Lok Sabha Question No. 733 (UNSTARRED), answered on 2017-02-07
Subject: SC/ST (Prevention of Atrocities) Act, 1989
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: ASHOK MAHADEORAO NETE

## GOVERNMENT OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT LOK SABHA

UNSTARRED QUESTION NO. † 733 TO BE ANSWERED ON 07.02.2017

## SC/ST (PREVENTION OF ATROCITIES) ACT, 1989

## †733. SHRI ASHOK MAHADEORA NETE:

## Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:

(a) whether the Government has taken or proposes to take any steps to ensure strict complia Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Prote ction of Civil Rights  Act,  1955  by  making  it  more  effective  and  fixing  the  responsibility  of  concerned  D Magistrates  and  Police  Commissioners  in  major  cases  of  harassment,  genocide  or  damages properties of persons belonging to the said communitie s; and

(b) if so, the details thereof?

## ANSWER

## MINISTER OF STATE FO R SOCIAL JUSTICE AND EMPOWERMENT (SHRI VIJAY SAMPLA)

(a) & (b): - With an objective to deliver members of SCs and STs, a greater justice, the Sch Caste and the Scheduled Tribes (Preventio n of Atrocities){PoA} Act, 1989 has been amended by  the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (No 2016),  and enforced with effect from 26.01.2016. The amendments done in the PoA Act broadly r o rephrasing and expansion of some of earlier offences,  addition of several new offences ,estab Special Exclusive Special Courts for speedy disposal of cases, power of Special Courts and Special Courts to take direct cognizance of off ences and as far as possible, completion of trial of the within  two  months,  from  the  date  of  filing  of  the  charge  sheet,  addition  of  chapter  on  the  'Rights  of Victims and Witnesses' and elaboration of  duties to be performed by a public servant under the PoA Act.

Sub- rule(3)  of  Rule  7  of  the  Scheduled  Castes  and  the  Scheduled  Tribes  (Preventi Atrocities){PoA }  Rules,  1995  also,  inter - alia,  specifies  that  the  Director  General  of  Police  or Commissioner of Police in - charge  of  the  concerned State/Union Territory  shall review by the e every quarter the position of all investigations done by the investigat ing officer. Further, sub - rule(4) of Rule 12 of the PoA Rules specifies that the District Magistrate etc, shall make necessary ad and other arrangements and provide relief in cash or in kind or both within seven days to th atrocity, their  family  members  and  dependents  and  sub - rule(4A)  further  specifies  that  for  immediate withdrawal of money from the treasury so as to timely provide the relief amount , the conce Government/  Union  territory  Administration  may  provide  necessar y  authorisation  and  powers  to  the District Magistrate.

Since 'Police' and 'Public Order' are State subjects under the Seventh Schedule (List - II) to the Constitution of India, the State Governments/Union Territory Administrations are primarily re for prevention, detection, registration, investigation and prosecution of crimes within thei including  crimes  against  members  of  Scheduled  Castes(SCs)  and  Scheduled  Tribes(STs),  as  al implementation  of  the  Protection  of  Civil  Rights{PCR }  Act,  1955  and  the  Scheduled  Caste  and  the Scheduled Tribes (Prevention of Atrocities){PoA} Act, 1989. However, the Central Government time to time advises the State Governments/ Union Territory Administrations to implement provi the  two  Acts in  letter  and  spirit  and  also  provides  Central  assistance  to  them  towards implementation of the two Acts.