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Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989: A Tool for Transformative Constitutionalism

Jawaharlal Nehru stated:
"The first task of the Constituent Assembly of the Republic of India will be to free India through an entirely novel Constitution, to provide food for the starving individuals; to clothe the naked crowds, then provide every Indian the greatest possibility to develop himself appropriate to his capacity." He was a socialist who believed the Constitution could bring about social transformation.

The dual aim of the constitution was:

  • Neither the State nor the people are stripped of their legitimate rights and obligations.
  • That it would support the ultimate objective of social revolution, and serve as a structure for democratic governance for sustaining and speeding change and as a tool for encouraging greater involvement.

The fundamental tenets of the social revolution are found in PARTS III and IV, which are the DPSPs and the Fundamental Rights, respectively.

They support the efforts of the Indian social revolution.

In the guiding principles, one can observe the social revolution. They sought to liberate the Indian people from the extreme physical suffering and deprivation that had stopped them from meeting their necessities.

Numerous socialist initiatives have been implemented since the adoption of the constitution to improve the standard of life, educational opportunities, and health care, as well as to reduce impoverishment, ignorance, and inequality.

On a more general level, the ideas of equality, liberty, fraternity, and justice have implications. The Constitution protects citizens' fundamental rights by providing an integrated and independent judicial system, or courts. The Constitution's definition of crime includes the practice of "untouchability."

The SC ST community has been systematically marginalized in India and the framers knew it from the beginning so they tried to curb it as much as possible through Fundamental Rights but awareness and a dedicated law were missing. This void was filled by POA.

The Prevention of Atrocities Act (POA), which was passed by the Indian government in 1989, defines certain crimes committed against members of Scheduled Castes and Tribes as atrocities and outlines countermeasures such as methods and punishments.
  • The Act makes three major efforts to prevent and sanction violence against Dalits.
  • Starts by defining what behaviors qualify as atrocities.
  • Second, the Act requires each state to create a Special Court to hear cases filed under the POA by converting an existing session court in each district.
  • Thirdly, the Act establishes guidelines for states on how to designate regions with significant levels of violence against castes as atrocity-prone and how to appoint competent officials to keep an eye on things and uphold law and order.

Dalit political involvement has increased thanks to POA

Award Winning Article Is Written By: Mr.Somitra Vardhan Dubey
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Authentication No: NV331458051333-10-1123

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