 bj no 6l ol!!!9 me scheduled castes and the schbdttled tribb8 (prevention of atrocities) bill, 1988 a billto prevent the commission of offences of atrocities against the members of the scheduled castes am the scheduled tribes to pr'otjide for special court8 for the tricl of such offences am for the reli~ and rehcibilitation of the victims of i1ich offences and fof' m4ttersconneeted t"erewith of' incidental thereto be it enacted by parliament in the fortieth year of the republic of india as follows:- chapl'er i preliminary5 1 (1) this act may be called the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 short title, extent and commen cement (2) it extends to the whole of india except the state of jammu and kashmir deftnitiona (3) it shall come into force on su~h date as the central government 10 may by notification in the official gazette, appoint  z (1) in this act, unless the context otherwise requires,-(a) "atrocity" means an offence punishable under section 3; (b) iicode" means the code of criminal procedure, 1973; (c) "scheduled castes and scheduled tribes" shall have the meanings assigned to them respectively under clause (24) and clause (25) of article 366 of the constitution; (d) "special court" means a court of session specified as a special court in section 14; 5 (e) "special public prosecutor" means a public prosecutor specified as a special public prosecutor or an advocate referred to in section 15; (t> wo,1'cis and expressions used, but not defined in this act and defined in the code or the indian penal code shall have the meanings 10 48 f 1860 assigned to them respecttvely in the code, or as the case may be in 0 - the indian penal code : (2) any reference in this act to any enactment or any provision thereof shall, in relation to an area in which such enactment or' such pro-vision is not in fo,1'ce, be construed as a reference to the corresponding law, 1 s if any, in force in that area,  chapter ii offmncm of atrocities3 (1) whoever, not 1ieing a member of a scheduled caste or a scheduled trlbe,-o puni8h men for offences of atrocitie l,i'~~fada ~'ti;w,;h;aer of a scheduled caste or a scheduled tribe to ~ 9j? e~ w;~_~ w q~~ ~~) (ii) acts with intent to cause injury, insult or aimoyance to any member of a scheduled caste or a ~heduled tribe by dumping excreta waste matter, carcasses or any ~er obnoxious substance in his 2s premises or neighbourhood;  ~j fqrcijtly ~v~ ~~ frq~ ~ ~, ~ a  ~~eji qf a $ch~ed c;:~~oli a ~~lled t~be or ~apes ~ ~ed- 01; wi~ ~~\ fa~, qf' boc4': o~ cq~ iplj ~ 4pt whjr' i~ ~~atory to human dignity; 30 (iai~ wro~ ~pies qj;, ~hratel ~y land, owde4 ,y: of· allotted to, or notified by any competent authority to be~" ~ " member of a scheduled caste o~ a sg~y,ed wbe or, gets the land allotted to him transferred; i, '   4~ ~ql1~ 4isp,os~, a ~~ q( a, $c~'4~ gw df- a 3 scheduled tribe from his ~                     01' pf~_                             q~ b)ter,fej:~ wi~ tl)e 5 ~oyment of his ri~~ts over any l~nd, premises or water;      (vi) compels or entices a member of a scheduled caste oj[                                                                                     ~i ~~~~t              ~+~; ~ d~ 'befl~' qr ~t~e~ s~~il,r forms, of fp~ed, qr bonded labour other ql~ an~ ~~uls9~ service for, p'lj;qlic                                                                                 p'~r- 4,q, poses imposed by government;                                                                                                                    ,       (~:), fq:rr~~ q~ id~hj~~, a, 'n~~pe!, ~f b: ~!nul!4 ca~ or a scheduled tribe not te vote or to vote to a particul8l' candidate or to vote in a man  other thad that provided by law; (viii) inatitutes falsej malicious or vexatio~ ~t or, er,iminal or other legal proceeding againl~ a member of a schedu1~ cute or a scheduled tribe;  - '   " (iot) gives any false or ,frivolous information to any public ser-s vant and thereby causes such public servant to use his lawful power to the injul'y or annoyance of a member of a scheduied caste or a scheduled tribe; (z) mtentionally insults or intimidates with intent to humiliate a rdemher of a seheduled caste fir a seheduled tribe in any place 10 within public vil!w; (xi) assaults or uses force 110 any woman belonging to a scheduled caste or a scheduled tribe with intent to dishonour or outrage her modes$}'; (rii) being :i1'1 a position to dominate the will of a woman be-is longing to a sheduled caste or a scheduled tribe and ases that position to exploit her sftually to which she would not have