The SC/ST (Prevention of Atrocities) Act, 1989 was made to protect marginalized communities (SCs and STs) from caste-based discrimination and atrocities, but it was observed that its enforcement faces a lot of challenges, such as inadequate legal representation, judicial delays, and many more. Now let us explore and discuss these issues one by one. It’s not possible to discuss all of these issues in a single blog or article, but we will discuss the major issues.
As per a report published by the National Crime Records Bureau (NCRB) in 2022, related to crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs), which shows that a total of 57,582 cases were recorded against SCs and 10,064 cases were recorded against STs in the year 2022. According to the report, 15,368 cases were registered in Uttar Pradesh, 8,752 cases in Rajasthan, 7,733 in Madhya Pradesh cases and the remaining 25,729 cases in other states against SCs, and 2,979 cases were registered against STs in Madhya Pradesh, 2,498 cases in Rajasthan, 773 cases in Odisha, and remaining 3,814 cases in other states against STs. This data also states that 32% of the crimes done to SCs were simple hurt, 9.2% were related to criminal intimidation, and 8.2% were related to the SC/ST (Prevention of Atrocities) Act, and 28.1% of the crimes done to STs were simple hurt, 13.4% related to rape cases and 10.2% related to assault on women with intent to outrage her modesty. At last, this data reflects that there was 13.1% increase in the number of crimes committed against SCs and 14.3% increase in the number of crimes committed against STs.
Now, governments are making significant efforts to prevent these crimes, but there are some key loopholes in the implementation of government policies, like in the implementation of the SC/ST (Prevention of Atrocities) Act, 1989. The major challenges faced in the implementation of this act were “Underreporting and Fear of Retaliation”, “Judicial Delays”, and “Inadequate Legal Representation”. Let’s discuss them one by one.
Underreporting of atrocities against SCs and STs is a very crucial problem, which remains a critical barrier to justice. It was often observed that victims from rural areas hesitate to file a complaint or FIR due to fear of social ostracism, economic backlash, or violent retaliation from dominant caste groups, as per a article published in nextias.com having tittle “Report under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act”. And as per an article published in indianexpress.com having the title “One in 5 cops thinks SC/ST Act cases false, motivated: Survey”, police’s apathy and bias further discourages them from reporting, and many cases were dismissed or downgraded on the grounds of false complaints or FIRs.
Also, it was observed that judicial delays question the effectiveness of the SC/ST (Prevention of Atrocities) Act, 1989, which mandates speedy trials. However, cases often go on for years because of overburdened courts, procedural lapses, and a shortage of designated special courts or judges. In 2022, over 2.8 lakh cases under this act were pending. This delay not just affects the victims but also reduces public faith in the legal system. And in the meantime, accused intimidate or coerce victims to withdraw complaints.
Access to qualified legal counsel continues to be a high-priority issue for most SC/ST victims of atrocities. Despite provisions under the SC/ST (Prevention of Atrocities) Act,1989, for state-appointed special public prosecutors, such posts are usually unfilled or occupied by sub-trained staff with no sensitivity towards caste problems. Victims often fail to locate counselors who are both well-informed and dedicated, especially in rural or semi-urban regions. This imbalance shifts the legal process in favor of the accused, making prosecution weak and conviction rates low. Without quality legal aid, the vision of justice is elusive, magnifying marginalization and corroding trust in the justice system.
According to a judgment passed by the Bombay High Court in the case of Neema Sanjay Rangari & Anr. v. The State of Maharashtra & Anr. 2024:BHC-AS:46916-DB, in which the court dismissed a petition for quashing an FIR registered under the SC/ST Act, where the accused slapped an SC MP and used abusive language. In this case, the court observed that multiple people witnessed the same, which upholds the allegations, thereby the court dismissed the petition for quashing an FIR registered under the SC/ST Act. The court ruled that the judiciary plays a vital role in endorsing the necessary protections as provided under the SC/ST Act, and this case also highlights the importance of addressing caste-based offences seriously.
At last, in conclusion, the SC/ST (Prevention of Atrocities) Act, 1989, was enacted to protect marginalized communities (SCs and STs) from caste-based discrimination and atrocities. However, “Underreporting and Fear of Retaliation”, “Judicial Delays”, and “Inadequate Legal Representation”, etc, have affected its effective implementation. And the perpetrators take undue advantage of such loopholes. To overcome such challenges, the government should create awareness in the public, police should deal with such cases effectively and efficiently, and strict accountability mechanisms established.
Mayank Verma