Lok Sabha Question No. 3754 (UNSTARRED), answered on 2025-08-12
Subject: Amendment to Strengthen the Prevention of Atrocities Act
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: Shri K Radhakrishnan

## GOVERNMENT OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

UNSTARRED QUESTION NO.3754 TO BE ANSWERED ON 12.08.2025

## AMENDMENT TO STRENGTHEN THE PREVENTION OF ATROCITIES ACT

## 3754. SHRI K RADHAKRISHNAN:

## Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:

- (a) the current status of implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in various States and Union Territories, State-wise;
- (b) the details of the total number of cases registered, charge-sheeted, and convicted under the Act in the last three years, State-wise;
- (c) whether there is any mechanism in place to ensure timely investigation, charge-sheet filing and conviction in atrocity cases under this Act;
- (d) if so, the details thereof, including the average time taken for investigation and trial;
- (e) whether the Government has received any representations or recommendations for amending the SC/ST (PoA) Act, 1989 in recent years;
- (f) if so, the details thereof and the action taken by the Government in this regard; and
- (8) whether the Government is considering any amendment to strengthen the Act further or address gaps in its enforcement, if so, the details thereof?

## ANSWER

## MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT (SHRI RAMDAS ATHAWALE)

- (a) & (b): The Scheduled Castes (SCs) and the Scheduled Tribes (STs) (Prevention of Atrocities) Act, 1989 extends to the whole of India. National Crimes Record Bureau (NCRB) compiles and publishes statistical data on crimes in its publication 'Crime in India'. The published reports are available till the year 2022. As per the NCRB data, the details of number of cases registered, Charge-sheeted and convicted across the country under the Act during the year 2020 to 2022 is at Annexure-I.
- (c) & (d): To make the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) (PoA) Act, 1989 more effective and to provide greater justice and enhanced redressal to injustice suffered by the atrocity victims, the Act was amended and notified in 2016. The amendment includes new offences, expanded scope of presumptions, institutional strengthening, which inter-alia includes establishment of Exclusive Special Courts and specification of Exclusive Special public Prosecutors to exclusively try offences under the PoA Act to enable expeditious disposal of cases, power of Special and Exclusive Special Courts to take direct cognizance of

## LOK SABHA

". "

offences and as far as possible, completion of trial within two months from the date of filing of the charge sheet, establishing rights of victims and witnesses, and strengthening preventive measures. For the purpose of providing speedy trial and expedite justice delivery 145 Special Police Stations and 211 Exclusive Special Courts have also been established in various States/UTs.

Further, section 18 of the Act was amended through the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 and enforced on 20.08.2018. After this amendment, conduct of a preliminary enquiry before registration of an FIR or to seek approval of any authority prior to arrest of an accused is not required.

At the Central level, a Committee under the Chairpersonship of the Union Minister for Social Justice and Empowerment, with the Union Minister for Tribal Affairs as Co-chairperson, and comprising members from the Ministry of Home Affairs, Ministry of Law and Justice, Department of Justice, National Commission for Scheduled Castes, National Commission for Scheduled Tribes, and three non-official members (two from among the SCs and one from the STs), also reviews the implementation status of the PCR and PoA Act in States and Union Territories. The Committee has so far held twenty-eight meetings; the last meeting was held on 23.05.2025.

In addition to above Central Level Committee, State Level Vigilance and Monitoring Committee, District and Sub-Division Level Vigilance and Monitoring Committees have also been set up to monitor the implementation of the Acts.

As per rule 6 of the SC/ST (PoA) Rules, 1995, the District Magistrate or the SubDivisional Magistrate or any other executive Magistrate or any police officer not below the rank of Deputy Superintendent of Police must visit the site of occurrence of atrocity, assess the situation and submit a report to the State Government. Furthermore, they are responsible for identifying victims and their dependents, preparing detailed reports, ordering police protection and providing immediate relief.

The National Commission for Scheduled Castes (NCS) and National Commission for Scheduled Tribes (NCST) provide safeguards against the exploitation of Scheduled Castes and Scheduled Tribes to promote and protect their social, educational, economic and cultural interests, respectively.

(e) & (f): Yes, the Department is in receipt of representation from general public for amending the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Recent representations have been received for carrying out amendments in the SC/ST (PA) Act, 1989, after the replacement of IPC, CrPC & IEA with BNS, BNSS, BSA. The Department has informed the applicants that in accordance with Legislative Department, Ministry of Law and Justice Notification no. S.O. 2790 (E) dated 16th July, 2024 there is no requirement for carrying out said amendments in the SC/ST (PoA) Act, 1989.

(g): No such proposal is under consideration.