otherwise agreed; (12iii) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the scheduled castes 20 or the scheduled tribes so ab to render it less fit for the purpose tor which it is ordinarily used; (xiv) denies a member of a scheduled caste or , 9:beduled tribe any customary right of passage to a place of public resort or omfue'ts s'deh ~ef sci as t> }we-ooehf hhii frotit usirt~· or baving ls acee~s to a p'laee 'of pubffc' mbort tb whlet% 6ther meiri6f!rs of public or any seelkm tliei'ebf fttlve' a rfgflt (0' oij€ ol" ~d t6'; (xv) forces or causes a member of a sehecjuied caste or a scheduled 'ttribe to leave hls house, vulage or other place of residence, 30 shall be punisheble with imprisomnent for a term which shall not be less than si'x months but which may extend to five years and with fine (2) whoever, not being a member of a scheduled caste or a schedul«!d 'pribe~ (i~ givet or fabrieates' faa evidence intending thereby to c!ause ()r knowing it· to' be likely tba( he' will thereby c8wle, 'any member of a scheduled caste or a scheduled' tribe to be ~onvicted of an offence which is capital by! the laws for the time being in foree shall he punished with- imprisonment for life and with fine; and· if an in-rocel'1t mem'ber of a schedttled caste or a scheduled tribe be 'convicted and executed in consequence of such false or fabricated eyidence, the person who gives· or fabricate9 such false evidence shall l be punished with death; (it) ",- or 1abriates fa18e evidence intending thereby to i callie or lmo\pling it 'to be likely that he wil,i thereby c&uie any member of a scheduled caste or a scheduled tribe to be convicted of an offence which is not capital but punishable with imprisonnumt for a term of, seven' years 01' u~rds, he shall be punishable with s impribonment for a 'term which shan not be less than stx; months but which may extend to seven years or' upwards and with fine; (iii) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he wiu thereby cause damage 10 any property 'belonging to a member of a scheduled 10 caste or a scheduled tribe shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine;  , (iv) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause 15 destruction of any buuding which is ordinan1y used as a place of worship or as a place for human dwelling or as a place for custody of the property by a member ofa scheduled caste or a scheduled 'iiribe shall be punishable with imprisonment for life and with fine·; (v) commits any offence under the indian penal code punish- 20 45 of 1860 able with imprisonment for term of ten years or more against a person or property on the ground that such person is a member ota scheduled c81!te or a scheduled tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine i 25 (vi) knowingly or jlaving reason to believe that an oftence has been committed under'this chapter, causes any evidence of the commission of that offence; to disappear with the intention of gcreenin~ the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes 30  to be false shall be punishable with the punishment provided for that offence: or (vii) being a public servant, commits any offence under this section shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punish- 3s ment provided for that offence ' 1 puniah· ment for neglect of duties 4 whoever, being a public servant but not being a member of a seheduled caste ora scheduled tribe, wilfully neglects his duties re- quired to be performed by him under  this act shall be punishable with imprisonment for a term which shall not be less than six months but 40 whtch may extend to one year: j enhanced punishment for 'jubeequat conviction 5: whoever, havinga~dybeen convieted of an offence under this , chapter is convicted for the second offence or any oft'enee subsequent to " the second ofte'lice, shall be punishable with imprisonment' for a term which shall not be less than one year but which may extend to the punish- 4s ment provided for that offence  ,   the schedulbd castes and the scheduled tribes (prevention of a'irocitles) bill, 1989(to be/as in troqu2jlilllqll§atlla) 1 page 2, a~a1nst line 10, in the margin,-f2:£ '148 0 f 186o" £w "45 0 f 186j" 2 page 3, line 2,-for ''prceeding'' ~ ''proceedings''  " 3 page 3, line 15,-e for "s£teduled caste" read "scheduled oiste lt 4 page 3, line 37,-''law'' fql "laws" read page 4, line 5,-omit "he" 6 page 4, line 21,-aft-er "for" inser t 'ta" 7 page 4, line 42,-for "alredy" read "already" 8 page 5, line 10,-after "to" omit" the" 9 page 5, line 30,-fo r "1 t is" ~ "i fit" 10 page 5, line 