Executive Summary:
This document presents a response to questions raised in Lok Sabha regarding the implementation and strengthening of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989. It provides data on cases registered, charge sheeted, and convicted under the Act, details the mechanisms in place for timely investigation and trial, addresses representations for amending the Act, and clarifies the government's stance on further amendments. The latest data included is from 2022, with committee meetings up to May 23, 2025.
Key Points / Main Content:
* **Implementation Status and Data:**
* The Act extends to the whole of India.
* Statistical data on crimes under the Act is compiled and published by the National Crimes Record Bureau (NCRB) in its "Crime in India" publication; reports are available until 2022.
* Annexure I provides state-wise details of cases registered, charge sheeted, and convicted from 2020 to 2022.
* **Mechanisms for Timely Investigation and Trial:**
* The Act was amended in 2016 to enhance effectiveness, justice, and redressal for victims.
* Amendments included new offenses, expanded presumptions, and institutional strengthening, such as establishing Exclusive Special Courts and Exclusive Special Public Prosecutors.
* Special and Exclusive Special Courts can take direct cognizance of offenses, with trials ideally completed within two months of charge sheet filing.
* 145 Special Police Stations and 211 Exclusive Special Courts have been established.
* Amendment Act, 2018, enforced on 20.08.2018, removed the requirement for preliminary inquiry before FIR registration or approval before arrest.
* **Monitoring and Review Mechanisms:**
* A Central Level Committee, chaired by the Union Minister for Social Justice and Empowerment, reviews implementation status.
* State Level Vigilance and Monitoring Committees, along with District and Sub-Division Level Committees, are established.
* District Magistrates, Sub Divisional Magistrates, or Deputy Superintendents of Police must visit atrocity sites, assess situations, and submit reports.
* The National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST) provide safeguards and promote interests.
* **Representations for Amendment:**
* The Department has received representations for amending the Act, particularly following the replacement of IPC, CrPC, and IEA with BNS, BNSS, and BSA.
* The Department has informed applicants that amendments are not currently required, according to the Legislative Department, Ministry of Law and Justice Notification no. S.O. 2790 (E) dated 16th July 2024.
* **Consideration of Further Amendments:**
* No proposal to further amend the Act is currently under consideration.
Impact Analysis:
* **Victims of Atrocities (Scheduled Castes and Scheduled Tribes):**
* Impact: Enhanced redressal mechanisms, including expedited trials through special courts and protection of rights.
* Action Required: Be aware of their rights and available legal recourse under the amended Act.
* **Law Enforcement Agencies (Police, Magistrates):**
* Impact: Defined procedures for investigation, reporting, and protection of victims; elimination of mandatory preliminary inquiries.
* Action Required: Adhere to amended procedures for registering FIRs, conducting investigations, and providing immediate relief to victims.
* **Judiciary (Special Courts, Public Prosecutors):**
* Impact: Responsibility for expeditious trials and direct cognizance of offenses.
* Action Required: Prioritize and expedite trials related to the Act, aiming for completion within two months of charge sheet filing.
* **Central and State Governments:**
* Impact: Oversight and monitoring responsibilities through various committees; ensuring effective implementation of the Act.
* Action Required: Actively participate in monitoring committees, ensure the establishment and functionality of special courts and police stations, and allocate resources for effective implementation.
* **National Commission for Scheduled Castes and National Commission for Scheduled Tribes:**
* Impact: Increased role in safeguarding and promoting the interests of Scheduled Castes and Scheduled Tribes.
* Action Required: Continue to monitor and address issues related to exploitation and discrimination against Scheduled Castes and Scheduled Tribes, and provide recommendations to the government for further action.
Key Entities Referenced
Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989: A law in India to prevent atrocities against Scheduled Castes and Scheduled Tribes.
Ministry of Social Justice and Empowerment: A ministry in the Government of India responsible for welfare, social justice and empowerment of disadvantaged and marginalized sections of the society.
Shri K Radhakrishnan: The Minister of Social Justice and Empowerment, as indicated by the question posed in the document.
Shri Ramdas Athawale: The Minister of State for Social Justice and Empowerment who provided the answer to the question.
National Crimes Record Bureau (NCRB): An Indian government agency responsible for collecting and analyzing crime data.
Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Amendment Act, 2018: An amendment to the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989.
National Commission for Scheduled Castes (NCSC): An Indian constitutional body established to safeguard the interests of the Scheduled Castes.
National Commission for Scheduled Tribes (NCST): An Indian constitutional body to safeguard the interests of Scheduled Tribes.
GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
LOK SABHA
UNSTARRED QUESTION NO.3754
TO BE ANSWERED ON 12.08.2025
AMENDMENT TO STRENGTHEN THE PREVENTION OF ATROCITIES ACT
3754. SHRI K RADHAKRISHNAN:
Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:
(a) the current status of implementation of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 in various States and Union Territories, State-wise;
(b) the details of the total number of cases registered, charge-sheeted, and convicted under the
Act in the last three years, State-wise;
(c) whether there is any mechanism in place to ensure timely investigation, charge-sheet filing
and conviction in atrocity cases under this Act;
(d) if so, the details thereof, including the average time taken for investigation and trial;
(e) whether the Government has received any representations or recommendations for amending
the SC/ST (PoA) Act, 1989 in recent years;
(f) if so, the details thereof and the action taken by the Government in this regard; and
(g) whether the Government is considering any amendment to strengthen the Act further or
address gaps in its enforcement, if so, the details thereof?
ANSWER
MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT
(SHRI RAMDAS ATHAWALE)
(a) & (b): The Scheduled Castes (SCs) and the Scheduled Tribes (STs) (Prevention of
Atrocities) Act, 1989 extends to the whole of India. National Crimes Record Bureau (NCRB)
compiles and publishes statistical data on crimes in its publication ‘Crime in India’. The
published reports are available till the year 2022. As per the NCRB data, the details of number
of cases registered, Charge-sheeted and convicted across the country under the Act during the
year 2020 to 2022 is at Annexure-I.
(c) & (d): To make the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) (PoA)
Act, 1989 more effective and to provide greater justice and enhanced redressal to injustice
suffered by the atrocity victims, the Act was amended and notified in 2016. The amendment
includes new offences, expanded scope of presumptions, institutional strengthening, which
inter-alia includes establishment of Exclusive Special Courts and specification of Exclusive
Special public Prosecutors to exclusively try offences under the PoA Act to enable expeditious
disposal of cases, power of Special and Exclusive Special Courts to take direct cognizance ofoffences and as far as possible, completion of trial within two months from the date of filing of
the charge sheet, establishing rights of victims and witnesses, and strengthening preventive
measures. For the purpose of providing speedy trial and expedite justice delivery 145 Special
Police Stations and 211 Exclusive Special Courts have also been established in various
States/UTs.
Further, section 18 of the Act was amended through the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 and enforced on 20.08.2018.
After this amendment, conduct of a preliminary enquiry before registration of an FIR or to seek
approval of any authority prior to arrest of an accused is not required.
At the Central level, a Committee under the Chairpersonship of the Union Minister for
Social Justice and Empowerment, with the Union Minister for Tribal Affairs as Co-chairperson,
and comprising members from the Ministry of Home Affairs, Ministry of Law and Justice,
Department of Justice, National Commission for Scheduled Castes, National Commission for
Scheduled Tribes, and three non-official members (two from among the SCs and one from the
STs), also reviews the implementation status of the PCR and PoA Act in States and Union
Territories. The Committee has so far held twenty-eight meetings; the last meeting was held on
23.05.2025.
In addition to above Central Level Committee, State Level Vigilance and Monitoring
Committee, District and Sub-Division Level Vigilance and Monitoring Committees have also
been set up to monitor the implementation of the Acts.
As per rule 6 of the SC/ST (PoA) Rules, 1995, the District Magistrate or the Sub-
Divisional Magistrate or any other executive Magistrate or any police officer not below the rank
of Deputy Superintendent of Police must visit the site of occurrence of atrocity, assess the
situation and submit a report to the State Government. Furthermore, they are responsible for
identifying victims and their dependents, preparing detailed reports, ordering police protection
and providing immediate relief.
The National Commission for Scheduled Castes (NCSC) and National Commission for
Scheduled Tribes (NCST) provide safeguards against the exploitation of Scheduled Castes and
Scheduled Tribes to promote and protect their social, educational, economic and cultural
interests, respectively.
(e) & (f): Yes, the Department is in receipt of representation from general public for amending
the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Recent
representations have been received for carrying out amendments in the SC/ST (PoA) Act, 1989,
after the replacement of IPC, CrPC & IEA with BNS, BNSS, BSA. The Department has
informed the applicants that in accordance with Legislative Department, Ministry of Law and
Justice Notification no. S.O. 2790 (E) dated 16th July, 2024 there is no requirement for carrying
out said amendments in the SC/ST (PoA) Act, 1989.
