Section 10 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
- (1)Where the Special Court is satisfied, upon a complaint or a police report that a person is likely to commit an offence under Chapter II of this Act in any area included in "Scheduled Areas" or "tribal areas", as referred to in article 244 of the Constitution, 1 [or any area identified under the provisions of clause (vii) of sub-section (2) of section 21], it may, by order in writing, direct such person to remove himself beyond the limits of such area, by such route and within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding 2 [three years], as may be specified in the order.
- (2)The Special Court shall, along with the order under sub-section (1), communicate to the person directed under that sub-section the grounds on which such order has been made.
- (3)The Special Court may revoke or modify the order made under sub-section (1), for the reasons to be recorded in writing, on the representation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order.
Summary
- Section 10 lets the Special Court order a person to leave an area if they are likely to commit an atrocity offence there.
- This banishment rule applies to specific vulnerable regions, like Scheduled Areas, tribal areas, or other specially identified zones.
- The court can ban the person from returning for a period of up to three years.
- The court must communicate the exact reasons for the removal order to the person being banned.
- The targeted person has a thirty-day window to ask the court to cancel or modify the order.
Practical examples
FAQ
1. Under Section 10 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, how long can a person be banned from an area?
Under Section 10 of the Prevention of Atrocities Act, a person can be ordered not to return for a period not exceeding three years.
2. Who has the authority to issue a removal order under Section 10 of the Atrocities Act?
The Special Court has the power to issue a written order directing a person to remove themselves under Section 10 of the Atrocities Act.
3. Can a person fight a removal order made under Section 10 of the Prevention of Atrocities Act?
Yes, Section 10 of the Prevention of Atrocities Act allows the person to make a representation within thirty days to ask the court to revoke or modify the order.
4. According to Section 10 of the Atrocities Act, which Constitutional article defines the tribal areas where a person might be removed from?
Section 10 of the Atrocities Act refers to article 244 of the Constitution for the definition of Scheduled Areas or tribal areas.
Test yourself
Q1.Under Section 10 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, what is the maximum amount of time a person can be banned from returning to an area?
Q2.Within how many days can a person challenge an order made under Section 10 of the Prevention of Atrocities Act?
Q3.Under Section 10 of the Atrocities Act, which authority has the power to direct a person to remove themselves from a specific area?
Q4.Section 10 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 mentions areas identified under Section 21. What does Section 21 say these areas are prone to?
Q5.Section 10 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 refers to Scheduled Areas and tribal areas as mentioned in which external document?