The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 In India: A Legal Study
Dr. Mukesh Kumar MalviyaSep 22, 202610.5281/zenodo.22902350pp. 102–11312 pages
The present research paper titled "The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in India: A Legal Study" provides an in-depth, theoretical, and critical analysis of the historic legislation enacted to provide legal and social security to the most vulnerable and marginalized communities (SC/ST) in Indian society. In order to realize the ideals of social justice, equality, and fraternity enshrined in the Preamble of the Indian Constitution, this special Act was enacted in the year 1989. The primary objective of this research paper is to evaluate the statutory provisions, historical background, and judicial interpretations of this Act over time using a theoretical research methodology. The study critically analyzes whether deep-rooted institutionalized and cultural prejudices can be eradicated solely through punitive legal frameworks. Furthermore, the paper examines the impact of the 2015 and 2018 legislative amendments, controversies surrounding anticipatory bail, and the legal scenarios emerging post landmark judgments. The theoretical analysis reveals that while the Act has fostered consciousness and a sense of security among Dalits and Adivasis, its desired outcomes have not been fully achieved due to procedural delays, administrative apathy, and deep-seated systemic biases. Finally, the paper offers practical legal recommendations, highlighting the role of exclusive special courts and institutional sensitization to make the Act more robust.