Legal Safeguards for Women under SC/ST Act, 1989- Pratibha Chauhan

Legal Safeguards for Women 
       Introduction
      In the Modern era women have got the chances and opportunities to stand equally with male. Now they have not been restricted to their houses, rather have freedom to do anything as per their choice. This is the reason that we always talk about the safety issues of women. Everything is changing rapidly. The violence against them  is also increasing day by day in India and it has now become a prime concern for our society. So our legislature, in order to improve the safety of women in India, enacted so many strict laws to solve the problems of women safety which are now being implemented to solve the issue  to a large extent.  I am talking about one of those acts which are strict in nature i.e Schedule Caste and Scheduled Tribes prevention of atrocities act 1989. Scheduled castes and Scheduled Tribes have been a vulnerable class despite various measures to improve their conditions. The purpose of the act is to give safeguards to the vulnerable class and to put down the atrocities committed on the members of scheduled castes and Scheduled Tribes especially against women. So far as this act is concerned several  provisions have been laid down under this act for the protection of women. 

       In this regard the provisions related to women are- 
      Section 3 of this act says that 
     (k) performs, or promotes dedicating a Scheduled Caste or a Scheduled Tribe woman to a deity, idol, object of worship, temple, or other religious institution as a devadasi or any other similar practice or permits aforementioned acts;
     Devdasis literally were the worshipers and servants of God. They were Temple dancers. This practice continued in remote civilization. The women were considered ‘pure’ as they dedicated their life in the service of God, but later on this practice began to decay  and the women were forced to perform in the court of the kings. 
      These steps have been taken by the government from time to time against devadasi practice- Bombay devadasi Protection Act 1934,  Madras Devadasis prevention of dedication act 1947 Andhra Pradesh  devadasi prevention of dedication act 1947, Karnataka devadasi prohibition of dedication act 1982 and  Maharashtra devadasi system evolution Act 2005. In Tamilnadu a complaint was filed Against this practice as girls were being forced to perform the rituals of Devdasis and also forced to live in the temple as public property, National Human Rights Commission has taken cognizance of the matter.  
       Under this act no one can promote for dedication of a woman belonging to scheduled caste and Scheduled tribe to a deity, Idol or object of worship temple or other religious institution as a devdasi , If anyone it  found doing so shall be liable For punishment with imprisonment for a term which shall not be less than 6 month but which may extend to 5 years and with fine. 
          Moreover S 3 (w)  says that 
          (i) whoever intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe, when such act of touching is of a sexual nature and is without the recipient’s consent; 
        (ii) uses words, acts or gestures of a sexual nature towards a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe. 
         Explanation.––For the purposes of sub-clause (i), the expression “consent” means an unequivocal voluntary agreement when the person by words, gestures, or any form of non-verbal communication, communicates willingness to participate in the specific act: 
         Provided that a woman belonging to a Scheduled Caste or a Scheduled Tribe who does not offer physical resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded as consenting to the sexual activity: Provided further that a woman’s sexual history, including with the offender shall not imply consent or mitigate the offence;
        If anyone is found doing so shall be liable For punishment with imprisonment for a term which shall not be less than 6 month but which may extend to 5 years and with fine. 
        (zb) causes physical harm or mental agony of a member of a Scheduled Caste or a Scheduled Tribe on the allegation of practicing witchcraft or being a witch
        If anyone is found doing so shall be liable For punishment with imprisonment for a term which shall not be less than 6 month but which may extend to 5 years and with fine. 
15A. Rights of victims and witnesses.—(1) It shall be the duty and responsibility of the State to make arrangements for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence. 
        Thus is it clear that if a victim who is also an eye witness of the case shall be protected by the court itself. The state has also responsibility to make  arrangements for the protection of the witnesses as well as the victims. 
        (2) A victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victim’s age or gender or educational disadvantage or poverty.
As per this provision the victim shall be treated with dignity. The law , in this regard , is not gender biased. The safeguards are equally applicable to the women also.  
        It is often seen in society that there has been an increase in the disturbing trend of commission of the offence against women. The women belonging to Scheduled Castes and Scheduled Tribes are becoming prey of these things i.e. making the women to eat or drink inedible or obnoxious substances, removing or cutting  hair, painting face or body with black substances, garlanding  with footwear or parading a woman naked or semi naked or rape or any other similar act which is derogatory to a woman dignity. There are so many other acts which are against the human dignity being faced by women. Thus this is a special legislation that came into force in 1989 and amended on 31st December , 2015.