36,-ror "excercisable ti read "exercisable" 11 page 7, in the marginal heading to clause 12,-"whom" fo r "yil en an" reag 12 page 8, line 3,-bero re "dep u ty" in ser t  ua " 13 page 8, line 5,-fo r "gro p " re~d ~i gro up " 14 page 8, line 13,-f2!: lip ro vison s" read "nro visions it t 15 page 2, line 26,-for "any ii ~ "an" 16 page 9, line 40,-for "he ues" read "houses" new deihl; august 8 1982 sravana 17,1911 (saka) • subject to the ot!ler provlsfons of this act the provtslons of sectl= 46 of 1860 34, chapter in, chapter ''n, ehaptet 'v, l"'hapter va section 149 and chapter xxiii of the indian penal code, shall, 80 far as may be, apply for the purposes of this act as' they apply for the purposes of the indian 5 penal code application bf certain provisions of indian penal code forfeiture otpropei' ty~cer_ tain persons '1 (1) where a ;person has been convicted of any offence punishable under this chapter, the special court may, in addition to awarding any punishment, by or~ in writing, declare that any property, movable or immovl'ble or both,~bitlonging to the person, which has been used for the 16 commission of that ~oftence, shall stand forfeited to the government (2) where any person is accused of any offence under this chapter, it shall be open to the special court trying him to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial, be attached and where such trial 15 ends in conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose of realisation of any flne imposed under this chapter i 8 in a prosecution for an offence under this chapter, if it is proved that-pi"esumption as to offences 20 (a) the accused rendered any financial assistance to a person accused of, or reasonably suspected of committing an offence tinder this chapter the special court shall presume unless the contrary is proved that ~uch ~rson had abetted the offence; (b) a groua' of persons committed an offence under this chapter 25 and if it is proved that the offence committed was a sequel to any existillg dispute regarding land or any other matter, it shall be presumed that the oftence was eommitted in furtherance of the common intention or in prosecution of the common object 9 (1) notwithstanding anything contained in the code or in any confer-30 other provision of this act the state government may, it is considers ment of it necessary or expedient so to do,-powers (a) for the prevention of and for coping with any offence under this act or (b) for any case or class or group of cases under this act, 35 in any district or part thereof confer, by notification in the official gazette, on any officer of the state govern~ent, powers excercisable by a police officer under the code in such district or part thereof or, as the case may be for such case or class or group of cases and in particular, the powers of arrest, investigation and prosecution of persons before any 40 special court  !  i  , (2) an officers of police and all other officers of government shall assist the oftlcerrt!ferred to in sub-section (1) in the execution of the provisions of this act or any rule, scheme or order made thereunder (3) the provisions of the code sball, so far  may be, apply ~ the exercise of the powers by an offieer \in_ m-section (1)  chapter m externmentremoval ofpereon likely \0 commit ofleace 10 (1) where the special court is satisfied, upon a complaint or a s pollee report that a person is likely to commit an ebenee utlder chapter ii of this act in any area included in 'soheduled areal' or 'tribal areai', as referred to in article 244 of the constitution, it ~ay, by ordet 11'1 wi'lting, direct such person! to remove himself beyond the limits of auch are, by such route and within such time as ittay be apeoifted in the arcter, and it not to return to that area from which he was directed to remove himself tor such period, not exceeding two years; as may be spedfted 1ft the order (2) the special court shall along with the order under sub-sectlcm (1), communicate to the person directed under that 8ulhection the grounds on which such order hal been tnade 1 s (3) the special court may revoke or modify the order made under subsection (1), for the reasons to be recorded in writing, on the represelltation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order n (l) if a person to whom a directioll hall beed is!med uftder section 29 10 to remg'ye himself froid anr are-(a) fails to remove himself as directed; or (b) having so removed himself enters such &tea· witlun the period specified in the order procedure on failure ofpe1'8od to remove himsell