What exactly is the SC/ST Act, and why has it led to Bharat Bandh?

India is facing yet another protest regarding Scheduled Castes and Tribes (Prevention of Atrocities) Act. First of all, what is this act about and why it has created such a huge controversy?

The Rajiv Gandhi led Congress government had enacted the much-needed Scheduled Castes & Scheduled Tribe (Prevention of Atrocities) Act, 1989 in furtherance of the abolition of untouchability and equality provisions in the constitution.

According to media reports, the one major objective of this Act is to prevent oppression of people belonging to the Scheduled Castes and Scheduled Tribes. It also seeks to deter people from committing such oppression and providing victims with special rights and privileges.

A fast-track court for complaints made by anyone from the SC and ST community is also established. Not only does the Act increase punishment in some instances for crimes under Indian Penal Code (IPC) but also targets specific crimes – generally humiliating in nature – against SC and ST communities. An amended law came into effect from January 26 of 2016 which widened offences recognised by the Act and also promised to further ensure a speedy judicial process.

Also read: ‘Bharat Bandh’ Live Updates: Protests turns violent in Uttar Pradesh and Rajasthan

The whole controversy erupted last month when, on March 20, the Supreme Court noted that there are instances of abuse using SC/ST Act against government servants. It held that a public servant can only be arrested after approval of the appointing authority. Whereas a non-public servant can be arrested after approval by the Senior Superintendent of Police (SSP) which may be granted in appropriate cases if considered necessary for reasons recorded. A preliminary inquiry will also have to be conducted before an FIR is filed and it is to be ascertained whether the charges fall under the Act or is a result of political and/or personal reasons.