Question

Why do Adivasi activists, including C.K. Janu, believe that Adivasis can also use this 1989 Act to fight against dispossession? Is there anything specific in the provisions of the Act that allows her to believe this?

Answer 1

Hint: The, 1989 was established to prevent atrocities against the members of this community. It provides Special Courts to the SCs and STs for the trial of such atrocities.

Complete Step by Step Answer: The word atrocity according to the 1989 act refers to any offence punishable under Section 3 of the Constitution. Chapter II of this Act explains in detail all the offences of atrocities. When a person not belonging to Scheduled Caste or Scheduled tribe resorts to the actions mentioned in Chapter II of the Act, is punished by law.

The reason why activist C.K. Janu believes that Adivasis can use this 1989 Act to fight against dispossession because it guarantees such an atrocity is punishable by law. It states that when a person not belonging to the scheduled caste and scheduled tribe interferes with the rights enjoyed by a member of the community over any land, water or premises or wrongfully dispossesses him from his land or premises shall be punishable with imprisonment of not less than six months. The term can also be extended to five years with fine. In the case where this happens, the Adivasis can repossess their land through this act and such provision is backed by the Indian Constitution.

Note: The Prevention of Atrocities Act, also known as the Scheduled Castes and The Scheduled Tribes Act extends to the whole of India except to the Union Territory of Jammu and Kashmir.