Confronting Marginalisation | Class VIII | Notes | Civics

The 1989 SCs and the STs Act 

This law was enacted in response to Adivasi and Dalit demands that the government investigate major problems of exploitation and maltreatment faced by them in day-to-day life.

The Dalit communities demanded specific laws against the violence they had been facing for decades.

A similar movement for equal rights and the restitution of their resources, including their land, was made by organised Adivasi communities between 1970 and 1980. They had to put up with the rage and retaliation of other strong social groups in demanding these rights.

The new act included the following:

This act lists a number of different horrific crimes that the marginalised communities have been subjected to. These include coercing a member of the ST or SC community to consume harmful substances, forcing them to take off their clothing, or engaging in other activities that render them physically or morally humiliated.

Additionally, the act includes sanctions or penalties for those who assault women of tribal, Dalit, SC, or ST communities.

Several countermeasures have been taken by the government to prevent landlords from exploiting Dalits and Adivasis by forcing them to share produces harvested from the lands owned and cultivated by them. In various cases, the lands of the Adivasis and Dalits have been taken over by force. The government, through this act, ensured harsh punishment for such cases to defend the rights of the SC and ST communities.

Demands of the Adivasis and the 1989 Act

The 1989 Act is significant in addressing the rights of Adivasis. Adivasi activists the same year demanded their traditional land and the right to occupy it, adding that this law is used to prosecute people who have violently encroached onto tribal territories.

They have also emphasised yet another crucial fact by raising this demand and pointing out that the tribal people’s land could not be sold to other non-tribal people or the government.

According to Adivasi activist C.K. Janu, the tribe should receive compensation if they are forced from their home and are unable to return. If those people want to live and work somewhere else, the government must offer them enough opportunities.

In summary, the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is a law passed by the Indian Parliament to stop atrocities committed against members of the designated castes and tribes.

The Act guarantees that Adivasis won’t be evicted from their ancestral lands. Adivasi land cannot be sold to or purchased by non-tribal individuals. The Constitution ensures that indigenous people have the right to reclaim their territory in situations where this has occurred.

Dalit: The term Dalit means ‘broken’ or oppressed socially and economically.

Confront: To come face to face or to challenge someone or something. In the chapter, the word refers to groups that challenge their marginalisation.

Policy: A well-planned course of action that provides direction for the future, sets goals to be achieved or lays out guidelines to be followed and acted upon.

Ostracise: To socially boycott an individual and his family.

Dispasses: To give up ownership or authority.

Morally reprehensible: An act that violates all norms of decency and dignity that society believes in.

Assertive: An individual or a group that expresses themselves and their views strongly.

Manual Scavenging: It refers to the manual practice of removing human and animal waste or excreta with the help of brooms, tin plates and baskets from dry latrines and carrying it on the head to disposal grounds.