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S. Malik's Commentaries on the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities): Alongwith the Protection of Civil Rights ACT, 198 download ebook

by Surendra Malik

S. Malik's Commentaries on the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities): Alongwith the Protection of Civil Rights ACT, 198 download ebook
ISBN:
8171110592
ISBN13:
978-8171110599
Author:
Surendra Malik
Publisher:
Law Publishers (India) (January 2003)
ePUB:
1828 kb
Fb2:
1288 kb
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Category:
Politics & Government
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Rating:
4.4

SPECIAL COURT AND EXCLUSIVE SPECIAL COURT The Scheduled Castes and the Scheduled Tribes . Creation of new types of offences not in the Indian Penal Code (IPC) or in the Protection of Civil Rights Act 1955 (PCRA).

SPECIAL COURT AND EXCLUSIVE SPECIAL COURT The Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Amendment Act 2015 has been notified to be enfo. Enlarges the area of criminal liability by identifying new types of offences, thereby including several acts of omission and commission not covered under either the IPC or PCR Act. Protects SCs & STs from various kinds of atrocities relating to social disabilities, property, malicious persecution, political rights and economic exploitation.

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes.

Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have .

Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed .

News SC has issued directions regarding Scheduled Caste and Scheduled Tribes ( prevention of Atrocities ) Act 1989 Background In a complaint filed under the Atrocities Act, Supreme Court of India felt the need of procedural safeguards and issued the following directions in Subhash.

News SC has issued directions regarding Scheduled Caste and Scheduled Tribes ( prevention of Atrocities ) Act 1989 Background In a complaint filed under the Atrocities Act, Supreme Court of India felt the need of procedural safeguards and issued the following directions in Subhash Mahajan vs State of Maharashtra vis a vis PoA act:. There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny, the complaint is found to be prima facie mala fide.

Recognizing these loopholes the Parliament, passed & Caste and Schedule Tribe (Prevention of. .

Recognizing these loopholes the Parliament, passed & Caste and Schedule Tribe (Prevention of Atrocities) Act 1989 and Rules 1995. The Preamble of the Constitution of India itself talks about the equal status of the citizens of India. The normal provisions of the existing laws like the Protection of Civil Rights Act 1955 and Indian Penal Code have been found inadequate to check these atrocities continuing the gross indignities and offences against Schedule Caste and Schedule Tribes. Recognizing these existing problems the Parliament passed Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 and Rules, 1995.

Amendments to existing laws. Amends various provisions listed in Section 3 of the principal act which provides for the punishment for offences of Tribe atrocities. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Amendments to existing laws Legislation Updates. Amends various provisions listed in Section 4 of the principal act which provides for the punishment for neglect of duties.

Dedicating a Scheduled Caste or a Scheduled Tribe woman to a deity as a devadasi. Intentionally touching a SC or ST woman when such act of touching is of a sexual nature and is without the recipient‘s consent. Using words, acts or gestures of a sexual nature towards a SC or ST woman. Forcing ‘begar’ or other forms of forced or bonded labour onto an SC or ST person. Compelling an SC or ST person to dispose or carry human or animal carcasses, or to dig graves; Forcing, employing or permitting a SC or ST person to do manual scavenging.

The purpose of the Act was to prevent atrocities and help in social inclusion of Dalits into the society, but the Act has failed to live up to its expectations. Constitution of Special Court. Justice Ramaswamy observed in the case of State of Karnataka v. Ingale that more than seventy-five percent of cases brought under the SC/ST Act end in acquittal at all levels. The situation has not improved much over the last decade.

One of the government officials named in the FIR filed by Gaikwad approached the Supreme Court seeking quashing of this complaint against him. The Supreme Court on Mar 20 pronounced the verdict changing the course of how complaints under the SC ST Atrocities Act are dealt with. On March 20 judgment of a two-judge bench which 'diluted" the SC/ST (Prevention of Atrocities) Act by laying down stringent ‘safeguards’ before registering a case under it and banned automatic arrests.