Executive Summary:
This document provides an answer to Lok Sabha Unstarred Question No. 2145 regarding the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989. It details provisions for non-bailable offenses, amendments made after 2014, punishment for crimes against Scheduled Castes by Christian/Muslim converts, and discrepancies in punishment for similar crimes against Scheduled Tribes. The key amendment acts were enforced on 26.01.2016 and 20.08.2018.
Key Points / Main Content:
* **Bailable and Non-Bailable Offences:**
* Offences punishable with imprisonment less than 3 years or with fine only are bailable.
* Offences punishable with imprisonment of 3 years or more, life imprisonment, or death are non-bailable.
* **Amendments Post-2014:**
* The Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Amendment Act, 2015 (No. 1 of 2016) was enforced on 26.01.2016.
* Establishment of Exclusive Special Courts for speedy trials.
* Appointment of Exclusive Special Public Prosecutors.
* Rephrasing and expansion of existing offences and addition of new offences.
* Insertion of a new chapter on the Rights of Victims and Witnesses.
* The Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Amendment Act, 2018 (No. 27 of 2018) was enforced on 20.08.2018.
* Insertion of Section 18A: A preliminary enquiry is not required for registering a First Information Report (FIR).
* No approval is required for the arrest of a person accused under this Act.
* Section 438 of the Code of Criminal Procedure does not apply to cases under this Act.
* **Punishment and Conversion:**
* Members of Scheduled Castes who convert to Christianity or Islam cease to be members of Scheduled Caste as per the Constitution Scheduled Castes Order, 1950.
* Non-members of Scheduled Castes or Scheduled Tribes committing atrocities are liable for punishment under the Act.
* Scheduled Castes and Scheduled Tribes are defined under clauses 24 and 25 of article 366 of the Constitution.
Impact Analysis:
* **Members of Scheduled Castes/Scheduled Tribes:**
* *Impact:* Enhanced protection and swifter justice through the establishment of special courts and streamlined procedures for registering complaints and arrests.
* *Action Required:* Be aware of the amended provisions and utilize the available legal mechanisms for reporting and seeking redress for atrocities.
* **Judiciary and Law Enforcement:**
* *Impact:* Must adhere to the amended procedures, including the immediate registration of FIRs and the arrest of accused persons without preliminary inquiry or approval.
* *Action Required:* Implement the provisions of the Amendment Acts of 2015 and 2018, ensuring speedy trials and fair application of the law.
* **Legal Professionals:**
* *Impact:* Need to be conversant with the amended provisions to effectively represent their clients and provide sound legal advice.
* *Action Required:* Update their knowledge of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989, and its amendments.
Key Entities Referenced
Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989: A law in India to prevent atrocities against Scheduled Castes and Scheduled Tribes.
Arjun Ram Meghwal: Minister of State in the Ministry of Law and Justice; and Minister of State in the Ministry of Parliamentary Affairs.
Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Amendment Act, 2015: Amendment to the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989, enforced on 26.01.2016.
Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Amendment Act, 2018: Further amendment to the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989, enforced on 20.08.2018.
Constitution Scheduled Tribes Order, 1950: Presidential order specifying the Scheduled Tribes in India.
Constitution Scheduled Castes Order, 1950: Presidential order specifying the Scheduled Castes in India.
Article 341 of the Constitution: Article of the Constitution of India related to Scheduled Castes.
Article 342 of the Constitution: Article of the Constitution of India related to Scheduled Tribes.
GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
LEGISLATIVE DEPARTMENT
LOK SABHA
UNSTARRED QUESTION NO. 2145
ANSWERED ON FRIDAY, THE 1ST AUGUST, 2025
Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989
2145. Dr. Manna Lal Rawat:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the provisions for non-bailable offences in the Scheduled Castes/Scheduled
Tribes (Prevention of Atrocities) Act, 1989;
(b) whether any new provisions have been added in it after the year 2014 and if
so, the details thereof;
(c) the provisions for punishment under the said Act in the cases of crime
committed against the Scheduled Castes by a Christian/Muslim converted
from the Scheduled Caste category;
(d) whether there is any discrepancy in the provisions for punishment in the said
crime committed against Scheduled Tribes by a Christian/Muslim converted
from the Scheduled Tribe category; and
(e) if so, the details thereof along with the solution to this discrepancy?
A N S W E R
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF
LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF
PARLIAMENTARY AFFAIRS
(SHRI ARJUN RAM MEGHWAL)
(a) to (e): The provisions for offences and its punishments have been specified in
the Chapter II of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989. The offences which are punishable with imprisonment for
less than 3 years or with fine only are bailable and offences punishable with
imprisonment for 3 years and upwards or with death, imprisonment for life, or
imprisonment for more than 7 years are non-bailable. With an objective to deliver
greater justice to members of Scheduled Castes and Scheduled Tribes, theScheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
has been amended vide the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015 (No. 1 of 2016) which was
enforced on 26.01.2016.
The amendments have been made inter alia for establishment of Exclusive
Special Courts for speedy trial of the atrocity cases, specifying or appointing
Exclusive Special Public Prosecutors to try offences in Exclusive Special Courts,
rephrasing and expansion of some earlier offences and addition of several new
offences of atrocities, insertion of a new chapter relating to Rights of Victims and
Witnesses.
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989 has been further amended by the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Amendment Act, 2018 (No. 27 of 2018), and
after section 18, a new section 18A has been inserted which reads as under: -
"18A. (1) For the purposes of this Act, —
(a) preliminary enquiry shall not be required for registration of a First
Information Report against any person; or
(b) the investigating officer shall not require approval for the arrest, if
necessary, of any person,
against whom an accusation of having committed an offence under this Act has
been made and no procedure other than that provided under this Act or the Code
shall apply.
(2) The provisions of section 438 of the Code shall not apply to a case
under this Act, notwithstanding any judgment or order or direction of any Court."
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2018 was notified in the Gazette of India, Extraordinary on
17.08.2018 and enforced on 20.08.2018.
Presidential orders have been issued under articles 341 and 342 of the
Constitution in respect of member of the Scheduled Castes and Schedule Tribes,
respectively. The Constitution (Scheduled Tribes) Order, 1950 (C.O.22) makes a
provision for the Scheduled Tribes inter alia stipulating that the Tribes or tribal
communities, or parts of, or groups within, tribes or tribal communities, specifiedin Parts I to XXII of the Schedule to this Order shall, in relation to the States to
which those Parts respectively relate, be deemed to be Scheduled Tribes so far as
regards members thereof residents in the localities specified in relation to them
respectively in those Parts of that Schedule.
Unlike as provided under the Constitution (Scheduled Tribes) Order, 1950,
the Constitution (Scheduled Castes) Order, 1950 (C.O.19) provides for
identification for the Scheduled Castes inter alia stipulating that no person who
professes a religion different from the Hindu, the Sikh or the Buddhist religion
shall be deemed to be a member of Scheduled Caste. Therefore, members of
Scheduled Castes who convert to Christianity or Islam cease to be a member of
Scheduled Caste. In addition to this, as per section 3 of the Act whoever not being
a member of Scheduled Castes or a Scheduled Tribes commits defined atrocities
are liable for punishment under this Act. Further, as per clause (c) of section 2 of
the said Act, Scheduled Castes and Scheduled Tribes shall have the meaning
assigned to them respectively under clause (24) and clause (25) of article 366 of
the Constitution.