Amendment of section 3.

In section 3 ofthe principal Act,-

1. (i) for sub-section(/), the following sub-section shall be substituted, namely:- '(/) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,-

1. (a) puts any inedible or obnoxious substance into the mouth of a member ofa Scheduled Caste or a Scheduled Tribe or forces such member to drink or eat such inedible or obnoxious substance;
2. (b) dumps excreta, sewage, carcasses or any other obnoxious substance in premises, or at the entrance of the premises, occupied by a member ofa Scheduled Caste or a Scheduled Tribe;
3. (c) with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe, dumps excreta, waste matter, carcasses or any other obnoxious substance in his neighbourhood;
4. (d) garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or a Scheduled Tribe:
5. (e) forcibly commits on a member ofa Scheduled Caste or a Scheduled Tribe any act, such as removing clothes from the person, forcible tonsuring ofhead, removing moustaches, painting face or body or any other simil~r act, which is derogatory to human dignity;
6. (j) wrongfully occupies or cultivates any land, owned by, or in the possession ofor allotted to, or notified by any competent authority to be allotted to, a member ofa Scheduled Caste or a Scheduled Tribe, or gets such land transferred;
7. (g) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land orpremises or interferes with the enjoyment ofhis rights, including forest rights, over any land or premises or water or irrigation facilities or destroys the crops or takes away the produce therefrom. Explanation.-For the purposes of clause (j) and this clause, the expression ''wrongfully" includes-
8. (A) against the person's will;
9. (B) without the person's consent;
10. (C) with the person's consent, where such consent has been obtained by putting the person, or any other person in whom the person is interested in fear ofdeath or ofhurt; or
11. (D) fabricating records ofsuch land;
12. (h) makes a member ofa Scheduled Caste or a Scheduled Tribe to do "begar" or other forms of forced or bonded labour other than any compulsory service for public purposes imposed by the: Government;
    • (i) compels a member ofa Scheduled Caste or a SchcduIP:.l Tribe to dispose or carry human or animal carcasses, or to dig graves; 128 (6)
13. (j) makes a member ofa Scheduled Caste ora Scheduled Tribe to do manual scavenging oremploys or permits the employment ofsuch member for such purpose;
14. (k) performs, or promotes dedicating a Scheduled Caste or a Scheduled Tribe woman to a deity, idol, objectofworship, temple. orother religious institution as a devadasi or any other similar practice or permits aforementioned acts; (/) forces or intimidates or prevents a member of a Scheduled Caste or a Scheduled Tribe-
15. (A) not to vote or to vote for a particular candidate or to vote in a manner other than that provided by law;

1. (8) not to file a nomination as a candidate or to withdraw such nomination; or
   • (C) not to propose or second the nomination ofa member ofa Scheduled Caste or a Scheduled Tribe as a candidate in anyelection; (m) forces or intimidates or obstructs a member ofa Schedull:d Caste or a Scheduled Tribe, who is a member ora Chairperson or a holder ofany other office of a Panchayat under Part IX of the Constitution or a Municipality under Part IXA of the Constitution. from performing their normal duties and functions;
   • (n) after the poll, causes hurt or grievous hurt or assault or imposes or threatens to impose social or economic boycott upon a member of a Scheduled Caste or a Scheduled Tribe or prevents from availing benefits ofany public service which is due to him;
2. (9) commits any offence under this Act against a member of a Scheduled Caste or a Scheduled Tribe for having voted or not having voted for a particular candidate or for having voted in a manner provided by law;
   • (p) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe;
   • (q) gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;
   • (r) intentionally insults or intimidates with intent to humiliate a member ofa Scheduled Caste or a Scheduled Tribe in any place within public view;
   • (s) abuses any member ofa Scheduled Caste or a Scheduled Tribe by caste name in any place within public view;
   • (t) destroys. damages or defiles any object generally known to be . held sacred or in high esteem by members ofthe Scheduled Castes or the Scheduled Tribes. Explanation.-For the purposes of this clause, the expression "object" means and includes statue, photograph and portrait;
3. (11) by words either written or spoken or by signs or by visible representation or otherwise promotes or attempts to promote feelings of enmity, hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes; 128 (7)
   • (v) by words either written or spoken or by any other means disrespects any late person held in high esteem by members of the Scheduled Castes or the Scheduled Tribes;
   • (w) (i) 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 ofa 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;
     • (x) corrupts or fouls the water ofany spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or the Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used;
   • (y) denies a member ofa Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members ofpublic or any other section thereof have a right to use or access to;
   • (z) forces or causes a member ofa Scheduled Caste or a Scheduled Tribe to leave his house, village or other place ofresidence: Provided that nothing contained in this clause shall apply to any action taken in discharge ofa public duty;
   • (za) obstructs or prevents a member of a Scheduled Caste or a Scheduled Tribe in any manner with regard to-
   • (A) using common property resources ofan area, or burial or cremation ground equally with others or using any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, any public conveyance, any road, or passage;
4. (8) mounting or riding bicycles or motor cycles or wearing footwear or new clothes in public places or taking out wedding procession, or mounting a horse or any other vehicle during wedding processions;
   • (C) entering any place ofworship which is open to the public or other persons professing the same religion or taking part in, or taking out, any religious, social or cultural processions including jatras;
   • (D) entering any educational institution, hospital, dispensary, primary he?.lth ce;,tre. shop or pl:ice ofpublic entertainment or any 128 (8) ,. other public place; or using any utensils or articles meant for public use in any place open to the public; or • (£) practicing any profession or the carrying on of any occupation, trade or business or employment in anyjob which other members ofthe public, or any section thereof, have a right to use or have access to;
   • (zb) causes physical harm or mentalagony ofa memberofa Scheduled Caste or a Scheduled Tribe on the allegation of practicing witchcrafi or being a witch; or
   • (zc) imposes or threatens a social or economic boycott ofany person or a family or a group belonging to a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.';
     • (ii) in sub-section (2),-
   • (a) in clause (v), for the words '"or the ground that such pt:rson is a member ofa Scheduled Caste or a Schcdul, d Tribe or such property belongs to such member'', the words "knowing that suc:i person is ; member ofa Scheduled Caste or a Scheduled Tribe or such property helongs to such member'' shall be substituted;
   • (b) after clause (v), the following clause shall be inserted, namely:- "(va) commits any offence specified in the Schedule,against a person or property, knowing that such person is a member ofa Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with such punishment as specified under the Indian Penal Code for such offences and shall also be liable to fine.". ,15 or IHl,O.