Who can file a complaint under the SC-ST (Prevention of Atrocities) Act-1989?

Who Can File a Complaint under the SC/ST (Prevention of Atrocities) Act, 1989? A Complete Legal Guide

Introduction

The SC/ST (Prevention of Atrocities) Act, 1989 is one of the most significant social justice legislations in India, enacted to protect members of the Scheduled Castes (SC) and Scheduled Tribes (ST) from caste-based discrimination, humiliation, exploitation, and violence. Despite constitutional guarantees of equality, atrocities against SC/ST communities continued in various forms, compelling Parliament to introduce a special law with stringent provisions, special courts, and victim-centric safeguards.

One of the most common and crucial questions asked by victims, their families, social workers, and even legal practitioners is: Who can file a complaint under the SC/ST (Prevention of Atrocities) Act, 1989?

Direct Answer: Any victim who belongs to a Scheduled Caste or a Scheduled Tribe can file a complaint under the SC/ST (Prevention of Atrocities) Act, 1989, and in certain circumstances, their family members, legal guardians, or even third parties can also initiate the complaint on their behalf.

This article explains in detail who is legally entitled to file a complaint under the Act, how such complaints can be filed, the legal provisions governing the process, relevant case laws, procedural safeguards, and practical guidance for victims and their representatives.

1. Purpose and Scope of the SC/ST (Prevention of Atrocities) Act, 1989

The SC/ST (Prevention of Atrocities) Act, 1989 was enacted with the following objectives:

  • To prevent the commission of atrocities against members of SC and ST communities.
  • To provide special courts for the trial of such offences.
  • To ensure relief and rehabilitation of victims.
  • To impose stringent punishment on offenders.
  • To create accountability among public servants for dereliction of duty.

The Act criminalizes a wide range of caste-based offences such as:

  • Intentional insult or intimidation with intent to humiliate.
  • Dispossession from land or interference with enjoyment of property.
  • Forcing manual scavenging or bonded labour.
  • Sexual exploitation of SC/ST women.
  • Social and economic boycotts.
  • Denial of access to public places, water sources, or religious sites.

Understanding who can initiate a complaint is central to ensuring that victims receive timely legal protection.

2. Who Can File a Complaint under the SC/ST (Prevention of Atrocities) Act, 1989?

2.1 The Victim Belonging to SC or ST

The primary and most straightforward answer is that any person who belongs to a Scheduled Caste or a Scheduled Tribe and has been subjected to an offence listed under the SC/ST (Prevention of Atrocities) Act, 1989 can file a complaint.

Key points:

  • The complainant must be a member of a notified Scheduled Caste or Scheduled Tribe.
  • The accused must be a person who does not belong to an SC or ST community (in most offences).
  • The offence must fall within the categories mentioned in Section 3 of the Act.
  • The act must be committed on the ground that the victim belongs to an SC or ST community.

In such cases, the victim has an absolute legal right to approach the police station and lodge a First Information Report (FIR).

2.2 Family Members of the Victim

If the victim is:

  • A minor,
  • A person with a disability,
  • Seriously injured,
  • Hospitalized,
  • Missing, or
  • Incapable of approaching the police station,

then a close family member such as a parent, spouse, sibling, or legal heir can file a complaint on the victim’s behalf.

This is particularly relevant in cases involving:

  • Sexual violence,
  • Murder,
  • Attempt to murder,
  • Forced eviction, or
  • Custodial violence.

Courts have repeatedly emphasized that procedural technicalities should not defeat the substantive rights of SC/ST victims.

2.3 Legal Guardians or Representatives

In cases where the victim is a minor or mentally incapacitated, a legal guardian, court-appointed guardian, or next friend can file the complaint.

Examples include:

  • Parents filing a complaint for a child victim.
  • Court-appointed guardians filing a complaint for a mentally challenged SC/ST person.
  • NGOs acting as authorized representatives in extreme situations where the victim is unable to act.

Such filings are recognized as legally valid, provided the facts disclose a cognizable offence under the SC/ST (Prevention of Atrocities) Act, 1989.

2.4 Any Person with Knowledge of the Offence (Third Party Complaints)

One of the progressive features of Indian criminal law is that any person who has knowledge of the commission of a cognizable offence can lodge an FIR. This principle equally applies to offences under the SC/ST (Prevention of Atrocities) Act, 1989.

Therefore, the following persons can also file a complaint:

  • Neighbours or eyewitnesses.
  • Social workers or activists.
  • Members of civil society organizations.
  • Panchayat members.
  • Journalists who witnessed or documented the offence.

This is particularly important in situations where:

  • The victim is under threat or intimidation.
  • The victim is socially boycotted and isolated.
  • The victim is prevented from accessing the police station.
  • There is a real fear of retaliation by dominant caste groups.

