Blanket Powers And Barriers To Justice: A Critical Examination Of The Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act, 1989
- IJLLR Journal
- Feb 15
- 2 min read
Pradhyumna Jagannath, B.A.LL.B. (Hons.), SASTRA Deemed University, Thanjavur
ABSTRACT
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, enacted with the intent to protect historically marginalized communities from violence, discrimination, and exploitation, has emerged as both a shield of justice and a subject of critical debate due to its far- reaching provisions. While the Act incorporates special measures such as exclusive courts, public prosecutors, and victim relief mechanisms intended to ensure swift justice, its implementation reveals serious systemic challenges. Provisions such as Sections 18 and 18A, which restrict anticipatory bail and grant blanket arrest powers to the police, have often been criticized for being draconian, creating a presumption of guilt and leading to arbitrary arrests, politically motivated actions, and prolonged detention of innocent individuals. The wide discretionary powers vested in the Deputy Superintendent of Police (DSP) further amplify concerns of misuse and lack of accountability, as many cases are marred by poor investigation, procedural lapses, and delays in evidence collection. Simultaneously, genuine victims of atrocities struggle with delayed disbursement of monetary relief, hostile retractions of statements under social pressure, and the inability of an overburdened police force to provide adequate protection or support, resulting in a high acquittal rate and low conviction rate under the Act. Judicial interventions, such as in Dr. Subhash Kashinath Mahajan v. State of Maharashtra (2018) and subsequent rulings, have attempted to strike a balance between protecting victims and preventing misuse, but the ground reality remains fraught with challenges. This paper critically examines the barriers to justice created by blanket powers, evaluates the gaps in implementation, and proposes reforms such as curbing arbitrary police authority through oversight, ensuring timely victim relief, strengthening training and accountability of law enforcement, and revising draconian provisions to restore fairness while safeguarding vulnerable groups, thereby moving towards a more balanced and just legal framework.
Keywords: SC/ST Act, Atrocities, Blanket Powers, Anticipatory Bail, Arbitrary Arrests.