from area and enter thereon after removal otharwiai! tbm with the per  ion in wr1ti:nl of •• sp!clal court under 2s sub·section (2), the speciaj cout may c:allr iiiiid to be arrested and removed in police custody to such place outside such area as the special court may i~ify (2) the special court may, by oitler ia wri-" permit aay pers<m in respect of whom an order under section 10 has been made, to return 30 to the area trom which he was directed to remove himself for' such tem· porary period and subject to such conditions as may be gpeeifted in such order and may roquire him ,to execute a bend with or without surety for the due observation of the conditions imposed (3) the special court may at any time revoke any such permission 3-s '4) any pe:rson wro wwa such pwmiasion rtujaa to the area boiil which jae wu· cmected to remove laimself shau obilerve'the corditiods im· posed, and at the expiry of the temporary period for whicah· ile wa, pe1'-mitted to return, or on the revocation of such permission before the expiry of such temporal:? perigq, shall wmove lumtjetf outaide web area' and 40 shan not retum tbawtg wi'bhid, 1iae unexpirecl ~d- apeciaad under section to- without a freth, pumi8iion '  " (s} if awsoll fauff tq qbierve an,y of the conditions imposed or to rejilove hims~, q,ccordiqgly qr baving so j'i~ved himself enters or retlm'ns tq y,crh,ilre$ wlthou~ fresh pennission the special court may ~a\lme him to be ~~ and remov~d in police custody to such place 5 out~~q, ~ych, ar~a u tbe ~ial court may apecily if (1) every ~l"8on against whom an order has been made under section loshall, if so requirec:l by the special court, allow his measure-j;nents and photo~apl\s to be taken by a police oftlcer ! ' " , takini meuul'ementa and photo graphs, etc, of persons against when an 1(1) dany person nferred 116 in ,,&'seetion (1) when required to' 10 allow his measurements or photographs to be taken resists or refuses tb allow the takini of sqch ~e~urement$ or photographs, it shall be lawful to use' au necessary tneans u; ~e the taking thereof ,  ~, ~'ia~ to or refus~ to allow the taking of measurementi (lr p~~ ~ sub'llectio;l1 (a) sba1l be deemed to be an offence order under section 10 is made 45 of 1860 15 unde~ ~~ 186 qt ~ ~ p@81 code (4) where ai\ orc;let under sectiqn 10 is revoked, an measurements (and photographs (including negatives) taken under sub-sectfon ~) shall be destroyed or made over to the person against whom such order is~~ 20 13 any person contravening an order of the special court made penalty under section 10 shall be punishable 'with imprisonment for a term which for nen,  may extend to one year and with fine co11lpliace of ur un'" aecttoa 10  chapi'j:r iv &rcru co;l1rts25 14 for the purpose of providing for speedy trial, the state govern-special:' ment shall, with the concurrence of the chief justice of the high court, court by notification in the official gazette, specify for each di'atrict a court of session to be al special court to try the offences under this act 15 for every special court, the state government shad by notifica-30 tion in the official gazette, specify a public prosecutor or appoint lui advocate who bas been in praeti~e as an advocate! for not less than seved special public proee_ cutor y-  8peeial ~c· ~utor far tlae p1irljo$e of cqgducting c-id  ~ ,  chaprer v )(jscellanllous35 22 of 1955 16 the- provisions of seeili!on· loa oft ute firoteetaoa 01 clvil bighu>· powell of, act, 1955 shall, so far' as may', apply tor th plirpg8ii all bdpdaitum·  state and! ~tiiul, of, ~tilm finelulct fqr all other matte(s connected govem  therewith under this act ment 10· imp<! collecti, fine preventive action to betaken by the law and brder machinery 17 (1) a district magistrate or a sub-divisional magistrate or iul1 other executive magistrate or any police officer not below the rank of deputy superintendent of police may on receiving lnfonnatioo and after such inquiry as he may think necessary, has reason to believe that a person or a grop of persons not belonging to the scheduled castes or the 5 scheduled tribes, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or haj threatened to commit any offence under this act and it of the opinion that there is suftlcient ground for proceeding, declare such an area to be an area prone to atrocities and take necessary action for keeping the 10 peace and good behaviour and maintenance of public order and trail  quillity and may take preventive action (2) the provisons of chapters vill x and xi of the code shall, 90 far as may be, apply for the