DR. B.R.

AMBEDKAR NATIONAL LAW UNIVERSITY, SONEPAT

(Established under Haryana Act No. 15 of
2012)

PROJECT REPORT

LEGISLATIVE AMENDMENT BILL-

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT, 2024

SUBMITTED TO:
DR. MADHUKER SHARMA
(ASSOC.PROFF. OF LAW)
SUBMITTED BY:
ASHISH RAWAT
SECTION:B
SEMESTER7TH
2101098

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 ACKNOWLEDGEMENT

I am profoundly grateful to the Almighty for providing me with the strength, determination, and
honesty to successfully complete this project through sheer hard work. This research has been
made possible due to the invaluable support and cooperation of numerous individuals, and while
it’s impossible to name them all, I deeply appreciate each and every one of them.

A special thanks goes to my teacher, Dr. Madhuker Sharma, Associate Professor at NLU Sonepat,
whose guidance and unwavering support have been instrumental in this journey. He has been a
true mentor, always available whenever I required assistance. I am also thankful to the
administration for granting me access to their facilities, including extensive remote research
resources, which greatly contributed to the success of this project.
ASHISH RAWAT

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 TABLE OF CONTENTS

S.NO. TOPIC PAGE NO.

1 LEGISLATIVE AMENDMENT BILL 4-11

2 DETAILS ON REASONS, PURPOSE 12 -17

AND OBJECT

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 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, 2024

BILL

further to amend the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

(Bill No. 98 of 2024)

STATEMENT OF OBJECTS AND REASONS

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 aims to
prevent atrocities and discrimination against individuals belonging to Scheduled Castes (SCs) and
Scheduled Tribes (STs). The law seeks to safeguard their rights and dignity by providing stringent
legal provisions for the prevention, prosecution, and punishment of offenses committed against
them. It also mandates the establishment of special courts and the appointment of special officers
to ensure effective enforcement of the law, thereby promoting social justice and protecting these
marginalized communities from exploitation and violence.

Objects-

1. To Increased Penalties for Habitual Offenders.

2. To Strengthening Accountability of Public Servants
3. To establish fast track courts for SC/ST atrocities cases
4. To Faster Compensation to Victims
5. To Mandate Sensitization and Awareness Programs

Reasons:

1. Increasing penalties for habitual offenders under The Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 is crucial to enhancing the
deterrence against repeated atrocities and ensuring justice for marginalized
communities. By introducing a minimum sentence of 5 years for repeat offenders, the

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 law strengthens its response to those who persistently violate the rights of Scheduled
Castes and Scheduled Tribes.

2. It is essential to ensure timely and unbiased justice for victims of atrocities. By

increasing the punishment for negligence to a minimum of one year and mandating
automatic suspension or disciplinary action for failure to file FIRs or conduct
investigations, we reinforce the responsibility of public servants to uphold the law.
These amendments would foster a more effective and fair system for handling SC/ST
atrocity cases, protecting vulnerable communities from further injustice.

3. It is crucial to ensure timely and effective justice for victims of SC/ST atrocities. By
creating dedicated courts that handle only SC/ST-related cases, the legal process
becomes more focused and efficient. The provision to conclude cases within six
months guarantees that victims do not endure prolonged legal battles, which can lead
to further trauma and delay justice. This amendment will help reduce case backlogs,
provide quicker resolutions, and enhance the confidence of marginalized communities
in the justice system.

4. Victims often face immediate financial hardship due to medical expenses,

rehabilitation, and social exclusion, making prompt support essential for their
recovery. By ensuring interim financial relief at the earliest stage and offering
monthly support, these amendments help mitigate the economic and social impact of
the atrocity, ensuring that victims can focus on their recovery without the added
burden of livelihood loss or fear of further victimization. This approach promotes
justice and dignity for marginalized communities.

5. It is essential to reduce caste-based bias in the implementation of The Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. By
requiring annual anti-discrimination training for police, judiciary, and public
servants, we ensure that those involved in law enforcement and administration are
better equipped to handle cases without prejudice. This training will promote greater
understanding of caste sensitivity and the social context of discrimination, leading to
fairer implementation of the law. Awareness campaigns in schools, colleges, and
public offices will further educate society about SC/ST rights and the legal
consequences of atrocities, fostering a culture of equality and respect. These
amendments aim to reduce bias and improve the overall effectiveness of the law in
protecting marginalized communities.

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BE IT ENACTED by Parliament in the Seventy-fifth Year of the Republic of India as
follows:

1. Short Title, Extent and Commencement

1. This Act may be called the THE SCHEDULED CASTES AND THE SCHEDULED
TRIBES (PREVENTION OF ATROCITIES) (Amendment) Act, 2024.

