The Parliamentary Act (Indian Polity and Governance) Part-I

Total Questions: 40

21. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 came into force on: [M.P.P.C.S. (Pre) 2019, M.P.P.C.S. (Pre) 2012]

Correct Answer: (b) 30 January, 1990
Solution:On 11 September, 1989 the President gave his consent to Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This Act came into force on 30 January, 1990.
  • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (POA)) was enacted to prevent and stop crimes against SCs and STs.
  • It attempts to prevent the atrocities against SC/ST through three broad means:
    1. It defines certain crimes against SCs and STs as atrocities.
    2. Establishment of special courts to try cases registered under the POA.
    3. States declare atrocity-prone areas (areas with high levels of caste violence) and appoint qualified officers to monitor and maintain law and order.
  • The act also provides the punishment for offences of atrocities committed against SCs and STs.
  • It is implemented by the respective Statin/UTs. States/UTs are provided due central assistance under the Centrally Sponsored Scheme for effective implementation of the provisions of the Act.
  • Article 17 of the IC has abolished 'untouchability' and banned its practice in any form.

22. Under which Act the Scheduled Caste and Scheduled Tribe Atrocity Removal Law was implemented? [M.P.P.C.S. (Pre) 2015]

Correct Answer: (b) Act 1989
Solution:On 11 September, 1989 the President gave his consent to Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This Act came into force on 30 January, 1990.
  • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (POA)) was enacted to prevent and stop crimes against SCs and STs.
  • It attempts to prevent the atrocities against SC/ST through three broad means:
    1. It defines certain crimes against SCs and STs as atrocities.
    2. Establishment of special courts to try cases registered under the POA.
    3. States declare atrocity-prone areas (areas with high levels of caste violence) and appoint qualified officers to monitor and maintain law and order.
  • The act also provides the punishment for offences of atrocities committed against SCs and STs.
  • It is implemented by the respective Statin/UTs. States/UTs are provided due central assistance under the Centrally Sponsored Scheme for effective implementation of the provisions of the Act.
  • Article 17 of the IC has abolished 'untouchability' and banned its practice in any form.

23. How many Sections are there under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989? [M.P.P.C.S (Pre) - 2018]

Correct Answer: (c) 23
Solution:The Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act 1989- (1) Short little, extent and commencement (2) Definition (3) Punishment for offences of atrocities. (4) Punishment for neglect of duties (5) Enhanced Punishment for subsequent conviction (6) Application of certain provisions of the Indian Penal Code (7) Forfeiture of property of certain persons (8) Presumption as to offences (9) Conferment of Powers (10) Removal of Person likely to commit offence (11) Procedure on failure of person to remove himself from the area and enter thereon after removal (12) Taking measurements and photographs etc of persons against whom an order under section 10 is made (13) Penalty for non-compliance of an order under section 10 (14) Special Court (15) Special Public Prosecutor (16) Power of State government to impose collective fine (17) Preventive Action to be taken by the law and order machinery. (18) Section 438 of the code does not to apply to persons committing offence under the Act. (19) Section 360 of the code on the provisions of the Probation of offenders Act not to apply to persons guilty of an offence under the Act. (20) Act to override other laws. (21) Duty of government to ensure effective implementation of the Act (22) Protection of action taken in good faith. (23) Power to make rules.

24. Who has/had the power to make rules for carrying out the purposes of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989? [M.P.P.C.S. (Pre) 2016]

Correct Answer: (b) The Central Government
Solution:According to Section 23(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, the Central Government may, by notification in the official Gazette make rules for carrying out the purpose of this Act.
  • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (POA)) was enacted to prevent and stop crimes against SCs and STs.
  • It attempts to prevent the atrocities against SC/ST through three broad means:
    1. It defines certain crimes against SCs and STs as atrocities.
    2. Establishment of special courts to try cases registered under the POA.
    3. States declare atrocity-prone areas (areas with high levels of caste violence) and appoint qualified officers to monitor and maintain law and order.
  • The act also provides the punishment for offences of atrocities committed against SCs and STs.
  • It is implemented by the respective Statin/UTs. States/UTs are provided due central assistance under the Centrally Sponsored Scheme for effective implementation of the provisions of the Act.
  • Article 17 of the IC has abolished 'untouchability' and banned its practice in any form.

25. Under which Section of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is 'economic boycott' defined? [M.P.P.C.S. (Pre) 2018]

Correct Answer: (b) Section 2 (b c)
Solution:Section 2 (b c) of the SC/ST (Prevention of Atrocities) Act 1989 defines economic boycotts.
  • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (POA)) was enacted to prevent and stop crimes against SCs and STs.
  • It attempts to prevent the atrocities against SC/ST through three broad means:
    1. It defines certain crimes against SCs and STs as atrocities.
    2. Establishment of special courts to try cases registered under the POA.
    3. States declare atrocity-prone areas (areas with high levels of caste violence) and appoint qualified officers to monitor and maintain law and order.
  • The act also provides the punishment for offences of atrocities committed against SCs and STs.
  • It is implemented by the respective Statin/UTs. States/UTs are provided due central assistance under the Centrally Sponsored Scheme for effective implementation of the provisions of the Act.
  • Article 17 of the IC has abolished 'untouchability' and banned its practice in any form.