purposes of sub-section (1) (3) the state government may, by' notiftcatton in the ofbclal gazette, 15 make one or more schemes specifying the manner in wbieh the oftlcers referred to in sub-section (1) shall tab appropriate aetton speclflecl in such scheme or schemes to prevent atrocities and to restore the feeling of security amongst the members of the scheduled cutes and the scheduled tribes 28 18 nothing in section 43'3 of the code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this act section _ of the code not to apply to~ committinf an otrenee \d1der the act i' the provisions of section 380 of the code and the provisions of the probation of offenders act, 1958 shall not apply to any person above 2s 24' of 1"1 the age of eighteen years who is found guilty of having committed any offence under this act section 360 of the code or the  , probati'on of offenders act not to apply to persons guilty of an offence under the act act to override othalaws zoo save as oti"erwise  provided in this act, the provisions of this aet shall have effect notwithstanding anything inconsistent therewith c0ntained in any other law for the time being in force or any custom or 30 usage or any instrument having effect by virtue of any such law zl (1) subject to such rules 85 the central government may make in thi& bebah, tjae state gevenunent ihall tam such measures 88 iqy be deeeuary fer the eftectiw imp~tation of this act (2) in particular and without prejudiee to the ,aetajityof the fore 35 10idi provisions, such measures may inelude,-(i) the provision for adequate facinties, ineludilll l"1el ald, to duty of government to ensure effective implementation bf the act ,:the p,~ 'subjected to atroci~es to enable them to avail them- , selves of justice; ! (ii) the provisichl for traveuing and maintenance expenses to, witnesses, i,neludin~ the victim$ of atrocities during investigation and trial of offences 'under this' actj 5 (iii)  the ptovisiol1 for the ~onomic and aoeialrehabilltation of the' victims of tbeatrocities i (iii)  the appointment of officers for initiating or exercising supervision over prosecutions for the  contravention of the pro~j­sions of this act; 10 (v)  the ~etting up of committees at such appropriate levels as the state government may think fit to assist that government in formulation or implementation of such measures; (vi)  provision for a periodic survey of the woitdng of the pro-15 visions of this act with a view to suggesting measures' for the hettel" implementation of the provisions of this act; (vii) the identification 0: the areas where the members of the' scheduled ca"tes an(~1 the seheduled tribes are likely to be subjected to atrocities and adoption of such measure'! so as to ensure safety for 20 such members (3) the central government shan take such steps as may be necessary to co-ordinate th~ measures taken by the state governments under fiub-sectjon (1) (4) the central government shall, every year, place on the table 25 of each house of parliament a report on the measures taken by itself and by the state governments in pursuance of the provisions of this section ; 22 no suit, prosecution or other legal proceedings shall lie against the central government or against the state government or any officer or authority of government or any other perosn for anything 30 which is in good faith done or intended to be done under\ this act protection of action taken in good faith u (1) the central government may by notification in the official gazette, make rules for carrying out the pwposes of this act power to make rulel!l (2) every rule made under this act shall be laid, as soon as may be 35 alter it is made, before each house of parliament, while it is in ~ession for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or' the successive sessions aforesaid, both houses agree in making any modification in the rule or o both houes'- agree that the rule should not be made, the rule shall there-4 after have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule despite varioul measures to improve the socio-economic conditions of the scheduled castes and the scheduled tribes they remain vulnerable they are denied number of civil rights they are subjected to various offences indignities, humiliations and harassment 'nley have, in several brutal incidents, been deprived of their life and property serious crimes are committed against them for various historical, social and economic reasons 2 because of the awareness created amongst the scheduled castes and the scheduled 'i7ribes through spread of