2. It shall extend to the whole of India.

3. It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint.

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 2. Amendment to Section 3 – Increased Penalties for Habitual Offenders
Section 3(vii) : being a public servant, commits any offence under this section, shall be
punishable with imprisonment for a term which shall not be less than one year but which may
extend to the punishment provided for that offence.

In Section 3 of the SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF

ATROCITIES) ACT, 1989, after the existing text, the following shall be inserted:
Section 3: Introduce a minimum sentence of 5 years (up from the current 6 months to 5 years
range) for repeat offenders who are convicted of atrocities under the Act.

New Section 3A: Create a provision for cumulative sentencing for habitual offenders, meaning
that if a person commits more than one atrocity, the sentences for each offense should run
consecutively, not concurrently.

3. Amendment to Section 4 – Strengthening Accountability of Public Servants

Section 4- Punishment for neglect of duties.—

(1) Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled
Tribe, wilfully neglects his duties required to be performed by him under this Act and the rules
made thereunder, shall be punishable with imprisonment for a term which shall not be less than
six months but which may extend to one year.

(2) The duties of public servant referred to in sub-section (1) shall include––

(a) to read out to an informant the information given orally, and reduced to writing by the officer
in charge of the police station, before taking the signature of the informant;

(b) to register a complaint or a First Information Report under this Act and other relevant
provisions and to register it under appropriate sections of this Act;

(c) to furnish a copy of the information so recorded forthwith to thein formant;

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(d) to record the statement of the victims or witnesses;

(e) to conduct the investigation and file charge sheet in the Special Court or the Exclusive Special
Court within a period of sixty days, and to explain the delay if any, in writing;

(f) to correctly prepare, frame and translate any document or electronic record;

(g) to perform any other duty specified in this Act or the rules made thereunder: Provided that the
charges in this regard against the public servant shall be booked on the recommendation of an
administrative enquiry.

(3) The cognizance in respect of any dereliction of duty referred to in sub-section (2) by a public
servant shall be taken by the Special Court or the Exclusive Special Court and shall give direction
for penal proceedings against such public servant.]

In Section 4 of the SCHEDULED CASTES AND THE SCHEDULED TRIBES

(PREVENTION OF ATROCITIES) ACT, 1989, after the existing text, the following shall be
added:

Section 4: Currently, this section prescribes up to six months of imprisonment for public
servants who neglect their duties. The punishment could be increased to a minimum of one year,
and provisions for automatic suspension or disciplinary action upon the failure to file an FIR
or conduct timely investigations should be added.

New Section 4A: Introduce a mandatory review mechanism for cases where public officials fail
to act. A special oversight body could be constituted at the district or state level to monitor the
actions of public servants handling SC/ST atrocity cases.

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 4. Amendment to Section 16 – Establish fast track courts for SC/ST atrocities cases

Section 16- Power of State Government to impose collective fine.—The provisions of

section 10A of the Protection of Civil Rights Act, 1955 (22 of 1955) shall, so far as may be,
apply for the purposes of imposition and realisation of collective fine and for all other matters
connected therewith under this Act.

In Section 16 of the SCHEDULED CASTES AND THE SCHEDULED TRIBES

(PREVENTION OF ATROCITIES) ACT, 1989 the following explanation shall be inserted:

Section 16A (Fast-Track Courts for SC/ST Atrocities Cases):

1.The Central Government shall establish fast-track courts in each state and union territory to
hear and dispose of cases under this Act in a time-bound manner. These courts shall handle only
cases related to atrocities and discrimination against SC/ST individuals.

2.The fast-track courts shall aim to conclude all such cases within six months from the date of
filing, ensuring that victims do not face unnecessary delays and can seek justice without
prolonged legal proceedings.

5.Amendment to Section 21 – Faster Compensation to Victims

Section 21- Duty of Government to ensure effective implementation of the Act.—(1)

Subject to such rules as the Central Government may make in this behalf, the State
Government shall take such measures as may be necessary for the effective implementation
of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisions, such
measures may include,— (i) the provision for adequate facilities, including legal aid, to the
persons subjected to atrocities to enable them to avail themselves of justice; (ii) the provision
for travelling and maintenance expenses to witnesses, including the victims of atrocities,

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 during investigation and trial of offences under this Act; (iii) the provision for the economic
and social rehabilitation of the victims of the atrocities; (iv) the appointment of officers for
initiating or exercising supervision over prosecutions for the contravention of the provisions
of this Act; (v) the setting up of committees at such appropriate levels as the State
Government may think fit to assist that Government in formulation or implementation of
such measures; (vi) provision for a periodic survey of the working of the provisions of this
Act with a view to suggesting measures for the better implementation of the provision of this
Act;
(vii) the identification of the areas where the members of the Scheduled Castes and the
Scheduled Tribes are likely to be subjected to atrocities and adoption of such measures so as
to ensure safety for such members.
(3) The Central Government shall take such steps as may be necessary to co-ordinate the
measures taken by the State Governments under sub-section .
(4) The Central Government shall, every year, place on the table of each House of Parliament
a report on the measures taken by itself and by the State Governments in pursuance of the
provisions of this section.

