Observations have been made by certain organizations in regard to gaps in implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities){PoA}Act, 1989. These broadly relate to under reporting of cases, non-registration of cases under appropriate sections of the PoA Act, delay in filing charge sheets, filing of false and counter cases.
The Ministry of Home Affairs has sent a detailed advisory dated 01.04.2010, on crimes against SCs/STs to the Chief Secretaries of State Governments and Union Territory Administrations. The advisory has enumerated various steps, viz, vigorous and conscientious enforcement of the statutory provisions and the existing legislations, sensitizing the law enforcement machinery towards crimes against members of SCs/STs, developing a community monitoring system to check cases of violence, abuse and exploitation, no delay in the registration of FIR in cases of crimes against SCs/STs etc. States/UTs have also been requested to implement this advisory meticulously. However, as per the seventh schedule to the Constitution of India `Police` and `Public Order` are State subjects and, as such, the primary responsibility of prevention, detection, registration, investigation and prosecution of crime, lies with the States.
A Committee under the Chairpersonship of Union Minster for Social Justice & Empowerment which was constituted in the year 2006, with members drawn from Ministries of Social Justice & Empowerment, Home Affairs, Tribal Affairs, Law and Justice, Department of Justice, National Commission for Scheduled Castes, National Commission for Scheduled Tribes, besides three non-official Members (two amongst SCs and One amongst STs), also reviews implementation of the Protection of Civil Rights{PCR} Act, 1989 and the PoA Act, in State/UTs. The Committee has so far held twenty one meetings wherein implementation of the PCR and PoA Acts in 24 States and 4 Union Territories has been reviewed.
As regards responsibility of the District Collector and Superintendent of Police for taking action in cases of offences of atrocities, Rule 12 of the PoA Rules, 1995 specifies the measures to be taken by the District Administration. Section 4 of the PoA Act provides for punishment for willful neglect of duties required to be performed under the Act by a public servant not being a member of a Scheduled Caste or a Scheduled Tribe.
This information was given by the Minister of State for Social Justice and Empowerment, Shri Sudarshan Bhagat in a written reply to a question in Rajya Sabha here today.
Courtesy: pib.nic.in
The Ministry of Home Affairs has sent a detailed advisory dated 01.04.2010, on crimes against SCs/STs to the Chief Secretaries of State Governments and Union Territory Administrations. The advisory has enumerated various steps, viz, vigorous and conscientious enforcement of the statutory provisions and the existing legislations, sensitizing the law enforcement machinery towards crimes against members of SCs/STs, developing a community monitoring system to check cases of violence, abuse and exploitation, no delay in the registration of FIR in cases of crimes against SCs/STs etc. States/UTs have also been requested to implement this advisory meticulously. However, as per the seventh schedule to the Constitution of India `Police` and `Public Order` are State subjects and, as such, the primary responsibility of prevention, detection, registration, investigation and prosecution of crime, lies with the States.
A Committee under the Chairpersonship of Union Minster for Social Justice & Empowerment which was constituted in the year 2006, with members drawn from Ministries of Social Justice & Empowerment, Home Affairs, Tribal Affairs, Law and Justice, Department of Justice, National Commission for Scheduled Castes, National Commission for Scheduled Tribes, besides three non-official Members (two amongst SCs and One amongst STs), also reviews implementation of the Protection of Civil Rights{PCR} Act, 1989 and the PoA Act, in State/UTs. The Committee has so far held twenty one meetings wherein implementation of the PCR and PoA Acts in 24 States and 4 Union Territories has been reviewed.
As regards responsibility of the District Collector and Superintendent of Police for taking action in cases of offences of atrocities, Rule 12 of the PoA Rules, 1995 specifies the measures to be taken by the District Administration. Section 4 of the PoA Act provides for punishment for willful neglect of duties required to be performed under the Act by a public servant not being a member of a Scheduled Caste or a Scheduled Tribe.
This information was given by the Minister of State for Social Justice and Empowerment, Shri Sudarshan Bhagat in a written reply to a question in Rajya Sabha here today.
Courtesy: pib.nic.in
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