(g): No such proposal is under consideration.Annexure-I
State/UT-wise Cases Registered (CR), Cases Chargesheeted (CCS) and Cases Convicted (CON) under SC/ST (Prevention of Atrocities) Act (With & Without IPC) under
Scheduled Castes & Scheduled Tribes during 2020-2022
Scheduled Castes Scheduled Tribes
SL State/UT 2020 2021 2022 2020 2021 2022
CR CCS _| CON CR CCS _ | CON CR CCS_| CON | CR _| CCS | CON | CR | CCS| CON | CR | CCS | CON
1 Andhra Pradesh 1948 1613 37 2010 1913 19 2315 1571 42 320 | 234 1 361 | 346 3 396 280 2
2 Arunachal Pradesh 0 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0
3 Assam ‘ 28 3 0 13 3 0" 14 3 0 10 0 0 16 9 0 9 7 1
4 Bihar 7368 5453 12 5842 4588 48 6509 5135 146 94 75 0 103 66 4 146 102 1
5 Chhattisgarh 316 280 23 330 337 20 323 358 253 502 | 462 47 506 | 512 27 516 546 | 200
6 Goa 2 1 0 4 3 0 8 7 0 2 2 0 5 4 0 1 1 1
7 Gujarat 1326 1203 3 1201 1144 8 1279 1182 12 291 | 253 1 341 | 328 0 330 286 6
8 Haryana 1210 632 6 1628 738 44 1633 744 54 0 0 0 0 0 0 0 0 0
9 Himachal Pradesh 247 183 1 243 143 2 209 148 5 3 1 0 7 6 0 4 4 0
10 Jharkhand 666 292 14 546 460 28 674 318 28 347 86 8 250 | 144 17 283 121 21
11 Karnataka 1394 1205 17 1673 1556 10 1972 1634 15 291 | 261 1 358 | 342 0 438 341 3
12 Kerala 846 655 7 948 1111 42 1050 957 50 130 | 109 7 133 | 112 9 172 174 11
13 Madhya Pradesh 6899 6718 538 7213 7236 720 7733 7588 902 | 2401 | 2362 | 151 | 2627 | 2547] 336 2979 | 2913 | 417
14 Maharashtra 2569 2132 39 2503 2357 45 2741 2371 89 663 | 633 12 628 | 557 12 742 591 25
15 Manipur 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 I 0 0
16 Meghalaya 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
17 Mizoram 0 0 0 0 0 0 5 5 0 0 0 0 0 0 8 29 29 2
18 Nagaland 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
19 Odisha 2046 2088 5 2327 2032 1 2902 3090 40 624 | 575 0 676 | 647 0 773 807 9
20 Punjab 165 97 4 200 96 6 162 69 11 4 1 0 0 0 0 0 0 0
21 Rajasthan 7017 3328 572 7524 3726 583 8752 4031 631 | 1878 | 918 114 | 2121 | 950 125 2521 | 1109] 183
22 Sikkim 0 0 0 2 1 0 3 0 1 0 0 0 1 1 0 4 1 0
23 Tamil Nadu 1273 968 129 1376 1049 104 1761 1296 138 23 14 0 39 18 0 67 39 0
24 Telangana 1959 1534 13 1770 1550 30 1787 1979 44 573 | 407 2 512 | 505 7 545 575 18
25 Tripura 2 0 0 3 0 0 2 1 0 2 0 0 0 0 0 3 0 0
26 Uttar Pradesh 12714 | 10489 | 1820 | 13146 | 11358 | 1930 | 15368 | 12996 | 3168 3 3 1 4 3 0 5 4 0
27 Uttarakhand 87 64 0 123 87 0 114 99 0 13 11 2 6 4 0 it 1 0
28 West Bengal 109 128 0 108 122 0 104 123 0 90 69 0 92 73 0 90 101 1
TOTAL STATE(S) 50191 | 39067 | 3240 | 50733 | 41610 | 3640 | 57420 | 45705 | 5629 | 8266 | 6476 | 347 | 8787171741 548 | 10055 | 80521 901
29 A&N Islands 0 0 0 0 0 0 0 0 0 2 3 0 3 4 0 3 3 0
30 Chandigarh 3 0 1 0 0 0 4 1 0 0 0 0 0 0 0 0 0 0
31 D&N Haveli and Daman & Diu 1 1 0 0 1 0 0 0 0 0 1 0 3 1 0 5 4 0
32 Delhi 69 59 0 136 100 0 130 99 0 1 3 0 5 3 0 0 1 0
33 Jammu & Kashmir 4 0 0 3 2 0 6 3 0 0 0 0 1 0 0 1 1 0
34 Ladakh 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1 0
36 Puducherry 0 0 0 7 6 0 9 7 0 0 0 0 0 0 0 0 0 0
TOTAL UT(S) 77 60 1 146 109 0 149 110 0 4 7 0 12 8 0 9 10 0
TOTAL (ALL INDIA) 50268 _| 39127 | 3241 | 50879 | 41719 | 3640 | 57569 | 45815 | 5629 | 8270 | 6483 | 347 | 8799 | 7182 | 548 | 10064 | 80621 901
Source: Crime in India published by NCRB
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