Amendment status not verified — confirm the current text below against the official source.
III section 3 of the principal Act,- (i) for sub- ectioo (1), the following sub-section shall be substituted. namely:- '(1) hoever, not being a member of a Scheduled Caste or a Scheduled Tribe,~ (a) puts any inedible or obnoxious substance into the mouth of a men bel' of a Scheduled Caste or a Scheduled Tribe or forces such member to eli' nk or eat such inedible or obnoxious substance; (b) dumps excreta, sewage, carcasses or any other obnoxious subs ance in premises. or at the entrance of the premises, occupied by a men bel' of a Scheduled Caste or a Scheduled Tribe; (c) with intent to cause injury, insult or annoyance to any memberof a Sc leduled Caste or a Scheduled Ttibe, dumps excreta, waste maHer, carc'sses or any other obnoxious substance in his neighbourhood; (d) garlands with footwear or parades naked or semi-naked a member of a checluled Caste or a Scheduled Tribe; (e) forcibly commits 011 a memberofa Scheduled Caste or a Scheduled Ttib any act, such as removing clothes from the person, forcible tonsllfing of h ad, removing moustaches, painting face or body or any other similar act, hich is derogatory to human dignity; (j) wrongfully occupies or cultivates any land, owned by, or in the pass ssion of or allotted to, or notified by any competent authority to be allot ed to, a member of a Scheduled Caste or a Scheduled Tribe, or gets such land transfelTed; (g) wrongfully dispossesses a member of a Scheduled Caste or a Sch duled Tlibe from his landor premises or interferes with the enjoyment ufhi .rights. including forest rights, over any Janel or premises or water or irrig ition facilities or destroys the crops or takes away the produce ther from. Exp/WlQfion.-For the purposes of clause (f) and tillS clause, the expr ssion "wrongfully" includes- (A) against the person's will; (B) without the person's consent; (C) with the person's consent, where such consent has been obtained by putting the person, or any other person in ,"vhorn the person is interested in fear of death or of hurt; or (D) rabricating records of such land; (II) mukes a memberof a Scheduled Caste or a Scheduled Tribe to do "be ar" or other rorms of forced or bonded labour other than any com uisory service for public purposes imposed by the Government; (i) compels a member of a Scheduled Caste or a Scheduled Tribe to disp f.ie or carry human or animal carcasses, or to dig graves; Amendment of section 3. • 4 THE GAZElTE OF INDIAEXTRAORDINARY lPARTlJ- (j) makes a member ofa Scheduled Caste or a S heduled Tribe to do manual scavenging or employs or permits the employ ent ofsuch member for such purpose; (k) performs, or promotes dedicating a Sc cduled Caste or a Schedule.d Tribe woman to a deity, idol. object ofwors ip, temple. orother religious institution as a del'Cldasi or :lny other simila practice or permits aforementioned acts: (I) forces or intimidates or prevents a member 0 a Scheduled Caste or a Scheduled Tribe- (A) not to vote or to votc for a particular andidate or to vote in a manner other than that provided by law; (ll) not to file a nomination as a candidate r to withdraw such nomination; or (C) not to propose or second the norninati f] ofa member of a Scheduled Caste or a Scheduled Tribe as a candi ate in any election; (m) forces or intimidates Of obstruClli a member f a Scheduled Caste or a Scheduled Tribe, who is a member or a Chairpers n or a holderofany other office of a Panchayat uncleI' Part IX of the Constitulion or a Municipality uncleI' Part IXA of the Constitution, fr0i1m performing their normal duties and n.mctions; (n) after the poll. causes hUrl or grievous hurt or assault or imposes or threatens to impose sodal or economic boycott u on a member of a Scheduled Caste or a Scheduled Tribe or prevents fr m availing bencfilS of any public service which is due to him; (0) COmmiL"i any offence under lhis Act agai 5t a member of a Scheduled Caste or a Scheduled Tribe for having v ted or 110t hewing voted for a particular candidate or for having voted in a manner provided by law: (p) institutes false. malicious or vexatious suit r criminal or other legal proceedings against a member of a Scheduled C lste or a Scheduled Tribe; (q) gives any false or frivolous inforrnalion to any public servant and thereby causes such public servant to use his 1 wful power to the injury or annoyance of a member of a Scheduled C, ste or a Scheduled Tribe; (r) ilHentionally insults or intimidates with in em to humiliate a member of a Scheduled Caste or a Scheduled Tribe In any place within public vlcw: (5) abuses any member of a Scheduled Caste 0 a Scheduled Tribe by caste name in any place wilhin public view; (I) destroys. damages or defiles l.Iny object gen rally known to be held sacred or in high esteem by members of the Sl:he uled C,\stes or the Scheduled Tribes. Explalllltiull.