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Incidences
of physical and mental torture of Scheduled Castes (SCs)
& Scheduled Tribes (STs) are common in Indian society
that lead to high morbidity and mortality. This Act
is enacted to prevent the commission of offenses of
atrocities against the members of the Scheduled Caste
and the Scheduled Tribes, to provide for Special Courts
for the trial of such offences and for the relief and
rehabilitation of the victims of such offenses and for
matters connected therewith or incidental thereto. It
extends to the whole of India except the state of Jammu
& Kashmir. Section 3 defines punishment for following
offenses of atrocities as follows |
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1. Forces
a member of SC or ST to drink or eat inedible or obnoxious
substances; |
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2. Acts
with intend to cause injury, insult or annoyance to
any member of a SC or ST by dumping excreta, waste matter,
carcasses or any other obnoxious substance in her premises
or neighborhood; |
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3. Forcibly
removes clothes from the person of a member of a SC
& ST or parades him or her naked or with painted
face or body or commits any similar act which is derogatory
to human dignity; |
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4. Wrongfully occupies
or cultivates any land owned by, or allocated to, or
notified by any competent authority to be allotted to,
a member of SC or ST or gets the land allotted to him
transferred; |
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5. Wrongfully dispossesses
a member of SC or ST from his land or premises or interferes
with the enjoyment of his rights over any land, premises
or water; |
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6. Compels or entices
a member of SC or ST to do “beggar” or other
similar form of forced or bonded labour other than any
compulsory service for public purposes imposed by government; |
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7. Forces of intimidates
a member of SC or ST not to vote or to vote to a particular
candidate or to vote in a manner other than the provided
by law; |
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8. Institute false,
malicious suit or criminal or other legal proceedings
against a member of SC or ST; |
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9. Gives any false
information to any pubic servant and thereby causes
such public servant to use his lawful power to the injury
or annoyance of a member of SC or ST; |
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10. Intentionally
insults or intimidates with intend to humiliate a member
of SC or ST in any place within public view; |
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11. Assaults or uses
force to any woman belonging to SC or ST with the intend
to dishonor or outrage her modesty; |
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12. Being in a position
to dominate the will of a woman belonging to SC or ST
and uses that position to exploit her sexually to which
she would not have otherwise agreed; |
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13. Corrupts or fouls
the water of any spring, reservoir or any other source
ordinarily used by members of the SC or ST so as to
render it less fit for the purpose for which it ordinarily
used; |
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14. Denies a member
of SC or ST any customary right of passage to a place
of public resort or prohibit the use; and |
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15. Forces or causes
a member of SC or ST to leave his house, village or
other places of residence. |
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Anybody contravene
the provision of this Act shall be punishable with imprisonment
for a term which shall not be less than six months but
which may extend to five years and with fine. Anybody
likely to conduct an offence against any member of SC
or ST may be removed from the office (Sec. 10). |
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Reference |
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Th Scheduled
Caste and the scheduled Tribes (prevention of atrocities)
act 1989. Gazette of India (No. 33 of 1989). |
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