Scheduled Castes/ Scheduled Tribes Protection cell

From Justice Definitions Project

What is Scheduled Castes and Scheduled Tribes Protection Cell

Scheduled Castes (SC) and Scheduled Tribes (ST) are groups of people in India who have historically faced social and economic disadvantages due to caste-based discrimination or isolation.To protect these groups from further marginalization, the government set up units known as the Scheduled Castes  and Scheduled Tribes Protection Cell. This unit was a special initiative by the government to provide a safe environment and provide relief and rehabilitation when required.

Protection and safeguards are provided under Article 14[1] , Article 15[2] and Article 17[3] of the Indian Constitution, as well as laws like the  Scheduled Castes  and Scheduled Tribes (Prevention of Atrocities) Act, 1989[4] and the Protection of Civil Rights Act, 1955[5].

Official Definition of Scheduled Castes and Scheduled Tribes Protection Cell

The Scheduled Castes and Scheduled Tribes Protection Cell is a specialized unit mandated under the Rule 8, Scheduled Caste Scheduled Tribes (Prevention of Atrocities) Rules, 1995[6], tasked with safeguarding the rights and security of SC/ST communities in affected areas. Established by State governments at their headquarters and led by the Director General of Police or Inspector General of Police, these cells play a pivotal role in the implementation of the Act.

Rule 8, Scheduled Caste Scheduled Tribes (Prevention of Atrocities) Rules, 1995 requires State governments to set up SC and ST Protection Cells at their headquarters. This cell is headed by the Director of Police and Inspector General of Police of the State.

The SC/ST Cells are supposed to:

  • Conduct surveys of the identified area
  • Maintain public order and tranquility in the identified area
  • Recommend deployment of special police force or setting up of a special police force in an identified area
  • Investigate about the probable causes leading to an offence under this special law
  • Restore the feeling of security amongst the members of SCs and STs
  • Inform the nodal and special officer about the law and order situation in an identified area
  • Enquire about the investigation and spot inspections conducted by various officers
  • Enquire about actions taken by the Superintendent of Police in cases where the police refused to register an FIR
  • Enquire about the wilful negligence of public servants
  • Review the position of cases registered under this law[7]

Scheduled Castes and Scheduled Tribes Protection Cell as defined in legislation(s)

Scheduled Castes and Scheduled Tribes Protection Cells are specialized units established under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1995[8]. Their primary role is to prevent atrocities against SCs and STs, ensure their safety, and provide relief and rehabilitation when incidents occur.

The Protection Cells are established and governed by the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989[9], along with its 1995 Rules[10], which detail their structure, responsibilities, and operational guidelines

These cells are equipped to  prevent and monitor atrocities by conducting surveys, deploying special forces, investigating offenses, and supporting victims. They also raise awareness and report to the State Government on enforcement and progress. These Protection Cells function at the state level, primarily operating from state police headquarters under the supervision of senior officials like the Director General or Inspector General of Police. They focus on areas identified as prone to atrocities[11].

Offenses which can be dealt with under these protection cells (Section 3)[12]

Section 3 of the the  Scheduled Castes  and Scheduled Tribes (Prevention of Atrocities) Act, 1989 outlines specific offenses categorized as atrocities, including:

  • Physical Violence: Assault, murder, rape, or other forms of physical harm against SC/ST individuals.
  • Social Discrimination: Actions like forcing SC/ST members to eat or drink obnoxious substances, denying access to public spaces or water sources, or humiliating them in public.
  • Economic Exploitation: Forcing bonded labor, wrongful occupation of land, or denying customary rights to SC/ST individuals.
  • Other Acts: Practices like witch branding, social boycott, or destruction of SC/ST property

Official Database

Annual Reports on Prevention Atrocity Act (PoA)

The Annual Report u/s 21(4) of the  Scheduled Castes  and Scheduled Tribes (Prevention of Atrocities) Act, 1989 provides information on state wise implementation and constitution of SC/ST protection Cell. These Annual Report are accessible at Ministry of Social Justice and Empowerment website here

According to the Latest Annual Report for the year 2022 the SC/ST Protection Cells have been set up in Andhra Pradesh, Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Meghalaya, Mizoram, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttarakhand, Uttar Pradesh, West Bengal, Andman & Nicobar Islands, Chandigarh, NCT of Delhi, Jammu and Kashmir, Ladakh and Puducherry.[13]

Research that engages with Scheduled Castes and Scheduled Tribes Protection Cell

References

  1. Constitution of India, art 14
  2. Constitution of India, art 15
  3. Constitution of India, art 17
  4. Scheduled Castes  and Scheduled Tribes (Prevention of Atrocities) Act, 1989
  5. Protection of Civil Rights Act, 1955
  6. Scheduled Caste Scheduled Tribes (Prevention of Atrocities) Rules, 1995, rule 8
  7. https://nyaaya.org/legal-explainer/sc-st-protection-cells/
  8. Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1995
  9. Scheduled Castes  and Scheduled Tribes (Prevention of Atrocities) Act, 1989
  10. Protection of Civil Rights Act, 1955
  11. “Atrocity” means an offence punishable under section 3 of The Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
  12. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, sec 3
  13. pg. 9; Annual report under the PoA Act for the year 2022