26. Offence committed by any public servant under Section 3 of the SC and ST (Prevention of Atrocities) Act, 1989, provides for minimum punishment of- [M.P.P.C.S. (Pre) 2014]

Correct Answer: (c) One year
Solution:Whoever being a public servant, commits any offence under section 3, of the SCs and STs (Prevention of Atrocities) Act, 1989 shall be punishable with imprisonment for a term which shall not be less than one year.
  • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (POA)) was enacted to prevent and stop crimes against SCs and STs.
  • It attempts to prevent the atrocities against SC/ST through three broad means:
    1. It defines certain crimes against SCs and STs as atrocities.
    2. Establishment of special courts to try cases registered under the POA.
    3. States declare atrocity-prone areas (areas with high levels of caste violence) and appoint qualified officers to monitor and maintain law and order.
  • The act also provides the punishment for offences of atrocities committed against SCs and STs.
  • It is implemented by the respective Statin/UTs. States/UTs are provided due central assistance under the Centrally Sponsored Scheme for effective implementation of the provisions of the Act.
  • Article 17 of the IC has abolished 'untouchability' and banned its practice in any form.

27. Under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in which section there is a provision for the arrangement of a special court? [M.P.P.C.S. (Pre) 2017]

Correct Answer: (a) 14
Solution:Section 14 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 provides for the arrangement of a special court and an Exclusive special court for the purpose of providing for a speedy trial. Section 15 provides for special public prosecutor and exclusive public Prosecutor.
  • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (POA)) was enacted to prevent and stop crimes against SCs and STs.
  • It attempts to prevent the atrocities against SC/ST through three broad means:
    1. It defines certain crimes against SCs and STs as atrocities.
    2. Establishment of special courts to try cases registered under the POA.
    3. States declare atrocity-prone areas (areas with high levels of caste violence) and appoint qualified officers to monitor and maintain law and order.
  • The act also provides the punishment for offences of atrocities committed against SCs and STs.
  • It is implemented by the respective Statin/UTs. States/UTs are provided due central assistance under the Centrally Sponsored Scheme for effective implementation of the provisions of the Act.
  • Article 17 of the IC has abolished 'untouchability' and banned its practice in any form.

28. The State Government can specify a Court of Session to be a Special Court to try the offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with the concurrence of the- [M.P.P.C.S. (Pre) 2013]

Correct Answer: (b) Chief Justice of High Court
Solution:Section 14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 made provisions for the purpose of providing a speedy trial. The State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act.

29. A Court of Session specified as Special Court to try the offences under the Scheduled Castes, and Scheduled Tribes (Prevention of Atrocities) Act for the purpose of providing - [M.P.P.C.S. (Pre) 2012]

Correct Answer: (a) Speedy trial
Solution:A Court of Session has been specified as a Special Court to try the offences under Section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for the purpose of providing a speedy trial.

Key Features of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)

  • Offender: Any person who is not a member of SC or ST and commits an offence listed in the Act against a member of SC or ST (victim).
  • Investigation: Offences under the Act must be investigated by an officer of the rank of Deputy Superintendent of Police (DSP) or above.
  • Constitution of Special Courts: For a speedy trial, the State Government, with the concurrence of the CJ of HC, shall establish in each district a special court to try the offences under this Act.
  • Nature and Punishment for an offence:
    ∗ All offences listed in the Act are cognitable,
    ∗ It also prescribes the punishment for neglect of duties by a             public servant who is not a member of the SC or ST.
    ∗  It provides enhanced punishment for a subsequent conviction.
  • The provision of anticipatory bail under Section 438 of the CrPC is not available to an accused.
  • Relief and Rehabilitation: It provides for the relief and rehabilitation of the victims of such offences.
  • The police can arrest the offender without a warrant and start an investigation into the case without taking orders from the court.

30. An appeal under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 shall lie from any judgement, sentence or order to the High Court.

Correct Answer: (c) Both on facts and law
Solution:An appeal under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 shall lie from any judgement, sentence or order to the High Court on facts and laws.

Key Features of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)

  • Offender: Any person who is not a member of SC or ST and commits an offence listed in the Act against a member of SC or ST (victim).
  • Investigation: Offences under the Act must be investigated by an officer of the rank of Deputy Superintendent of Police (DSP) or above.
  • Constitution of Special Courts: For a speedy trial, the State Government, with the concurrence of the CJ of HC, shall establish in each district a special court to try the offences under this Act.
  • Nature and Punishment for an offence:
    ∗ All offences listed in the Act are cognitable,
    ∗ It also prescribes the punishment for neglect of duties by a             public servant who is not a member of the SC or ST.
    ∗  It provides enhanced punishment for a subsequent conviction.
  • The provision of anticipatory bail under Section 438 of the CrPC is not available to an accused.
  • Relief and Rehabilitation: It provides for the relief and rehabilitation of the victims of such offences.
  • The police can arrest the offender without a warrant and start an investigation into the case without taking orders from the court.