In Section 21 of the SCHEDULED CASTES AND THE SCHEDULED TRIBES

(PREVENTION OF ATROCITIES) ACT, 1989 , for the existing section, the following shall
be substituted:
Section 21: Amend to require that interim relief (financial compensation) be provided to
victims immediately upon the filing of the FIR, and not contingent on the completion of
investigations or trials. Compensation should cover medical expenses, rehabilitation, and
relocation costs.

SECTION 21A

A provision for monthly financial support to the victim or their family during the pendency of
the trial to help with livelihood loss due to social exclusion or intimidation of the atrocity.

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6.Amendment to section 22 - Mandate Sensitization and Awareness Programs

No suit, prosecution or other legal proceedings shall lie against the Central Government or
against the State Government or any officer or authority of Government or any other person for
anything which is in good faith done or intended to be done under this Act.

In Section 22 of the SCHEDULED CASTES AND THE SCHEDULED TRIBES

(PREVENTION OF ATROCITIES) ACT, 1989, after the existing text, the following shall be
added:

Section 22A: Mandate compulsory sensitization and anti-discrimination training for

police officers, judicial officers, public servants, and government employees. Such
programs should be held annually and include sessions on caste sensitivity, legal
provisions, and the social context of caste discrimination.

Section 22B: Introduce mandatory awareness campaigns in schools, colleges, and

public offices to educate people about the rights of SC/ST communities and the penalties
for atrocities.

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 DETAILS ON REASONS & OBJECT BEHIND THE AMENDMENT

STATEMENT ON REASON

1. Increased Penalties for Habitual Offenders

It is crucial for deterring habitual offenders and reinforcing the seriousness of crimes
under the Act. Increasing the minimum sentence to 5 years for repeat offenders ensures
that those who continue to commit atrocities face more significant consequences, making
it less likely for them to engage in such crimes again. The introduction of cumulative
sentencing in Section 3A further ensures that habitual offenders are not given lenient
treatment, and each offense is penalized independently, making it harder for them to
avoid just punishment. This approach strengthens the law’s deterrent effect and ensures a
more effective response to recurring offenses.

2. Strengthening Accountability of Public Servants

It is essential to ensure that officials take their responsibilities seriously when handling
cases of atrocities against SC/ST individuals. Increasing the minimum punishment to one
year for neglect or bias encourages a more proactive approach and ensures accountability.
Additionally, the introduction of a mandatory review mechanism through an oversight
body will provide greater transparency, prevent abuse of power, and ensure that cases are
handled impartially and efficiently. These changes are crucial for upholding justice and
protecting the rights of marginalized communities, while deterring neglect or bias by
public servants.

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3. Establish fast track courts for SC/ST atrocities cases:

It is essential to address the longstanding issue of delays in justice for marginalized

communities. By setting up dedicated courts and ensuring a six-month timeline for
case resolution, this amendment aims to provide timely justice to victims who often
face systemic discrimination and lengthy legal battles. The specialized courts will
streamline proceedings, reduce backlog, and prioritize the swift adjudication of
atrocities, ensuring that perpetrators are held accountable and that victims receive the
support and justice they deserve without unnecessary delay.

4. Faster Compensation to Victims

It is crucial to providing timely assistance and reducing the burden on victims during
the trial process. Immediate compensation will help victims cover medical expenses,
rehabilitation, and relocation costs, preventing them from facing further hardships
while awaiting trial. Additionally, monthly financial support will assist victims or
their families in coping with livelihood loss due to social exclusion or intimidation,
ensuring that they are not economically devastated by the crime. These amendments
are vital to supporting victims' recovery and dignity throughout the judicial process.

5. Mandate Sensitization and Awareness Programs

It is essential for reducing caste-based bias and ensuring the effective implementation
of laws protecting SC/ST communities. Section 22A will ensure that police officers,
judicial officers, public servants, and government employees undergo regular training
on caste sensitivity, legal provisions, and the social realities of caste discrimination,
promoting a more empathetic and fair approach. Section 22B will extend these efforts
to the broader public, creating awareness in schools, colleges, and workplaces about
SC/ST rights and penalties for atrocities, fostering a more inclusive society. These
initiatives are vital for addressing caste bias at all levels of governance and society,
leading to better protection and justice for marginalized communities.

