SCHEDULED CASTES & SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989

Oct. 2, 2019

The Supreme Court recalled its directions in a March, 2018 verdict that had effectively diluted provisions of arrest under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. This was following a plea by the Centre seeking a review of that judgment.

March 2018 Judgement:

  • Supreme Court diluted the SC and ST (Prevention of Atrocities) Act, 1989, to grant anticipatory bail to accused persons and directed that the police conduct a preliminary enquiry into whether a complaint under the law is “frivolous or motivated” before registering a case.

  • Both conditions were not part of the original legislation.

  • It had reasoned that members of the Scheduled Castes and the Scheduled Tribes use the 1989 law to lodge false complaints, leading to the arrest of innocent persons.

  • The March 2018 judgment triggered widespread protests and compelled the government to amend the Act to negate the effect of the ruling. It also filed a review petition against the verdict.

Recent Judgement:

  • In its judgment on the review petition, Supreme Court said human failing and not caste is the reason for the filing of false criminal complaints.

  • The court condemned its earlier judgment, saying it was against “basic human dignity” to treat all SC/ST community members as “a liar or crook”.