which it calls atrocities.
Does the SC ST Act allow anticipatory bail?
Section 18 bars it for offences under the Act. The 2020 Prathvi Raj Chauhan ruling says the bar does not apply where the complaint does not disclose a prima facie offence under the Act.
What was the 2018 amendment to the SC ST Act?
It followed the March 2018 Mahajan judgment, which had added safeguards. Parliament inserted Section 18A, which removed the requirements of a preliminary inquiry and approval before arrest. It came into force on August 20, 2018.
Is the conviction rate under the Act low?
Sources agree that it is low but give different figures, from about 10% to about 40%, depending on the source and how cases are counted.
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SOURCES
- Wikipedia, “Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989”
- Anantam IAS, “SC/ST (Prevention of Atrocities) Act, 1989: Explained”
- Anantam IAS, “SC/ST Act: Provisions, Amendments & UPSC Analysis”
- PMF IAS, “SC/ST (Prevention of Atrocities) Act, 1989”
- Delhi Law Academy, “SC/ST Act Explained”
- Legal Service India, “SC/ST Act 1989: Latest Supreme Court Judgments”
- LiveLaw, “Legal Protections for Scheduled Castes and Scheduled Tribes”
- Paramjeet Singh Berwal, “Safeguards Against Misuse of the SC/ST (Prevention of Atrocities) Act, 1989”
- Deccan Herald, on NCRB Crime in India 2023
- Wikipedia, “2018 Atrocities Act protests”
