S.1 Short title and commencement

       (1) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
       (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

S.2 Amendment of long title

In the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989) (hereinafter referred to as the principal Act), in the long title, for the words "Special Courts", the words "Special Courts and the Exclusive Special Courts" shall be substituted.

Legal Commentary on Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Amendment Act, 2015 - Section 2

Introduction

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, aims to enhance the protection of marginalized communities in India against atrocities and discrimination. Section 2 of this Act provides essential definitions that are crucial for the interpretation and enforcement of the law.

What does Section 2 Say

Section 2 of the Amendment Act introduces definitions for various terms used throughout the Act, including "dependent," "economic boycott," and others that clarify the scope and application of the law.

Essential Ingredients

• Definitions: The section outlines specific terms that are fundamental to understanding the provisions of the Act.
• Contextual Clarity: By defining key terms, the section ensures that the law is applied uniformly and effectively.

Scope of Section

The scope of Section 2 is broad as it lays the groundwork for the entire Act. It ensures that all stakeholders, including law enforcement and the judiciary, have a clear understanding of the terms used, which is vital for the effective implementation of the law.

Punishment for Section

While Section 2 itself does not prescribe punishments, it sets the stage for understanding the offenses defined in subsequent sections of the Act, which do carry specific penalties for violations.

Legal Comments

• Keyword - Summary - [Source Reference]
• Definitions - Section 2 provides essential definitions that clarify terms used in the Act, ensuring uniform application. -
• Economic Boycott - The term "economic boycott" is defined to prevent economic discrimination against SC/ST members. -
• Dependents - The definition of "dependent" is crucial for understanding who is protected under the Act. -
• Legal Clarity - The definitions enhance legal clarity, which is essential for effective law enforcement. -
• Judicial Interpretation - Clear definitions assist courts in interpreting the law consistently. -
• Protection of Rights - The definitions aim to protect the rights of SC/ST individuals against various forms of discrimination. -
• Implementation Framework - Section 2 establishes a framework for implementing the provisions of the Act effectively. -
• Victim Identification - The definitions help in identifying victims and ensuring they receive appropriate legal protection. -
• Legal Precedents - The clarity provided by Section 2 can influence legal precedents in future cases involving SC/ST rights. -
• Social Justice - By defining key terms, the section contributes to the broader goal of social justice for marginalized communities. -
• Legislative Intent - The definitions reflect the legislative intent to provide comprehensive protection against atrocities. -
• Scope for Amendments - The section allows for future amendments to adapt to changing social contexts and needs. -
• Awareness and Education - Clear definitions can aid in public awareness campaigns about the rights of SC/ST individuals. -
• Inter-agency Coordination - The definitions facilitate better coordination among various agencies involved in the enforcement of the Act. -
• Preventive Measures - By defining terms related to economic and social discrimination, the Act aims to prevent such atrocities before they occur. -
• Judicial Discretion - The clarity in definitions limits judicial discretion, promoting fairness in legal proceedings. -
• Community Empowerment - The definitions empower SC/ST communities by clearly outlining their rights and protections under the law. -
• Cultural Sensitivity - The definitions reflect an understanding of the cultural context of SC/ST communities, enhancing the Act's relevance. -
• Legal Framework - Section 2 is integral to the legal framework that supports the protection of SC/ST individuals against atrocities. -

S.3 Amendment of section 2

       In section 2 of the principal Act, in sub-section (1),--
       (i) after clause (b), the following clauses shall be inserted, namely:--
       '(bb) "dependent" means the spouse, children, parents, brother and sister of the victim, who are dependent wholly or mainly on such victim for his support and maintenance;
       (bc) "economic boycott" means-
       (i) a refusal to deal with, work for hire or do business with other person; or
       (ii) to deny opportunities including access to services or contractual opportunities for rendering service for consideration; or
       (iii) to refuse to do anything on the terms on which things would be commonly done in the ordinary course of business; or
&nb

S.4 Amendment of section 3

       In section 3 of the principal Act,--
       (i) for sub-section (1), the following sub-section shall be substituted, namely:--
       '(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,-
       (a) puts any inedible or obnoxious substance into the mouth of a member of a Scheduled Caste or a Scheduled Tribe or forces such member to drink or eat such inedible or obnoxious substance;
       (b) dumps excreta, sewage, carcasses or any other obnoxious substance in premises, or at the entrance of the premises, occupied by a member of a Scheduled Caste or a Scheduled Tribe;
       (c) with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe, dumps excreta, waste matter, carca

S.5 Substitution of new section for section 4

       For section 4 of the principal Act, the following section shall be substituted, namely:--
       "4. Punishment for neglect of duties
       (1) Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act and the rules made thereunder, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.
       (2) The duties of public servant referred to in sub-section (1) shall include--
       (a) to read out to an informant the information given orally, and reduced to writing by the officer in charge of the police station, before taking the signature of the informant;
      &n

S.6 Amendment of section 8

       In section 8 of the principal Act,--
       (i) in clause (a), for the words "any financial assistance to a person accused of", the words "any financial assistance in relation to the offences committed by a person accused of" shall be substituted;
       (ii) after clause (b), the following clause shall be inserted, namely:--
       "(c) the accused was having personal knowledge of the victim or his family, the Court shall presume that the accused was aware of the caste or tribal identity of the victim, unless the contrary is proved.".

S.7 Amendment of section 10

       In section 10 of the principal Act, in sub-section (1),--
       (a) after the words and figures "article 244 of the Constitution", the words, brackets and figures "or any area identified under the provisions of clause (vii) of sub-section (2) of section 21" shall be inserted;
       (b) for the words "two years", the words "three years" shall be substituted.

S.8 Substitution of new section for section 14

       For section 14 of the principal Act, the following section shall be substituted, namely:--
       "14. Special Court and Exclusive Special Court
       (1) For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, establish an Exclusive Special Court for one or more Districts:
       Provided that in Districts where less number of cases under this Act is recorded, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for such Districts, the Court of Session to be a Special Court to try the offences under this Act:
       Provided further that the Courts so established or specif

S.9 Insertion of new section 14A

       After section 14 of the principal Act, the following section shall be inserted, namely:--
       "14A. Appeals
       (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law.
       (2) Notwithstanding anything contained in sub-section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail.
       (3) Notwithstanding anything contained in any other law for the time being in force, every appeal under this section

S.10 Substitution of new section for section 15

       For section 15 of the principal Act, the following section shall be substituted, namely:--
       "15. Special Public Prosecutor and Exclusive Public Prosecutor
       (1) For every Special Court, the State Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.
       (2) For every Exclusive Special Court, the State Government shall, by notification in the Official Gazette, specify an Exclusive Special Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an Exclusive Special Public Prosecutor for the purpose of conducting cases in that Court.".
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S.11 Insertion of new Chapter IVA

       After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:--
       "CHAPTER IVA
       Rights of victims and witnesses
       15A. Rights of victims and witnesses
       (1) It shall be the duty and responsibility of the State to make arrangements for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence.
       (2) A victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victim's age or gender or educational disadvantage or poverty.
       (3) A victim or his dependent shall have the right to reasonable,

S.12 Insertion of new Schedule

       After section 23 of the principal Act, the following Schedule shall be inserted, namely:--

       THE SCHEDULE
       [See section 3(2) (va)]