Government proposes 40% hike in SC/ST atrocity compensation to up to Rs 12 lakh
A proposal has been put forward to raise the maximum relief/compensation payable to victims under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 by around 40%, taking the upper ceiling to approximately Rs 12 lakh.
This would be the first major revision of compensation slabs in about a decade, since the last upward revision was notified in 2016.
Alongside the compensation hike, financial assistance is proposed for states to strengthen infrastructure, including exclusive Special Police Stations dedicated to registering and investigating atrocity cases.
The move is aimed at addressing gaps in institutional capacity — inadequate special courts, under-resourced police cells, and delays in relief disbursal — that have limited effective enforcement of the Act.
SC/ST (Prevention of Atrocities) Act, 1989 and the PoA Rules
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to prevent atrocities against members of Scheduled Castes and Scheduled Tribes and to provide for Special Courts for trial of such offences and relief and rehabilitation of victims. The Act operationalises the constitutional guarantee of dignity and non-discrimination for SC/ST communities through criminal law and a dedicated relief mechanism, distinct from the general Indian Penal Code framework.
Key Details
- Enacted 1989; operational Rules notified in 1995 as the SC/ST (Prevention of Atrocities) Rules, 1995
- The 2016 Amendment to the Rules revised the "Schedule" of relief amounts, raising them from a Rs 75,000–7.5 lakh range (set in 1995) to a Rs 85,000–8.25 lakh range depending on the gravity of the offence
- Relief is typically staggered: a portion is released after FIR/registration, a further portion after chargesheet, and the balance after conviction
- The 2016 Rules also introduced relief for rape and gang rape for the first time and mandated completion of investigation within 60 days
A roughly 40% increase on the existing ~Rs 8.25 lakh ceiling would take the maximum relief to approximately Rs 12 lakh — the first such revision since 2016, intended to keep compensation levels aligned with inflation and cost of rehabilitation.
SC/ST (Prevention of Atrocities) Amendment Act, 2018 and Section 18A
In Subhash Kashinath Mahajan v. State of Maharashtra (2018), the Supreme Court had introduced procedural safeguards against misuse of the Act — barring automatic arrest without prior approval and permitting anticipatory bail. Parliament responded with the SC/ST (Prevention of Atrocities) Amendment Act, 2018, inserting Section 18A, which restored the Act's original rigour by removing the requirement of a preliminary inquiry before FIR registration, removing the need for prior approval to arrest an accused, and barring anticipatory bail under the Act.
Key Details
- Section 18A inserted by the 2018 Amendment Act
- The constitutional validity of Section 18A was upheld by the Supreme Court in Prithvi Raj Chauhan v. Union of India (2020), which effectively overruled the safeguards laid down in the 2018 Mahajan judgment
- The Act's Section 18 (pre-existing) already bars anticipatory bail for offences under the Act, subject to judicial exceptions where no prima facie case is made out
The current proposal to raise compensation and strengthen Special Police Stations continues the same legislative trend as the 2018 Amendment — reinforcing, rather than diluting, the enforcement architecture of the Act.
Institutional Machinery: Special Police Stations, Special Courts and the Centrally Sponsored Scheme
Enforcement of the SC/ST (Prevention of Atrocities) Act, 1989 and the Protection of Civil Rights Act, 1955 is supported by a Centrally Sponsored Scheme under which the Union government releases financial assistance to States and Union Territories. This funds SC/ST Protection Cells, dedicated Special Police Stations for registering and investigating atrocity cases, exclusive Special Courts for speedy trial, and victim relief and rehabilitation.
Key Details
- Special Courts under the Act are meant to ensure trials are completed, as far as practicable, within two months of filing the chargesheet
- District-level Special Police Stations/SC-ST Cells are meant to handle atrocity cases exclusively rather than through general police stations
- Union assistance to States/UTs under this scheme has run into thousands of crores cumulatively in recent years, reflecting continuing gaps in state-level infrastructure
The proposal pairs the compensation hike with dedicated funding for Special Police Stations — recognising that raising monetary relief alone does not fix delays caused by weak investigative and judicial infrastructure at the state level.
Constitutional and DPSP Basis for SC/ST Protection
The SC/ST (Prevention of Atrocities) Act draws its constitutional legitimacy from multiple provisions: Article 17 (abolition of untouchability), Article 15(4) and 16(4) (enabling special provisions/reservation for socially and educationally backward classes including SCs/STs), and Article 46, a Directive Principle requiring the State to promote the educational and economic interests of SCs, STs and other weaker sections and protect them from social injustice and exploitation.
Key Details
- Article 17 makes the practice of "untouchability" in any form a punishable offence, enforceable by law (the Protection of Civil Rights Act, 1955, and later the PoA Act, 1989, are the enabling legislations)
- Article 46 (Part IV, DPSP) obliges the state to protect SC/ST communities "from social injustice and all forms of exploitation"
- Article 338 and 338A provide for the National Commission for Scheduled Castes and National Commission for Scheduled Tribes respectively, which monitor safeguards including atrocity relief implementation
The compensation hike operationalises the Article 46 directive by strengthening the material rehabilitation component of protection against atrocities, translating a non-justiciable DPSP into concrete administrative action.
- Current relief ceiling under the 2016 PoA Rules amendment: up to Rs 8.25 lakh (minimum Rs 85,000), depending on offence gravity
- Proposed hike: approximately 40%, taking the ceiling to around Rs 12 lakh
- Last major revision of compensation slabs: 2016 (a decade before this proposal)
- SC/ST (Prevention of Atrocities) Act enacted: 1989; Rules notified: 1995
- Section 18A inserted by the 2018 Amendment Act; upheld in Prithvi Raj Chauhan v. Union of India (2020)
- Enforcement funded via a Centrally Sponsored Scheme covering Special Police Stations, Special Courts, and victim relief/rehabilitation