• Act of atrocity

Respected sir,
                      what are the  acts /actions of a government official will be consider as the act of atrocity. weather one should abuse the person in front of other to by taking name of his cast to file atrocity case. if a government official without abusing the sc/st person by his cast but, torturing him internally what evidences will come into rescue of a victim to file atrocity case . please Help me in the issue.
with regards 
Dr.S.K.Jagadeesha
Asked 1 year ago in Constitutional Law from Mysore, Karnatka
1)stringent action can be taken against those committing atrocities against SC and ST communities or indulging in actions which are derogatory to their dignity, including social or economic boycott

2)actions like tonsuring of head, moustache, or similar acts which are derogatory to the dignity of members of SCs and STs, will now be treated as offences of atrocities. The offences include denying access to irrigation facilities or forest rights, "garlanding with chappals", compelling them to dispose or carry human or animal carcasses, or to dig graves, using or permitting manual scavenging, dedicating a SC or ST women as devadasi and abusing in caste name.   

3) Imposing social or economic boycott, hurting a SC or ST woman by removing her garments, forcing a member of SC/ST to leave house, village or residence, acts or gestures of a sexual nature against members of SCs and STs etc. Impeding certain activities related to voting especially vote or not vote for a particular candidate will also be considered an offence.       

4) merely because SC / St feels he is being tortured internally it would not help him in filing atrocity case 
Ajay Sethi
Advocate, Mumbai
35296 Answers
1958 Consultations

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Certain criminal (IPC) offences like hurt, grievous hurt, intimidation, kidnapping etc, attracting less than ten years of imprisonment, committed against members of SC/ST, will be treated as offences punishable under the PoA Act. 

2) earlier only  those offences listed in IPC as attracting punishment of 10 years or more and committed on members of Scheduled Caste/Scheduled Tribe were  accepted as offences falling under the PoA Act,
Ajay Sethi
Advocate, Mumbai
35296 Answers
1958 Consultations

5.0 on 5.0

To file a case under SC/ST Act the victim who has to be a SC/ST has to show that the accused intentionally insulted/humiliated him in a place within public view. The govt servant is liable to suspension if he remains in custody for more than 48 hours. The mere statement of the victim and his witnesses, if any, is sufficient to initiate the prosecution. 
Ashish Davessar
Advocate, Jaipur
21375 Answers
572 Consultations

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In 1989, the Government of India passed the Prevention of Atrocities Act (POA), which delineates specific crimes against Scheduled Castes and Scheduled Tribes as atrocities, and describes strategies and prescribes punishments to counter these acts. The Act attempts to curb and punish violence against Dalits through three broad means. Firstly, it identifies what acts constitute “atrocities.” Secondly, the Act calls upon all the states to convert an existing sessions court in each district into a Special Court to try cases registered under the POA. Thirdly, the Act creates provisions for states to declare areas with high levels of caste violence to be “atrocity-prone” and to appoint qualified officers to monitor and maintain law and order.
The Act provides for punishment for offences of atrocities committed against Scheduled Castes and Scheduled Tribes. Comprehensive Rules under the Act were notified in the year 1995, which inter-alia provides norms for relief and rehabilitation. 
Any person who is not a member of a scheduled caste or a scheduled tribe and commits an offence listed in the Act against a member of a scheduled caste or a scheduled tribe is an offender.
The victim is a member of a scheduled caste or a scheduled tribe against whom  the offences is committed by the offender: 
T Kalaiselvan
Advocate, Vellore
25285 Answers
248 Consultations

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Please send the most relevant information with IPC sections to understad it better



Besides this section 2 of the Act provides that whoever, not being a member of a Scheduled Caste or a Scheduled tribe:
(i) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is capital by the law for the time being in force shall be punished with imprisonment for life and with fine; and if an innocent member of a Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of such false or fabricated evidence, the person who gives or fabricates such false evidence, shall be punished with death;
T Kalaiselvan
Advocate, Vellore
25285 Answers
248 Consultations

5.0 on 5.0

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