COUNCIL FOR PROMOTION OF SOCIAL
JUSTICE & EMPOWERMENT OF INDIA

Prevention of Atrocities (Scheduled Castes and Scheduled Tribes) Act, 1989

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, commonly referred to as the Prevention of Atrocities (PoA) Act, is a landmark social justice legislation enacted to prevent atrocities, discrimination, and exploitation against members of Scheduled Castes (SCs) and Scheduled Tribes (STs). The Act provides a legal framework to protect these communities from violence, humiliation, and social exclusion, and ensures stringent punishment for offenders.

The Act recognizes the historical oppression and ongoing challenges faced by SCs and STs and aims to uphold their rights to equality, dignity, and social justice through legal safeguards, speedy trial mechanisms, and dedicated provisions for relief and rehabilitation.

Objectives

  • To prevent atrocities and offenses against individuals belonging to Scheduled Castes and Scheduled Tribes

  • To ensure immediate legal protection, relief, and rehabilitation for victims of caste-based violence and discrimination

  • To create an environment of security, respect, and inclusion for SC and ST communities

  • To strengthen legal deterrence against caste-based crimes through stringent punishment and special courts for speedy trials

  • To uphold the constitutional values of equality and social justice

Salient Features of the Act

  • Specific Offenses Defined Under the Act

    • Acts of physical violence, social boycotts, verbal abuse, and property-related offenses

    • Forced labor, denial of access to public places, humiliation, sexual harassment, and other acts of discrimination or exploitation

    • Offenses committed by public servants on the basis of caste

  • Special Courts for Speedy Trials

    • Establishment of Special Courts and Exclusive Special Courts for the trial of offenses under this Act

    • Appointment of Special Public Prosecutors for effective legal representation

  • Relief and Rehabilitation for Victims

    • Financial compensation for victims based on the severity of the offense, as per prescribed schedules

    • Provision of medical aid, legal aid, protection, temporary accommodation, and livelihood support

    • Rehabilitation plans for victims and their families

  • Witness Protection and Legal Safeguards

    • Protection for victims, witnesses, and their families from intimidation or threats during investigation and trial

    • Provisions to prevent the misuse of procedural delays and to ensure victim-friendly trial processes

  • Accountability of Public Servants

    • Strict action against public servants who fail to perform their duties under the Act, such as filing FIRs, conducting timely investigations, or providing relief

Welfare Measures Under the Act

  • Awareness and Sensitization Programs: Training for police, judicial officers, and administrative staff on the provisions and spirit of the PoA Act

  • Monitoring Mechanism: Constitution of District and State-Level Vigilance and Monitoring Committees to oversee the implementation of the Act

  • Prevention Initiatives: Steps to eliminate untouchability, promote communal harmony, and sensitize communities

  • Victim Compensation Scheme: Financial aid and rehabilitation package as prescribed by the central and state governments

  • Legal Aid and Counseling: Free legal representation, psychological counseling, and social rehabilitation services for victims

  • Protection Homes and Shelters: Temporary accommodation and protection facilities for victims and their families

Penalties Under the Act

  • Stringent punishments including imprisonment ranging from 6 months to life imprisonment, depending on the nature of the offense

  • Offenses under this Act are cognizable and non-bailable

  • Enhanced punishment for repeat offenders and for public servants found guilty of negligence

Implementation Authorities

  • Ministry of Social Justice and Empowerment (Government of India)

  • State Governments and Union Territories

  • District Magistrates and Superintendents of Police

  • Special Courts and Special Public Prosecutors

How to Seek Assistance Under the Act

  • Victims can file complaints directly at the nearest police station

  • Approach the District Magistrate or SC/ST Welfare Department for relief measures

  • Legal assistance is available through State Legal Services Authorities

  • Victims can approach Special Courts constituted under the Act for speedy trial and justice