Meeting of Ministers in charge of SC/ST Development Departments, in regard to the proposed amendments in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 held in delhi on February 20, 2012. Speaking on the occasion, the Union Minister for Social Justice and Empowerment, Kumari Selja said “We have gathered here to deliberate on a very important subject of strengthening the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 {PoA Act}.
MInisterin formed that the PoA Act was enacted during the tenure of our beloved late PM Shri Rajiv Gandhi, with a view to prevent atrocities against the members of the Scheduled Castes and the Scheduled Tribes. The primary responsibility for implementation of the Act rests with the State Governments/Union Territory Administrations. Comprehensive Rules under this Act were notified in the year 1995. These rules provide norms for the relief and rehabilitation of the victims of atrocities. These Rules have been partially amended in 2011 and the minimum scale of relief for the atrocity victims, has on an average been increased by 150%.
The Government of India has always attached a very high priority to the effective implementation of the PoA Act. Government has so far taken various steps for that purpose. As the PoA Act is implemented by the respective State Governments and Union Territory Administrations, the Central Government provides them financial assistance for ensuring its effective implementation. The Central assistance includes support for the functioning and strengthening of the SC and ST Protection Cells, Special Police Stations, exclusive Special Courts, relief and rehabilitation of the victims of atrocities, incentive for inter-caste marriages, and awareness generation.
Minister furthur informed that Hon’ble Prime Minister on the 9th December, 2006 chaired a meeting of the Inter-State Council, to exclusively discuss the subject ‘Offences of untouchability against Scheduled Castes and atrocities on Scheduled Castes and Scheduled Tribes’. Thereafter, he wrote to the Chief Ministers in 2007 requesting them to take concrete measures in the matter. He once again addressed the Chief Ministers of 18 States in 2009, emphasizing therein that curbing atrocities against the members of the Scheduled castes and the Scheduled Tribes should be accorded very high priority, and provisions of the PoA Act and Rules framed there under should be enforced vigorously.
Ministry has also from time to time been addressing the State Governments/Union Territory Administrations to implement the provisions of the PoA Act in letter and spirit. Ministry's specific emphasis has been on setting up of exclusive special courts for speedy trial of cases, sensitization of investigating officers, mass awareness programmes, training and sensitization of police officers, identification of atrocity prone areas as an ongoing process and review of cases ending in acquittal.
The Ministry of Home Affairs has also been pursuing with the State Governments to undertake comprehensive review of the effectiveness of the machinery in tackling the issues of SCs/STs and increasing the responsiveness of the administration and police towards these sections. MHA had also advised the states that engaging or employing a member of a Scheduled Caste or a Scheduled Tribe to clean, handle or carry human excreta may be an offence under this Act. We now propose to make an explicit provision in the Act in this regard.
The Ministry of Home Affairs, in consultation with my Ministry had also convened a meeting to discuss effective implementation of the PoA Act on 17.04.2012. It was attended by Chief Ministers and Administrators of some States/UTs, Home Ministers and Ministers in charge of Social Justice of many States/UTs and other representatives.
Parliamentary Committee on the Welfare of SC & STs recommended constitution of a Committee to ensure effective implementation of PCR and POA Acts. Such a Committee under the Chairpersonship of Union Minister for Social Justice & Empowerment has been constituted. The Committee has so far held twenty meetings wherein implementation of the two Acts in 24 States and 4 Union Territories has been reviewed.
Despite several measures taken and earnest efforts made, it is ironical that the offences of atrocities against members of the SCs and the STs continue unabated. As per the data of the National Crime Records Bureau, Ministry of Home Affairs, during 2011, 39,401 cases were registered by police under the PoA Act. Around 93% of the total cases registered during 2011, under the PoA Act, were confined in the States of Uttar Pradesh, Rajasthan, Andhra Pradesh, Bihar, Madhya Pradesh, Karnataka, Odisha, Tamil Nadu, Maharashtra and Gujarat. The data also indicates that the conviction rate at 30% during 2011, as well as the disposal rate of the cases by the courts at 20% during 2009-2011, for various reasons has remained very low. The conviction rate was less than 15% in the States of Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Maharashtra, Odisha and Tripura.
It is, thus, a matter of deep concern for the nation that since independence, in spite of overall growth in the educational and economic indices, such offences continue. This reflects the perpetuation of social biases and discrimination against our weaker sections. Unless we take concrete steps to arrest this trend, our dream of an inclusive growth and inclusive society will remain only a dream and not become a reality.
While certain lacunae or weakness in the PoA Act cannot be a sole factor for its poor implementation, yet this calls for an assessment whether the existing provisions of the Act need to be amended to strengthen it for it to fulfill its objectives.
Minister hoped that the deliberations will be free and frank and result in concrete suggestions for making significant amendments in the PoA Act, paving the way for its more effective implementation which would go a long way in protecting and ensuring the life of dignity to the members of the SCs and the STs”.
Present in the meeting were Union Minister of State for Home Affairs Shri RPN Singh, Chairman of the National Commission for Scheduled Castes Shri P.L. Punia, Chairperson of the National Commission for Safai Karamcharis Smt. Kamlaben Gurjar, Ministers from the State Governments, Secretary, Ministry of Social Justice & Empowerment, Shri Anil Goswami.
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