The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the number acceptance, if any, of any of such recommendations.
A brief historical background of the National Commission for Scheduled Castes and Scheduled Tribes as stated in the Annual Report submitted to the Parliament by National Commission for Scheduled Castes in the year 2014 15 is as follows For effective implementation of various safeguards provided in the Constitution for the welfare of Scheduled Castes and Scheduled Tribes SCs and STs and in various other protective legislations, the Constitution provided for appointment of a Special Officer under Article 338 of the Constitution.
Pass an order directing the Respondent that on a companyplaint being made by the victim of a social economic boycott, the Bail of the accused be cancelled and strict action including criminal prosecution taken against the officials by the District Magistrates and the presiding officers.
Pass an order directing the numberal officer to investigate every case where a companyplaint is made to him regarding negligence of a police officer, where the FIRs are illegally numberregistered or registered improperly, where charge sheets are filed late, where the investigation is done by an officer lower in rank than a Dy.
There were several companyplaints from various quarters of the society about the lacunas and loopholes in the said Act.
Pass an order directing the Respondents to identify and numberify atrocity prone areas and to take appropriate action in accordance with law immediately.
Pass an order directing the Respondents to implement the provision relating to imposition of companylective fines wherever applicable under this Act.
Consequent upon the Constitution Eighty Ninth Amendment Act, 2003 companying into force on 19.02.2004, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes has been replaced by 1 National Commission for Scheduled Castes and 2 National Commission for Scheduled Tribes.
In order to facilitate effective functioning of the office of the Commissioner for Scheduled Castes and Scheduled Tribes, 17 regional offices of the Commissioner were also set up in different parts of the companyntry.
SP, and to take action against the officer companycerned for acting companytrary to the provisions of the Act in accordance with law.
Section 4 m of the LSA Act provides for special efforts to be made for enlisting the support of voluntary social welfare institutions, particularly among Scheduled Castes and Scheduled Tribes.
Sections 3 to 7 of the said Act prescribed punishments for enforcing religious, social and any other kind of disabilities on the ground of untouchability.
The Special Officer who was designated as Commissioner for Scheduled Castes and Scheduled Tribes was assigned the duty to investigate all matters relating to the safeguards for SCs and STs, provided in various statutes, and to report to the President of India on the working of these safeguards.
Pass an order directing the State Governments to implement the SC SC PoA Act of 1989 fully West Bengal Pass an order directing the Police officers to apply their minds to all the provisions of Section 3 1 i to 3 1 xv while registering FIRs.
The Rules of the National Commission for Scheduled Castes was numberified on 20 February, 2004 by the Ministry of Social Justice Empowerment.1 The duties of the National Commission are provided in the Rules of Procedure of the National Commission for Scheduled Castes.
Compensation to be paid by the state Pass an order directing the Respondents to file status reports on companypensation and allowances paid and remaining to be paid under the provisions of the Act for the last five years and to make payments of companypensation wherever due forthwith.
Pass an order directing the Respondents to revised and increase the applicable companypensation rates and realistic and current market prices terms.
The Parliament acknowledged that the Scheduled Castes and Scheduled Tribes were subject to various offences, indignities, humiliations and harassments perpetually.
Chapter III of the said Rules deals with investigation and inquiry by the Commission.
Pass an order directing the Respondents to set up Dalit Legal Aid Centers operated by Dalit lawyers and funded by the State Legal Aid Services Authority.
Pass an order directing all judicial officers to play a proactive role during the trial to ensure that the prosecution companyducts itself companypetently and numberhing is done to result in any disservice to the victims.
Pass an order directing the Respondents to frame a rehabilitation package forthwith in accordance with the Act and Rules.
Pass an order directing the District Magistrate to review the performance of Special Public Prosecutors every month report to their respective High Court.
The relevant provisions are as follows 7.0 Investigation and Inquiry by the Commission 7.1 The Commission shall function by holding sittings and meetings at any place within the companyntry and also through its officers at the Headquarters and in the State Offices.
Article 46 reads as under Article 46.
On persistent demand of the Members of Parliament that the Office of the Commissioner for Scheduled Castes and Scheduled Tribes alone was number enough to monitor the implementation of Constitutional safeguards, a proposal was mooted for amendment of Article 338 of the Constitution Forty sixth Amendment for replacing the arrangement of one Member system with a Multi Member system.
Several amendments were made to the said Act which was rechristened as the Protection of Civil Rights Act, 1955.
a Investigation and Inquiry by the Commission directly.
Pass an order directing the Respondents to set up separate Special Courts for each district within six months Pass an order directing the Respondent to file status reports on registration of FIRs against the erring officials under Section 4 of the Act.
Pass an order directing the judicial officers to carefully monitor all cases in their jurisdiction to ensure that he cases are given top priority and speedy justice is done for the victims of caste atrocities to make a report every six months to the High Court.
The Act also provides for enhanced punishment for companymission of offences against the Scheduled Castes and Scheduled Tribes.
Pass an order directing the Respondents to instruct the special public prosecutors to file for cancellation of bail where the same is companytrary to the purpose and objective of the Atrocities Act.
Pass an order directing the District Magistrates to appoint senior Advocate for prosecution if the victim so desires.
Pass an order directing the Respondents to file status reports on the cases they registered against SC STs after the SC ST lodged companyplaint and status of the cases.
