Article 17

Article 17

Article 17 of our constitution included the end of untouchability as a fundamental right in the Constitution for the prevention of atrocities against untouchability and weaker sections prevailing in our country, but still in atrocities against Dalits and backward people There was no shortage, so untouchability was considered a crime apart from a human act and that is why this law came into existence. The Scheduled Castes and Tribes Atrocities Prevention Act is a special law and in totality it is punitive in terms of prevention of atrocities or oppression. Under whom the offenses are also treatable under other current laws but this law is applicable only when the offense committed by the accused knowing that the offense has been committed against that person because that person is Scheduled Caste and Scheduled Belongs to the tribe. In this act, harassment of special class has been rendered non-bailable and penal. A special court has been constituted for the offenses committed under this Act, whose presiding officer is the officer of the Sessions Judge Sir, its offenses cannot be eliminated by persuasion.

The Untouchability Offenses Act was passed by Parliament in pursuance of Article 17 of the Constitution, then through amendment, the name of the said Act was changed and it was renamed the Protection of Civil Rights Act, 1955, after which exploitation of the work of Scheduled Castes and Scheduled Tribes. And for the purpose and purpose of setting up a special court to get rid of atrocities, the Parliament in 1989 The Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act 1989 was passed on 11 September 1989, this Act was implemented by the Central Government on 30 January 1990.

The main objective of the Scheduled Castes and Tribes Atrocities Prevention Act is to bring the people of this class who have been victims of atrocities into the mainstream and revive them by liberating this particular class from atrocities. The Act was approved by the President on 119 1989 and passed on 11 September 1989.

The Act was enacted by the Central Government on 30 January 1990. In this act, extensive amendments have been made by the Scheduled Castes and Tribes Prevention of Atrocities Amendment Act 2015 No. 1 of the year 2016. This amendment act has been implemented from 26 January 2016.

The Scheduled Castes and Tribes Prevention of Atrocities Act 1989 is of criminal nature and comes under the purview of special law as per Section 41 of the Indian Penal Code 1960.

According to Section 41 of Indian Penal Code 1860, a special law is a law that is applicable to a particular subject. The Act extends to the whole of India except the state of Jammu and Kashmir.

The Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act 1989 is divided into 5 chapters.
  • Chapter 1 Preliminary Section 1 and Section 2.
  • Chapter 2 Offenses of Atrocities Section 3 to Section 9.
  • Chapter 3 Removal Section 10 to Section 13.
  • Chapter 4 Special Courts Special Courts Section 14 and Section 15.
  • Chapter 4A Rights of Victims and Witnesses Section 15A.
  • Chapter 5 Miscellaneous Section 16 to Section 23.
  • When does this special law apply against an accused or convicted person under this Act, if a person who commits an offense The character is of the caste or other backward class and the crime committed by him is done by knowing that the young person is a member of the scheduled caste or scheduled tribe.

    Scheduled Castes and Scheduled Tribes have the same meaning as in Section 24 and Section 25 of Article 366 of the Constitution.

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