-For the purposes of this clau e. the expression "object" means and includes statue. photograph and rtrait: (u) by words either written or spoken or by igns or by visible representation or otherwise promotes or attempts to mmote feelings of enmity, hatreJ or ill-will against members of the Sl.:hc fuled Casles or the Scheduled Tribes: SEC. I] }ffiGAZEITEOF INDIA EXTRAORDINARY 5 (v) by words either written or spoken or by any other means disr I peets an)' late person held in high esteem by members of the Sehe uled Castes or the Scheduled Tribes; (1\1) (i) intentionally touches a woman belonging to a Scheduled Cast or a Scheduled Tribe. knowing that she belongs to a Scheduled Cast or a Scheduled Tlibe, when such act or touching is or a sexual natUlc and is without the recipient's cunsent; (ii) uses words, acts or gestures of a sexual nature towards a woman helOt ging to a Scheduled Caste or a Scheduled Tribe, knowing that she belOlre.S 10 a Scheduled Caste or a Scheduled Tribe. Explananoll.-For the purposes of sub-clause (f), the expressIOn "confe"f' means an unequivocal voluntary agreement when the person by \lords, gestures. ur any form of non-verbal communication, com unicates willingness to participate in the specific act: Provided that a woman belonging to a Scheduled Caste or a SCh~uled Tribe who does not offer physical resistance to any act of a sexu I nature is not by reason only of that fact, is to be regarded as cons nling to the sexual activity: Provided further that a woman's sexual history, including with the oHel der shall not imply consent or mitigate the offence; (x) corrupts or fouls the water of any spring, reservoir or any other sour e ordinarily used by members of the Scheduled Castes or the Sch uled Tribes so as to render it I~ss tit for the purpose for which it is oreli arily used: (y) denies a member ofa Scheduled Caste or a Scheduled Tlibe any Cllst mary right of passage to a place of public resoll or obstructs such men bel' so as to prevent him from using or having access to a place of publ c resort to which other members ofpublic or any other section thereof hav a right to use or access to: (z) forces or causes .t member of a S\:heduled Caste or a Scheduled Trib to leave his house, village or other place of residence: Provided thal nothing contained in this clause shall apply to any acti D luken in discharge of u public duty; (<:(1) obstructs or prevents a member of a Scheduled Caste or a Sell dulcd Tribe in any manner with regard to-- (A) using common properlY resources of an area, or burial or cremation ground equaUy 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: (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 of worship ....,hich 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 ja/ras; (D) entering any educational institution, hospital, dispensary, primary health centre, shop or place of publ ic entertainment or any 6 THE GAZETIE OF INDIA EXTRAORDINARY] [PARTn- Suhstitution of new SCl;tion for section 4. other public place; or using any utensils or articles meant for public use in any place open to the public: or (E) practicing any profession or thelCarrYillg on of any occupation, trade or business or employment ih any job which other members of the public, or any section thereof,!haVe a right to use or ha ve access to; (z/J) causes physical harm or mental ugony oL.lITJember ofa Scheduled Caste or a Scheduled Tribe 011 the allegation of pr<IFticing witchcraft or being a witch; or I (zc) imposes or threatens a s<Xial or economic JoYCOlt of any person or a family or a group belonging to a Scheduled qaste or a Scheduled Tribe. I shall be punishable with imprisonment for a term which sha I not be less than six months hut which may extend to five years and with fine.' (ii) in stlb~section(2),- (a) in clause (v), for the words "on the. ground th~l such person is a member of a Scheduled Caste or a Scheduled Tribe or sllchlPropcrry belongs to such member", the words "knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property b~longs to sU9h member" shall be substituted: I (b) after clause (~'). the following clause shall be inserted, namely:- "(Fa) commits any offence specified in the SChedlJle, against a person or property, knowing that sut:h person is amember otaScheduled Caste or" Scheduled Tribe or such property belongs to SliC/l member, shall be punishable with such punishment as specified under the Indian Penal Code for such offences and shall also be liable to lin4". 45 of 1860.