In recent news, the Supreme Court has given its approval to the constitutional legality of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018. The Act serves as a nullification of the court’s judgment from March 20th, 2018, which had diluted the stringent requirements of the original Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The validity of the 2018 amendment was challenged in numerous petitions on the grounds of violation of fundamental rights to equality (Article 14) and personal liberty (Article 21).
Key Features of the Amendment Act, 2018
The amendment introduced Section 18A into the initial Act. This section provides specific details about crimes against Scheduled Castes and Scheduled Tribes, labeling them atrocities. It outlines strategies for dealing with such acts and suggests relevant punishments.
Per the Act, any listed offenses are cognizable, which means that the police have the authority to arrest the offender without a warrant and can initiate an investigation into the case without needing any orders from the court.
Provisions for Special Courts
The Act mandates that all states convert an existing sessions court in each district into a Special Court to hear cases registered under it. Additionally, it proposes provisions for the appointment of Public Prosecutors or Special Public Prosecutors to conduct cases in these special courts.
Atrocity-Prone Areas
The Act offers provisions for states to declare areas with high levels of caste violence as “atrocity-prone.” In such regions, states must appoint qualified officers to oversee and uphold law and order.
Accountability for Non-SC/ST Public Servants
The Act specifies punishments for non-SC/ST public servants who willfully neglect their duties.
Implementation of the Act
The State Governments and Union Territory Administrations are responsible for implementing the Act, with central assistance provided as due.
Section 18A and its Implications
According to Section 18A, for the Prevention of Atrocities Act, a preliminary enquiry is not needed for the registration of a First Information Report against any person. The provision of section 438 (which concerns pre-arrest bail) of the Code of Criminal Procedure (CrPC) does not apply to a case under this Act, regardless of any judgment, order or direction of any Court.
