The Atrocities Act: the Offences

In one line

Sections 1 to 8 define atrocity, create the offences in section 3, punish wilful neglect of duty by a public servant in section 4, provide for forfeiture of property and for enhanced punishment for a subsequent conviction, and raise a presumption in section 8.

Sections 1 and 2

Section 1: short title, extent to the whole of India, and commencement by notification.

Section 2 defines the terms. Atrocity means an offence punishable under section 3. Code means the Code of Criminal Procedure. Public servant has its ordinary meaning and includes a person acting in an official capacity under the Central or State Government. Scheduled Castes and Scheduled Tribes have the meanings assigned by article 366(24) and (25), which take them to articles 341 and 342. Special Court and Special Public Prosecutor are defined by reference to sections 14 and 15. And the 2016 amendment added definitions including dependent, economic boycott, manual scavenging, social boycott and victim.

Two observations.

Atrocity is defined circularly and deliberately. It means an offence under section 3, so the content is the catalogue and not an abstract description. That avoids the definitional problem the rest of this paper is full of.

And the class is the Presidential lists. Section 2 takes the meanings from article 366, which takes them to articles 341 and 342, so the protected class is the same class as for reservation, fixed by notification and alterable only by Parliament.

Section 3: the offences

Section 3(1) creates a long list of offences committed by a person not a member of a Scheduled Caste or Scheduled Tribe against a member of one. They fall into six groups, and grouping them is far more useful than listing forty.

Degradation of the person. Forcing a member to drink or eat any inedible or obnoxious substance; dumping excreta, sewage, carcasses or any other obnoxious substance in their premises or neighbourhood; garlanding with footwear or parading naked or semi-naked; forcibly removing clothes, tonsuring the head, removing moustaches, painting the face or body; and compelling to dispose of or carry human or animal carcasses or to do manual scavenging.

Economic and property wrongs. Wrongfully occupying or cultivating land owned by or allotted to a member; wrongfully dispossessing them of their land or premises or interfering with their rights including forest rights; compelling or enticing them to do begar or other forms of forced or bonded labour; and imposing or threatening a social or economic boycott.

Political and civic wrongs. Forcing or intimidating a member not to vote, to vote for a particular candidate or to vote otherwise than as provided by law; preventing them from filing nomination as a candidate; forcing a member who is a Panchayat or Municipality member not to perform their duties; and obstructing them from performing the duties of a public servant.