Increase in Crimes on Marginalized Communities: is Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Failing to Achieve its Aim?

The efficacy of SC and ST (Prevention of Atrocities) Act, 1989, in mitigating the escalating incidences of violence and discrimination against marginalised communities in India is the focus of this paper. It highlights the historical development of the caste system, emphasising its socio-political status during the ancient, colonial, and post-independence periods. The paper evaluates the prevalence and nature of atrocities perpetrated against these communities by utilising data from NCRB, explores the underlying factors contributing to the rise in such offences against marginalized communities and critically evaluates whether the Act is being misused. The paper explores the legal discourse surrounding the purported misuse of the Act and its impact on justice delivery by examining key judicial pronouncements, particularly Subhash Kashinath Mahajan v. State of Maharashtra and Prithviraj Chavan v. State of Maharashtra.