Define 'Atrocity'. Also discuss the acts that amount to 'atrocity' under the provisions of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Defining ‘Atrocity’

Legally, ‘atrocity’ isn’t explicitly defined within the Act itself. However, Section 2(1)(i) of the Act lists specific acts that *constitute* atrocities. Broadly, an atrocity is an act of violence, intimidation, humiliation, or deprivation of rights committed against a member of an SC or ST, motivated by their caste or tribal identity. Socially, it represents a severe violation of human dignity and a manifestation of deeply ingrained societal prejudices. The intent behind the Act is to address not just physical violence, but also the subtle forms of discrimination and oppression that perpetuate social inequality.

Acts Constituting Atrocity under the 1989 Act

The Act lists a comprehensive range of acts that qualify as atrocities. These can be broadly categorized as follows:

1. Physical Violence & Injury (Section 3(1)(i) to (ix))

• Causing death or grievous hurt: Intentional infliction of severe physical harm or death.
• Sexual exploitation: Rape, sexual assault, or any other form of sexual violence.
• Forcible removal of clothing: An act intended to humiliate and degrade.
• Deprivation of water or other necessities: Denying access to essential resources.
• Imposition of social boycott: Excluding individuals from participation in social life.
• Forcing to eat inedible substances: An act of humiliation and degradation.
• Forcing to drink or consume any intoxicating substance: An act intended to control or harm.
• Insulting or intimidating to provoke or injure: Using abusive language or gestures to incite violence.
• Destroying or damaging property: Targeting property belonging to members of SC/ST communities.

2. Economic & Social Deprivation (Section 3(1)(x) to (xiv))

• Wrongful dispossession of land or property: Illegally seizing land or assets.
• Forcing to do bonded labour or any other forced labour: Exploiting individuals through coercion.
• Denial of access to places of public worship: Preventing individuals from practicing their religion.
• Pollution of water sources or obstructing access to water: Denying access to clean water.
• Interference with religious practices: Disrupting or preventing religious ceremonies.

3. Political & Administrative Discrimination (Section 3(1)(xv) to (xvi))

• False implication in a criminal case: Framing individuals with false accusations.
• Harassment or intimidation by public servants: Abuse of power by government officials.

4. Miscellaneous Atrocities (Section 3(1)(xvii) to (xviii))

• Any act committed to insult, intimidate or humiliate a member of SC/ST. This is a broad clause covering acts not specifically listed elsewhere.
• Acts of mischief or destruction of property that cause substantial damage.

Enhanced Penalties & Special Courts

The Act provides for enhanced penalties for atrocities, including imprisonment and fines. It also mandates the establishment of Special Courts to expedite trials and ensure justice for victims. Section 14 of the Act stipulates that evidence collected and statements recorded under Section 164 of the Criminal Procedure Code (CrPC) are admissible as evidence. Amendments in 2015 further strengthened the Act by removing the requirement of prior sanction for prosecution in certain cases and broadening the definition of ‘atrocity’.

Challenges in Implementation

Despite the Act’s provisions, implementation remains a significant challenge. Low conviction rates, social stigma, and lack of awareness among victims are major obstacles. Data from the National Crime Records Bureau (NCRB) consistently shows a high number of reported atrocities, but a relatively low rate of conviction. Furthermore, the Act has faced criticism for potential misuse, leading to concerns about its impact on legitimate law enforcement activities.