Question

What is one of the salient features of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act?

• A. Arbitrary approach
• B. Presumption of innocence for accused
• C. Stringent anti-discriminatory provisions
• D. Optional implementation

Hint:

The SC/ST (Prevention of Atrocities) Act is a 'special law', which means its provisions are designed to be stricter and more specific than 'general laws' like the IPC. Key features to remember are the creation of new offenses, restrictions on anticipatory bail, and the establishment of special courts.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, also known as the SC/ST Act, is a special law enacted to prevent atrocities against members of the SC and ST communities. It is designed to be stronger than ordinary laws.
Step 2: Detailed Explanation:
Let's examine the features:

(A) Arbitrary approach: The Act follows specific procedures and defines offenses clearly. It is not arbitrary.
(B) Presumption of innocence for accused: While the presumption of innocence is a general principle of criminal law, the SC/ST Act contains certain provisions that place a higher burden on the accused. For instance, Section 8 presumes certain offenses to have been committed by non-SC/ST members if they had knowledge of the victim's identity. More importantly, Section 18 restricts the applicability of anticipatory bail, making the law more stringent for the accused.
(C) Stringent anti-discriminatory provisions: This is the most salient feature. The Act creates new categories of offenses that are not found in the Indian Penal Code, specifically criminalizing various acts of humiliation, discrimination, and violence against SC/ST members (e.g., forcing them to eat obnoxious substances, social boycott). It also provides for enhanced punishments and special courts for speedy trials.
(D) Optional implementation: The Act is a central law and its implementation is mandatory across the country.
Step 3: Final Answer:
The Act is characterized by its very strong and specific provisions designed to combat discrimination and atrocities, making them "stringent anti-discriminatory provisions."