The law does not require that only the victim can file the complaint; the emphasis is on ensuring that the offence is brought to the notice of law enforcement authorities.

2.5 Public Servants and Police Officers (Suo Motu Action)

Under the SC/ST (Prevention of Atrocities) Act, 1989 and its accompanying Rules, public servants and police officers have a statutory duty to act upon information regarding atrocities against SC/ST persons.

In appropriate cases, the police can:

  • Register an FIR suo motu (on their own).
  • Act upon oral or written information received from any source.
  • Conduct preliminary verification (only in limited circumstances).

Failure by a public servant to register an FIR or provide protection to the victim can itself amount to an offence under the Act.

3. Legal Provisions Governing the Filing of Complaints

3.1 Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989

Section 3 lists the offences that constitute atrocities. A complaint can be filed if:

  • The act complained of falls under Section 3(1) or 3(2).
  • The victim belongs to an SC or ST community.
  • The offence is motivated by caste-based animosity or humiliation.

3.2 Rule 5 of the SC/ST (Prevention of Atrocities) Rules, 1995

Rule 5 mandates that:

  • The police must register an FIR promptly.
  • The statement of the victim should be recorded at their residence or a place of their choice.
  • The victim should not be forced to visit the police station repeatedly.
  • A copy of the FIR must be provided to the complainant free of cost.

These rules reinforce that any legitimate complainant should not be turned away on technical grounds.

4. Can an Accused Belonging to SC/ST File a Complaint under the Act?

This is a commonly misunderstood aspect.

Direct Answer: No, the SC/ST (Prevention of Atrocities) Act, 1989 is meant to protect SC/ST persons as victims, not to be used by them as complainants against other SC/ST persons under this special law.

Key points:

  • The Act is primarily intended to protect SC/ST individuals from non-SC/ST offenders.
  • If both the complainant and the accused belong to SC/ST communities, the offence may still be prosecuted under the Indian Penal Code (IPC) or Bharatiya Nyaya Sanhita (BNS), but not necessarily under the PoA Act unless specific provisions apply.

5. Important Supreme Court and High Court Judgments

5.1 Subhash Kashinath Mahajan v. State of Maharashtra (2018)

The Supreme Court held that:

  • A preliminary inquiry may be conducted in certain cases to prevent misuse.
  • Arrest should not be automatic.

However, this judgment was later diluted by legislative amendments restoring stricter provisions.

5.2 Prathvi Raj Chauhan v. Union of India (2020)

The Supreme Court clarified that:

  • The bar on anticipatory bail applies when a prima facie case is made out.
  • The Act must be interpreted to protect genuine victims without encouraging false cases.

6. Procedure to File a Complaint under the SC/ST (Prevention of Atrocities) Act, 1989

Step 1: Identify the Offence

Ensure that the act complained of falls under Section 3 of the Act.

Step 2: Visit the Nearest Police Station

The victim or any authorized person can approach the nearest police station.

Step 3: Demand Registration of FIR

The police are legally bound to register an FIR for cognizable offences.

Step 4: Recording of Statement

The victim’s statement should ideally be recorded at their residence or a safe place.

Step 5: Medical Examination and Protection

In cases involving physical or sexual violence, immediate medical assistance and police protection must be provided.

7. What If the Police Refuse to Register the Complaint?

If the police refuse to register the FIR:

  • A written complaint can be sent to the Superintendent of Police under Section 154(3) CrPC.
  • A private complaint can be filed before the Magistrate under Section 156(3) CrPC.
  • A writ petition can be filed before the High Court seeking directions to register the FIR.

Such remedies are available to both the victim and any authorized complainant.

8. Practical Tips for Victims and Complainants

  • Always carry proof of caste status (caste certificate) while filing the complaint.
  • Document injuries, threats, or humiliation through photographs or medical reports.
  • Seek legal assistance from a lawyer experienced in SC/ST cases.
  • Do not succumb to pressure or intimidation to withdraw the complaint.
  • Approach the District Legal Services Authority for free legal aid.

Conclusion

The SC/ST (Prevention of Atrocities) Act, 1989 is a powerful legal instrument designed to safeguard the dignity, life, and liberty of Scheduled Caste and Scheduled Tribe individuals. Any SC/ST victim can file a complaint under the Act, and in appropriate cases, their family members, legal guardians, or even third parties can also initiate the complaint on their behalf.

The law deliberately adopts an inclusive approach to ensure that genuine cases of caste-based violence and discrimination do not go unreported due to fear, social pressure, or logistical barriers. By empowering not just the victim but also their support network to approach law enforcement authorities, the Act seeks to strengthen access to justice and reinforce the constitutional promise of equality.

For victims facing caste-based atrocities, timely filing of a complaint under the SC/ST (Prevention of Atrocities) Act, 1989 can be the first decisive step toward legal protection, accountability of offenders, and long-term social justice.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

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