ISSN: 2265-6294

The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 & its Current Implementation Status B

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Naseem Ahmed, Miss Jabeen Chandni

Abstract

In this article, we examine the extent to which the SC/ST (PoA) Act, 1989 has been implemented. More than 400 castes or social strata in Hindu society are deemed untouchable. These people are classified as scheduled castes and tribes. The caste system evolved not on the basis of one's birth, but of one's profession. Despite the fact that equality is stated in the preamble of India's constitution, people who identify as Indian treat folks in lower castes with a level of barbarism akin to that demonstrated toward animals. In a speech to the Indian Constituent Assembly, Dr. Bhim Rao Ambedkar provided a vivid portrait of Indian society. Though it guarantees some basic rights to those from lower castes in an effort to end caste prejudice, the Indian Constitution has not been successful in achieving this goal. After the dissolution of the Constitution, the Untouchability (Offenses) Act of 1955 was passed, although it contained a number of gaps and omissions that necessitated a major modification being drafted by the government. The Protection of Civil Rights Act is the modern name for the original statute, which was revised in 1976. Despite significant efforts to improve their economic standing, the SCs and STs continue to be a marginalised community that is subject to a variety of forms of discrimination and abuse. These atrocities against the Schedule Caste and Schedule Tribe populations have been shown to be unstoppable by the Indian Penal Code and the Protection of Civil Rights Act of 1955. In 1989, Parliament passed the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act to address these issues. The Act has failed to accomplish its objectives ever since it was enacted. Concerningly, the state has shown little interest in enforcing the Act and has not taken the required steps to help victims of crime reintegrate into society. Even though these aren't the only things to think about, they deserve attention. This article reviews and assesses how poorly the requirements of the (PoA Act) and the Rules are being followed in practise, notwithstanding revisions to the Act in 2016 and 2018. The original (PoA) Act was signed into law back in 1989.

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