Question

Which of the following statement/s are incorrect regarding The Prevention of Atrocities (Scheduled Castes and Scheduled Tribes) Act, 1989?

1. The Act outlines preventive measures to be taken by the authorities to ensure the safety and protection of SCs and STs.
2. In certain cases, the Act presumes that the accused is guilty unless proven otherwise.
3. The punishments for offenses under this Act are more severe compared to similar offenses under the Indian Penal Code.
4. Special courts are designated to try offenses under this Act for speedy justice.

• A. 1 only
• B. 3, 4
• C. All of these
• D. 2, 4

Answer 1

Answer:

C. All of these

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

• It is an Act of the Parliament of India enacted to protect members of the scheduled castes and tribes from atrocities.
• The act is also popularly known as the SC/ST Act or POA.
• The act was amended in 2013, and the changes were brought into effect on January 14, 2016.
• The Act defines various offenses and crimes committed against SCs and STs as atrocities.
• This includes crimes such as assault, sexual exploitation, and intimidation.

Section 8 of the Act

• In the Prevention of Atrocities (Scheduled Castes and Scheduled Tribes) Act, 1989, there is a provision that establishes a legal presumption regarding the guilt of the accused in certain cases.
• This provision is known as a "Presumption as to offenses" and is outlined in Section 8 of the Act.
• According to this section, in specific circumstances, the law presumes that the accused is guilty unless proven otherwise.
• In other words, the burden of proof is shifted to the accused, requiring them to demonstrate their innocence.
• This is a departure from the general legal principle that an individual is considered innocent until proven guilty.

Severe Punishments

• The Prevention of Atrocities (Scheduled Castes and Scheduled Tribes) Act, 1989, provides for more stringent punishments compared to similar offenses under the Indian Penal Code (IPC).
• The rationale behind the Act's provisions for enhanced penalties is to address the historical and systemic discrimination and violence faced by Scheduled Castes (SCs) and Scheduled Tribes (STs).

Special Courts

• The Act provides for the establishment of special courts to expedite the trial of offenses under its purview.
• These special courts are designated to ensure a speedy and effective justice delivery system specifically for cases related to atrocities against SCs and STs.