Union Government notified SC and ST (Prevention of Atrocities) Amendment Rules, 2016

Union Government on 14 April 2016 notified the Scheduled Castes (SC) and the Scheduled Tribes (ST) (Prevention of Atrocities (PoA)) Amendment Rules, 2016. The amendments are done in the principal rules of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995.

 The key features of the SC and ST (PoA) Amendment Act, 2015, are:

• New offences of atrocities like tonsuring of head, moustache, or similar acts which are derogatory to the dignity of members of Scheduled Castes and Scheduled Tribes, garlanding with chappals, denying access to irrigation facilities or forest rights , dispose or carry human or animal carcasses, or to dig graves, using or permitting manual scavenging, dedicating a Scheduled Caste or a Scheduled Tribe women as devadasi, abusing in caste name, perpetrating witchcraft atrocities, imposing social or economic boycott, preventing Scheduled Castes and Scheduled Tribes candidates from filing of nomination to contest elections, hurting a Scheduled Castes/Scheduled Tribes woman by removing her garments, forcing a member of Scheduled Caste/Scheduled Tribe to leave house , village or residence, defiling objects sacred to members of Scheduled Castes and Scheduled Tribe, touching or using words, acts or gestures of a sexual nature against members of Scheduled Castes and Scheduled Tribe.

• Addition of certain IPC offences like hurt, grievous hurt, intimidation, kidnapping etc., attracting less than ten years of imprisonment, committed against members of Scheduled Caste/Scheduled Tribe, as offences punishable under the PoA Act.

• Establishment of Exclusive Special Courts and specification of Exclusive Special Public Prosecutors also, to exclusively try the offences under the PoA Act to enable speedy and expeditious disposal of cases.

• Power of Special Courts and Exclusive Special Courts, to take direct cognizance of offence and as far as possible, completion of trial of the case within two months, from the date of filing of the charge sheet

• Addition of chapter on the Rights of Victims and Witnesses.

• Defining clearly the term willful negligence of public servants at all levels, starting from the registration of complaint, and covering aspects of dereliction of duty under the Act.

• Addition of presumption to the offences –If the accused was acquainted with the victim or his family, the court will presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise.

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