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 STATEMENT ON PURPOSE

1 "Imposing Stricter Penalties on Repeat Offenders" is to strengthen deterrence

and emphasize the seriousness of repeated crimes. By raising the minimum sentence
to 5 years for repeat offenders and introducing cumulative sentencing in Section 3A,
this approach ensures that habitual offenders face progressively harsher consequences.
This makes it less likely for them to reoffend and reinforces a more effective legal
response to recurring offenses. Ultimately, these measures aim to uphold justice and
prevent future crimes.is to strengthen deterrence and emphasize the seriousness of
repeated crimes. By raising the minimum sentence to 5 years for repeat offenders and
introducing cumulative sentencing in Section 3A, this approach ensures that habitual
offenders face progressively harsher consequences. This makes it less likely for them
to reoffend and reinforces a more effective legal response to recurring offenses.
Ultimately, these measures aim to uphold justice and prevent future crimes

2.To Enhance the Accountability of Public Officials

It is to strengthen the accountability of public servants, particularly in cases

involving atrocities against SC/ST individuals. By increasing the minimum
punishment for neglect or bias to one year, we aim to foster a more responsible and
proactive approach among officials. The introduction of a mandatory oversight review
mechanism will further ensure transparency, prevent abuse of power, and guarantee
impartial handling of such cases. These reforms are vital to uphold justice, protect the
rights of marginalized communities, and deter neglect or bias in public service.

3."Establishing specialized fast-track courts for cases related to atrocities against

SC/ST communities." it is to ensure timely justice for marginalized communities
who often endure prolonged legal battles due to systemic discrimination. By
implementing dedicated courts with a six-month resolution timeline, this initiative
seeks to expedite proceedings, reduce case backlogs, and prioritize the swift
adjudication of such cases. The goal is to hold perpetrators accountable and provide
victims with the support and justice they deserve without unnecessary delays.
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4.Rapid Support for Victims through Compensation

It is to ensure timely and effective support for victims during the judicial process. By
providing faster compensation, victims will be able to cover immediate costs such as
medical care, rehabilitation, and relocation, minimizing their suffering while awaiting
trial. Monthly financial assistance will also help families cope with livelihood loss
caused by social exclusion or intimidation, preventing further economic devastation.
These changes are essential to promoting victims' recovery, well-being, and dignity as
they navigate the justice system.

5.Promote Awareness and Understanding Initiatives

The purpose of this initiative is to reduce caste-based bias and ensure the effective
enforcement of laws safeguarding SC/ST communities. By implementing Sections
22A and 22B, the program will provide regular training for police officers, judicial
officers, public servants, and government employees on caste sensitivity, legal rights,
and social realities, promoting empathy and fairness. Additionally, it will raise
awareness in schools, colleges, and workplaces about SC/ST rights and the penalties
for caste-based atrocities, fostering a more inclusive society. These efforts are
essential for combating caste discrimination and enhancing protection and justice for
marginalized communities.

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 STATEMENT ON OBJECT

1. To Enhanced Punishments for Repeat Offenders under Section 3: The object of

increasing penalties for habitual offenders is to create a stronger deterrent against repeated
criminal behavior. By raising the minimum sentence for repeat offenders and introducing
cumulative sentencing, the law ensures that those who persist in committing crimes face
more severe and independent consequences for each offense. This approach reinforces the
seriousness of the crimes and reduces the likelihood of reoffending, promoting a more
effective justice system.

2. To "Enhancing the Responsibility and Transparency of Public Servants"

under Section 4: This amendment aims to explicitly define and punish custodial
torture, holding law enforcement accountable for acts of torture inflicted on individuals
in custody, thereby strengthening the protection of human rights in India.

3 To "Establish fast track courts for cases related to SC/ST atrocities." under
Section 16: it is to ensure timely justice for marginalized communities who face
systemic discrimination and prolonged legal processes. By creating specialized courts
with a six-month resolution timeline, the amendment aims to expedite the
adjudication of such cases, reduce the backlog, and ensure that perpetrators are swiftly
held accountable. This initiative seeks to provide victims with the justice and support
they deserve without unnecessary delays.

4. To Fast Compensation for Affected Individuals under Section 21:It is to ensure

timely and adequate assistance for victims, reducing their hardships during the trial
process. By providing immediate compensation for medical expenses, rehabilitation,
and relocation, and offering monthly financial support to mitigate livelihood loss,
these amendments aim to protect victims from further economic strain. This approach
supports their recovery, dignity, and well-being throughout the judicial proceedings.

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5. To Implement Awareness and Sensitization Initiatives under section 22:
It is to reduce caste-based discrimination and ensure the effective enforcement of laws
safeguarding SC/ST communities. Through Sections 22A and 22B, the mandate
focuses on providing regular caste sensitivity training for law enforcement, public
servants, and government employees, while also raising awareness among the general
public in schools, colleges, and workplaces. These efforts aim to foster a more
empathetic, inclusive society, ensuring better protection and justice for marginalized
communities by addressing caste bias at all levels of governance and society.

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