education, etc, they are trying to usert their rights and this is not being taken very kindly by the others when they assert their rights and resat practices of untouchab!lity against them or demand statutory minimum wages or refuse to do any bonded and forced labour, the vested interests try to cow them down and terrorise them when the scheduled castes and the scheduled tribes try to preserve their self-respect or hon(1uj' of their women they become irritants for the dominant and the mighty occupation and cultivation of even the government allotted land by the scheduled castes and the scheduled tribes is resented and more often these people become victims of attacks by the vested interests of late there has been an increase in the disturbing trend of commission of certain atrocities like making the scheduled castes persons eat inedible substances like human excreta and attacks on and mass killings of helpless scheduled castes and scheduled tribes and rape of women belonging to the scheduled castes and the scheduled tribes under the circumstances, the existing laws like the protection of civil rights act, 1955 and the normal provisions of the indian penal code have been found to be inadequate to check these crimes a special legislation to check and deter crimes against them committed by non-scheduled castes and non-scheduled tribes has, therefore, become necessary 3 the term 'atrocity' has not been defined so far it is considered necessary that not only the tenn 'atrocity' should be defined but stringent measures should be introduced to provide for higher punishments for committing such atrocities it is also proposed to enjoining on the states and the union territories to take specific preventive and punitive measures to protect the scheduled castes and the scheduled tribes fl'orn being viclimised and where atroe1ties are committed, to provide adequate relief and assistance to· rehabilitate them  4 the bill seed to achieve the above objects n£1n dahl; dr rajendra kumari bajpal the 7th a uguat, 1988 clause 15 of the bill provides for the appointment of special public proseeutw from amongst the advocates also by the state governments sub-clause (1) of clause 21 of the bill provides that the state governments shall take such measures as may be necessary for the effective implementation of the provisions of the bill after it is enacted subclause (2) of the said clause, inter alia, provides for the following mealures, namely:-(a) payment ot travelling and maintenance expenses to witnesses including the victims of atrocities during investigation and trial of atrocities; (b) facilities for economic and social rehabilitation of the victims; (c) appointments of officers for initiating or exercising supervision over prosecution (d) setting up of committees to assist the government in formulation and implementation of such measures it is not possible, at this stage, to make accurate estimate of the amount which may be required to make the aforesaid appointments and to provide for various measures according to the present estimate, it is expected to be around rs 5 crores per annum the central government shall bear the entire expenses of the union territories which may be estimated at around rs 25 lakhs '!be expenditure of the central government shall be from the consolidated fund of india the provisions of the bill do not involve any other expenditure of a recurring or non-recurring nature  memorandum regarding delegated legislationsub-clause (3) of clause 171 of the bill empowers a state government to make a scheme or schemes the said sub-clause enumerates the matters with respect to which the scheme may be made 'iule matters inter alia, relate to prevent atrocities and to restore a feeling of security amongst the members of the scheduled castes and the scheduled ~~ i 2 clause 23 of the bill empowers the central government to make rules to give effect to the previsions of the bill when enacted the rules, if any, will be confined to matters of procedure and othe~ matters of minor detail including enforcement of the various provisions included in the bill 3 as such the proposed· delegation of lesislative powers is of a normal character i ! ; ,  a billto prevent the  _ of ofredces of atrocitiea agaidat the membeaf of the scheduled cutes and the scheduled tribes, td provtcie far special courta for the trial of such ojfencea add: for the reltef and rehabilitation of the victims of such ojrenct!l and for matters conneet-· eel theretrith cji' idcldedtal thereto (dr jt&jend, lcum&ti baj/'td jftftllmr c1j scaee of the ~ 01 wei,,, 