When an FIR is filed for a crime or atrocity committed against a member of the scheduled castes or scheduled tribes, no preliminary inquiry needs to be conducted by the investigation officer before the said filing.
The investigation officer does not require any prior approval of his seniors for arresting any person accused of committing a crime under this law either.
Moreover, a person who fears arrest for crimes that he may or may not have committed under this law cannot file for anticipatory bail.(( Section 18A, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989.))
If you are a victim of atrocities, dependent of the victim or a witness to the atrocities, the State Government must ensure that you are given:
- a copy of the FIR free of cost
- immediate relief in cash or kind
- necessary protection from intimidation and harassment
- relief in respect of death, injury or damage to property
- food, water, clothing, shelter, medical aid, transport facilities or daily allowance
- maintenance expenses to the victims and their dependents
- information about your rights at the time of making complaints and registering the FIR
- Information about necessary precautions to be taken at the time of medical examination
- information about the relief amount
- information about the dates and place of investigation and trial
- adequate briefing regarding the case and legal aid wherever needed
The law requires special measures to be taken by the State Governments to prevent atrocities against members of scheduled castes and scheduled tribes,(( Rule 3, Scheduled Caste Scheduled Tribe (Prevention of Atrocity) Rules, 1995.)) such as:
- Identify areas where crimes and atrocities are likely to occur or reoccur.
- Schedule visits of the District Magistrate and police officer to identified areas for reviewing the law and order situation there.
- If necessary, cancel the arms license of any person in the identified area and have them deposit their arms in the government armory. Members of SCs and STs, their families and employees are exempted from this.
- Provide arms licenses to members of SCs and STs to ensure their safety and that of their properties, only if deemed necessary.
- Set up a vigilance and monitoring committee to suggest effective measures to implement the provisions of this special law.
- Set up awareness centres and organise workshops to educate people belonging to SCs and STs about their rights and protections available to them. This can also be done by encouraging NGOs to hold such workshops by providing them with financial and other assistance.
- Deploy special police forces in areas identified as those where atrocities against members of SCs and STs are committed.
The law 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.(( Rule 8, Scheduled Caste Scheduled Tribes (Prevention of Atrocities) Rules, 1995.))
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