·The Hindu·15 marks·250–350 words

Despite the SC/ST (Prevention of Atrocities) Act, 1989, caste-based violence continues unabated in India. Critically examine the structural and institutional gaps in implementation.

In this answer
  1. Strengths of the statutory framework
  2. Structural gaps
  3. Institutional gaps

The SC/ST (Prevention of Atrocities) Act, 1989 was enacted to punish caste atrocities and provide Special Courts, relief and rehabilitation. Yet 55,685 cases of crimes against SCs were registered in 2024 alone [1], and the recent deaths of an inter-caste youth and girl in Mayiladuthurai, Tamil Nadu [2] show that the gaps are as much structural as institutional.

Strengths of the statutory framework

  • Offences are cognizable and non-bailable; the 2018 Amendment inserted Section 18A, barring preliminary inquiry, approval before arrest, and anticipatory bail, reversing the Supreme Court's dilution [3].
  • The 2015 Amendment expanded the list of atrocities and provided for Exclusive Special Courts; central assistance funds SC/ST Protection Cells, special police stations, victim relief and inter-caste marriage incentives [1].

Structural gaps

  • Caste endogamy is enforced by families and caste panchayats; there is no standalone "honour killing" offence, such deaths being prosecuted only as murder or abetment under the BNS.
  • Victims' economic dependence on dominant castes produces compromise, complaint withdrawal and social boycott.
  • Chronic under-reporting, aggravated by low awareness of remedies such as the National Helpline against Atrocities (14566) [4].

Institutional gaps

  • Low conviction rates and case pendency persist, as Exclusive Special Courts and Special Public Prosecutors are not uniformly operational across districts [4].
  • Police-level dilution: delayed FIRs, casual inquests under BNSS Section 194 [2], and weak charge-sheeting erode the case before trial.
  • Uneven identification of atrocity-prone areas, weak witness protection and delayed Rule 12(4) relief [1].

The Act's design is sound; its enforcement chain is not. Strengthening exclusive courts, time-bound charge-sheeting, victim-witness protection and district-level vigilance committees — combined with social measures like inter-caste marriage support and awareness drives — can close the gap. Realising Article 17's promise of a caste-free social order requires the Act to be matched by administrative will and social reform.

Sources

  1. 1PIB — Government Strengthens Implementation of SC/ST (Prevention of Atrocities) Act Through Financial Assistance to States and UTs2024 case registration figures; central assistance for Exclusive Special Courts, Protection Cells, victim relief and inter-caste marriage incentive
  2. 2The Hindu — "Youth, girl of different castes found dead in Mayiladuthurai"the Mayiladuthurai case; registration under the PoA Act and BNSS Section 194 inquest
  3. 3PIB — Parliament Passes SC/ST (Prevention of Atrocities) Amendment Bill, 2018Section 18A; bar on anticipatory bail and preliminary inquiry
  4. 4Ministry of Social Justice & Empowerment — Annual Report under Section 21(4) of the SC/ST (PoA) Actconviction and pendency position, Special Court functioning, helpline and awareness measures

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