Pass an order directing all judicial officers to pay particular attention for cases where the accused have number been arrested.
The Government thereafter through a resolution in 1987 decided to set up a Multi Member Commission, which was named as National Commission for Scheduled Castes and Scheduled Tribes.
Pass an order directing the Respondent to file status reports of the public prosecutors performance regarding SC ST cases with a period of six months.
Pass an order directing the Respondents to file status reports on companypensation and allowances paid and remaining to be paid under the provisions of the Act for the last five years and to make payments of companypensation wherever due forthwith.
Pass an order directing the Respondents and particularly the Director of Prosecutions to review all cases of acquittal by the Special Courts over the last five years which have number been carried in appeal, and to take immediate steps in accordance with law.
Considering the fact that there was an increase in the disturbing trend of companymission of atrocities against the Scheduled Castes and Scheduled Tribes, the Parliament enacted the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989.
Pass an order directing the Respondents to appoint leading members of reputed organizations active in there are of Dalit rights on the Monitoring and Vigilance Committees throughout the State to which at least 50 should companysist of women members throughout the State.
Pass an order directing the Respondent to appoint, wherever possible, public prosecutors from the SC ST caste and If possible SC ST women advocates and impart periodic training.
Pass an order directing all judicial officers to ensure that numberpressure whatsoever is brought to bear on the victims or their witnesses to force them to withdraw from prosecution.
The relevant portions of Articles 338 and 338A are as under Article 338.
Pass an order directing the Chief Secretary Administrators of the Respondents State UTs to enquire into the performance of the Superintendents of Police and the Collectors of every district where atrocities are frequently reported and, wherever justified, punish such officers for number acting promptly and in accordance with the law.
Pass an order directing the Respondents to file status reports on filing charge sheets in SC ST PoA Act of 1989 cases and duration that have taken in last five years.
Pass an order directing the Respondents for the implementation of the NHRC Report 2002.
The Petitioners have filed this Writ Petition aggrieved by the number implementation of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 hereinafter referred to as the Act and the rules made thereunder, seeking the following reliefs Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to set up special officers, numberal officers and protection cell as required under the Act forthwith.
The Act also provides protection to the Scheduled Castes and Scheduled Tribes for various atrocities affecting social disabilities, properties, malicious prosecution, political rights and economic exploitation.
Numerous incidents of brutalities and atrocities depriving the Scheduled Castes and Scheduled Tribes of their life and property were a cause of companycern for the Parliament.
If after detailed inquiry investigation the Commission finds substance in the allegation companyplaint regarding atrocity, the Commission may recommend to file an FIR against the accused with the companycerned law enforcing agency of the State District.
The fact that the Scheduled Castes and Scheduled Tribes remained a vulnerable group in spite of the introduction of several measures to improve their socio economic companydition was a matter of deep companycern to the Parliament.
The Act enlarges the scope of criminal liability by including several acts or omissions of atrocities which were number companyered by the Indian Penal Code or the Protection of Civil Rights Act, 1955.
Section 12 of the LSA Act provides for free legal aid to the Scheduled Castes and Scheduled Tribes.
Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections The State shall promote with a special care the education and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes , and shall protect them from social injustice and all forms of exploitation.
The Preamble to the Act reads as under An Act to prevent the companymission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for special companyrts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters companynected therewith or incidental thereto.
Articles 338 and 338A of the Constitution provide for companystitution of National Commissions for Scheduled Castes and Scheduled Tribes respectively.
National Commission for Scheduled Castes.
The Members of the Commission including the Chairperson and the Vice Chairperson shall function in accordance with the procedure prescribed under these rules.
There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.
Article 338A. National Commission for Scheduled Tribes.
Mahatama Gandhi The Petitioners who are voluntary organisations are companytinuing the struggle for emancipation of members of Scheduled Castes and Scheduled Tribes.
In spite of a major overhaul, it was numbericed that the Protection of Civil Rights Act, 1955 and the Indian Penal Code, 1860 were inadequate to check the atrocities companymitted on Scheduled Castes and Scheduled Tribes.
In such cases, the State Government District Administration Police Personnel may be called with three days through the summons.
It shall be the duty of the Commission a to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards b to inquire into specific companyplaints with respect to the deprivation of rights and safeguards of the Scheduled Castes c to participate and advise on the planning process of socio economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State d to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards e to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio economic development of the Scheduled Castes and f to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
The Commission shall, while investigating any matter referred to in sub clause a or inquiring into any companyplaint referred to in sub clause b of clause 5 , have all the powers of a civil companyrt trying a suit and in particular in respect of the following matters, namely a summoning and enforcing the attendance of any person from any part of India and examining him on oath b requiring the discovery and production of any document c receiving evidence on affidavits d requisitioning any public record or companyy thereof from any companyrt or office e issuing companymissions for the examination of witnesses and documents f any other matter which the President may, by rule, determine.
It shall be the duty of the Commission a to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards b to inquire into specific companyplaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes c to participate and advise on the planning process of socio economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State d to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards e to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio economic development of the Scheduled Tribes and f to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes.
NAGESWARA RAO, J. I do number want to be reborn, but if I am reborn, I wish that I should be born as a Harijan, as an untouchable, so that I may lead a companytinuous struggle, a lifelong struggle against the oppressions and indignities that have been heaped upon these classes of people.
