Lok Sabha Question No. 2218 (UNSTARRED), answered on 2016-11-29
Subject: Misuse of SC/ST Act
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: BHAIRON PRASAD MISHRA

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

UNSTARRED QUESTION NO. †2218 TO BE ANSWERED ON 29.11.2016

## MISUSE OF SC/ST ACT

## †2218. SHRI BHAIRON PRASAD MISHRA:

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

- (a) the number of complaints received by the Government regarding misuse of the SC/ (Prevention of Atrocities) Act during last three years and the current year, Statewise;

( b) the action taken by the Government thereon?

## ANSWER

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

- (a):  Responsibility  for  implementation  to  the  Scheduled  Castes  and  the  Scheduled  Tr (Prevention of Atrocities){PoA} Act, 1989, l ies primarily with State Governments and Union Territory Administrations. At the Central level, as per the Government of India (Alloca Business)  Rules,  1961.  Inter -alia,  the  subject  matter  of  offences  under  the  PoA Act  is allocated to the Ministry of Home Affairs (MHA). Accordingly the calendar year wise d pertaining to the PoA Act is provided by the National Crime Records Bureau (NCRB), MHA. In the data provided by the NCRB, 9253, 9704 and 8900 cases for the yea rs 2013, 2014 and 2015 respectively, under the PoA Act in conjunction with the IPC, were under the cate 'cases found false/mistake of fact or law'. The State/UT wise information in this regard is given in the statement annexed. Since the year 2016 is in continuation, reporting of similar data for the year by the NCRB has not yet become due.
- (b): For dealing with specific false cases, relevant section s of the IPC can be invoked by the concerned agencies.

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Statement in answer to part (a) and (b) of the Lok Sabha Unstarred Question No. 2218  for  29.11.2016,  regarding 'Misuse  of  SC/ST  Act'  by Shri  Bhairon  Prasad Mishra:

Number of cases found 'false/mistake of fact or law', under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) [PoA] Act, 1989, during the years 2013, 2014 and 2015  as reported by the National Crime Records Bureau, Ministry of Home Affairs.

| Sr. No.   | State/UT         | Number of cases found 'false/mistake of fact or law' under the PoA Act, 1989, during the years:   |   Number of cases found 'false/mistake of fact or law' under the PoA Act, 1989, during the years: |   Number of cases found 'false/mistake of fact or law' under the PoA Act, 1989, during the years: |
|-----------|------------------|---------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------|
|           |                  | 2013                                                                                              |                                                                                              2014 |                                                                                              2015 |
| 1.        | Andhra Pradesh   | 1511                                                                                              |                                                                                               957 |                                                                                              1099 |
| 2.        | Assam            | 1                                                                                                 |                                                                                                 0 |                                                                                                 0 |
| 3         | Bihar            | 686                                                                                               |                                                                                               670 |                                                                                               664 |
| 4.        | Chhattisgarh     | 0                                                                                                 |                                                                                                 1 |                                                                                                 2 |
| 5.        | Goa              | 1                                                                                                 |                                                                                                 3 |                                                                                                 1 |
| 6.        | Gujarat          | 17                                                                                                |                                                                                                44 |                                                                                                35 |
| 7.        | Haryana          | 123                                                                                               |                                                                                               117 |                                                                                               116 |
| 8.        | Himachal Pradesh | 35                                                                                                |                                                                                                39 |                                                                                                36 |
| 9.        | Jharkhand        | 84                                                                                                |                                                                                               280 |                                                                                               147 |
| 10.       | Karnataka        | 367                                                                                               |                                                                                               437 |                                                                                               255 |
| 11.       | Kerala           | 272                                                                                               |                                                                                               233 |                                                                                               205 |
| 12.       | Madhya Pradesh   | 25                                                                                                |                                                                                                59 |                                                                                                43 |
| 13.       | Maharashtra      | 189                                                                                               |                                                                                               219 |                                                                                               192 |
| 14.       | Meghalaya        | 0                                                                                                 |                                                                                                 0 |                                                                                                 1 |
| 15.       | Mizoram          | 0                                                                                                 |                                                                                                 1 |                                                                                                 0 |
| 16.       | Odisha           | 600                                                                                               |                                                                                               436 |                                                                                               304 |
| 17.       | Punjab           | 37                                                                                                |                                                                                                33 |                                                                                                39 |
| 18.       | Rajasthan        | 4416                                                                                              |                                                                                              5018 |                                                                                              4517 |
| 19.       | Tamil Nadu       | 400                                                                                               |                                                                                               281 |                                                                                               365 |
| 20.       | Telangana        | - (The State was created on June 2, 2014)                                                         |                                                                                               398 |                                                                                               477 |
| 21.       | Tripura          | 0                                                                                                 |                                                                                                 0 |                                                                                                 1 |
| 22.       | Uttar Pradesh    | 477                                                                                               |                                                                                               466 |                                                                                               400 |
| 23.       | Uttarakhand      | 3                                                                                                 |                                                                                                 5 |                                                                                                 0 |
| 24.       | West Bengal      | 1                                                                                                 |                                                                                                 6 |                                                                                                 0 |
| 25.       | Chandigarh       | 0                                                                                                 |                                                                                                 1 |                                                                                                 0 |
| 26.       | Delhi            | 8                                                                                                 |                                                                                                 0 |                                                                                                 1 |
|           | Total            | 9253                                                                                              |                                                                                              9704 |                                                                                              8900 |

Note:The PoA Act does not extend to the State of Jammu and Kashmir.