EXPECTED MODEL QUESTIONS
QUESTION 1 : 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 – Discuss with recent issues
Question 2 : Note “intentional insult” or “intimidation” with “intent” to humiliate a member of Scheduled Caste and Scheduled Tribe in any place within “public view” – Explain with legal provisions and cases
PANCHAYAT SECRETARY, WARD MEMBER ARRESTED IN CUDDALORE
It emerged that panchayat president Rajeshwari Saravana Kumar, from a Scheduled Caste, was forced to sit on the floor at panchayat meetings.
Case was booked under Section 3 (1) (m) and (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
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.
Section 3: Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe :
(m) forces or intimidates or obstructs a member of a Scheduled Caste or a Scheduled Tribe, who is a member or a Chairperson or a holder of any other office of a Panchayat under Part IX of the Constitution or a Municipality under Part IXA of the Constitution, from performing their normal duties and functions;
(r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;
shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
Relevant Case:
KESHAV REDDY S/O. RAMLU YELTIWAR v. THE STATE OF MAHARASHTRA:
The basic ingredients of Section 3(1)(r)(s) are that there must be “intentional insult” or “intimidation” with “intent” to humiliate a member of Scheduled Caste and Scheduled Tribe in any place within “public view”. It is to be noted that the mens rea would be the decisive factor in the offence under Act of 1989.
