24th Meeting Of Committee to review protection of Civil Rights {PCR} Act, 1955 & SCs/ STs {PoA} Act, 1989
Shri
Thaawarchand Gehlot Chairs 24th Meeting Of Committee to review protection of
Civil Rights {PCR} Act, 1955 & SCs/ STs {PoA} Act, 1989
Shri Thaawarchand
Gehlot, Minister for Social Justice and Empowerment chaired the Twenty Fourth
meeting of the Committee to review the Protection of Civil Rights {PCR} Act,
1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) {PoA} Act, 1989, in States of Andhra Pradesh, Bihar, Gujarat,
Karnataka, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Tamil Nadu,
Telangana and Uttar Pradesh here today. Shri Jual Oram, Minister for Tribal
Affairs, Shri Ram Das Athawale, Minister of State for Social Justice and
Empowerment, Ministers and Principal Secretaries of Social Justice of State
Governments participated in the meeting. Smt. Latha Krishna Rao, Secretary,
Ministry of Social Justice and Empowerment, Smt. Leena Nair, Secretary, Ministry
of Tribal Affairs and senior officers from M/o SJ&E were also present in
the meeting.
Addressing on the
occasion, Shri Thaawarchand Gehlot expressed his deep concern on the growing
cases of atrocities against SCs and STs in many States and asked them to
contain it in an effective manner. He said that the establishment
of exclusive Special Courts and specification of exclusive Special Public
Prosecutors should be accorded high priority by all State governments. He
emphasized on the regular conduct of meetings of State and District Level
Vigilance and Monitoring Committees to review the implementation of POA Act
because these committees are required to review relief and rehabilitation
facilities provided to the victims and other matters concerned therewith. He
opined that there should be timely completion of investigation and filing of
charge sheet.
Today’s Meeting
reviewed the implementation status of the PCR Act and the PoA Act in the States
of Andhra Pradesh, Bihar, Gujarat, Karnataka, Madhya Pradesh, Maharashtra,
Odisha, Rajasthan, Tamil Nadu, Telangana and Uttar Pradesh. The Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, made by
the Central Government in exercise of powers conferred by sub-section (1) of
Section 23 of the PoA Act, have also been amended by the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, and
notified on 14th April, 2016.
Article 17 of the
Constitution of India abolished ‘untouchability’, forbade its practice in any
form and made enforcement of any disability arising out of untouchability as an
offence punishable in accordance with the law. An Act of Parliament namely the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) {PoA} Act,
1989, which falls within the provisions of Article 17 of the Constitution was
enacted for preventing atrocities against members of Scheduled Castes and
Scheduled Tribes, to provide for Special Courts for the trial of such offences
as well as relief and rehabilitation of the victims of atrocities. The
PoA Act extends to the whole of India except Jammu & Kashmir, and
responsibility for its implementation rests with State Governments.
With an objective to
deliver members of SCs and STs, a greater justice as well as an enhanced
deterrent to the offenders, the PoA Act has been amended by theScheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and
enforced with effect from 26.01.2016. The salient features of the aforesaid
Amendment Act are:
(i) Addition of
several new offences of atrocities like tonsuring of head, moustache, or
similar acts which are derogatory to the dignity of members of SCs and
STs, garlanding with footwear, denying access to irrigation
facilities or forest rights , dispose or carry human or animal carcasses, or to
dig graves, using or permitting manual scavenging, dedicating a
Scheduled Caste or a Scheduled Tribe women as devadasi, abusing in
caste name, perpetrating witchcraft atrocities, imposing social or
economic boycott, preventing SC and ST candidates from filing of
nomination to contest elections, hurting a SC/ST woman by removing her
garments, forcing a member of SC/ST to leave house , village or
residence, defiling objects sacred to members of SCs and STs , touching
or using words, acts or gestures of a sexual nature against members of SC and
ST,
(ii) Addition
of certain IPC offences like hurt, grievous hurt, intimidation, kidnapping
etc., attracting less than ten years of imprisonment, committed against members
of SCs and STs, as offences punishable under the PoA Act, besides rephrasing
and expansion of some of earlier offences.
(iii) Establishment
of Exclusive Special Courts and specification of Exclusive Special Public
Prosecutors to exclusively try the offences under the PoA Act to enable
expeditious disposal of cases, power of Special Courts and Exclusive Special
Courts to take direct cognizance of offence and as far as possible, completion
of trial of the case, as far as possible within two months from the date of
filing of the charge sheet.
(iv) Addition of
chapter on the ‘Rights of Victims and Witnesses’.
The Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, made by the
Central Government in exercise of powers conferred by sub-section (1) of
Section 23 of the PoA Act, have also been amended by the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, and
notified on 14th April, 2016. Its salient features are as under:-
- The number of offences of atrocities, for
which admissible relief amount to the victims /their dependents is
admissible, has increased from 22 to 47.
- Provision of relief amount for grievous
offences against SC and ST women, has been enabled on conclusion of trial,
even when such cases do not end in conviction.
- Medical examination of SC and ST women for
non-invasive offences against them, has been done away for getting
admissible relief amount.
- The relief amount has been enhanced and made
between Rs. 85,000/- to Rs. 8, 25,000/-, depending upon the nature of the
offence, which has to be paid to atrocity victims/ their dependents,
within seven days.
- A separate provision of relief for offences of
rape and gang rape of Rs. 5 lakh and Rs. 8.25 lakh respectively, has been
made.
- For the first time, separate provisions for
relief amount between Rs. 8, 25,000/- to Rs.85, 000/- has been made for
victims of acid attacks, depending upon degree of burns.
- To enable timely commencement of prosecution,
investigation of the case and filing of the charge sheet in the court has
to be done within sixty days.
A Committee
under the Chairpersonship of Union Minister for Social Justice and Empowerment
with members from Ministries of Home Affairs, Tribal Affairs, Law and Justice,
Department of Justice, National Commission for Scheduled Castes, National Commission
for Scheduled Tribes and three non-official members( two amongst SCs and one
amongst SC) was set up in the year 2006 on a recommendation of the Parliament
Committee, to devise ways and means to curb offences of atrocities and ensure
effective administration Acts of Parliament namely the Protection of Civil
Rights{PCR} Act, 1955 and the Scheduled Castes and the Scheduled
Tribes(Prevention of Atrocities){PoA} Act, 1989.
Present composition
of the Committee constituted for effective coordination to devise ways and
means to curb offences of untouchability and atrocities against members of SCs
and STs and effective implementation of the PCR and PoA Acts.
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1
|
Minister for Social Justice and
Empowerment
|
Chairperson
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2
|
Minister of Tribal Affairs
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Co-Chairperson
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3
|
Minister for State for Social Justice
and Empowerment
|
Special Invitee
|
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4
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Minister for State for Tribal Affairs
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Special Invitee
|
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5
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Secretary, Ministry of Social Justice
and Empowerment
|
Member
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6
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Secretary, Ministry of Home Affairs
|
Member
|
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7
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Secretary, Department of Justice,
Ministry of Law and Justice
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Member
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8
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Secretary, Ministry of Tribal Affairs
|
Member
|
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9
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Secretary, National Commission for
Scheduled Castes
|
Member
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10
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Secretary, National Commission for
Scheduled Tribes
|
Member
|
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11
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Joint Secretary, Ministry of Home
Affairs (In charge of National Crime Records Bureau)
|
Member
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12
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Two non-official representatives from
amongst Scheduled Castes
|
Member
|
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13
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One non-official representative from
amongst Scheduled Tribes
|
Member
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14
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Joint Secretary (SCD), Ministry of
Social Justice and Empowerment
|
Member-Secretary
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