Lok Sabha Question No. 1680 (UNSTARRED), answered on 2018-03-06
Subject: Protection of Civil Rights Act
Ministry: HOME AFFAIRS
Asked by: ASHOK MAHADEORAO NETE

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1680

TO BE ANSWERED ON THE 06 TH  MARCH, 2018/ PHALGUNA 15, 1939 (SAKA) PROTECTION OF CIVIL RIGHTS ACT

1680. SHRI ASHOK MAHADEORAO NETE:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  whether  the  Government  has  taken  or  proposes  to  take  any  steps  to implement  the  laws  more  effectively  after  strengthening  the  Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Protection  of  Civil  Rights  (Act)  and  to  fix  the  responsibility  on  the  District Magistrate and the Superintendent of Police in major cases of atrocities in which a large  number  of  people  belonging  to  these  communities  are  killed and their properties have been damaged; and

(b) if so, the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAM GANGARAM AHIR)

(a) & (b): The Protection of Civil Rights(PCR) Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) {PoA} Act, 1989, have provisions to prevent the commission of offences of atrocities against the  Scheduled  Castes(SCs)  and  the  Scheduled  Tribes(STs),  provide  for Special Courts  for the trial of such  offences  and  for the relief  and rehabilitation of the victims of such offences, and enforce Article 17 of the Constitution of India which abolished 'untouchability'.

With  an  objective  to  deliver  greater  justice  to  the  Scheduled  Castes  and Scheduled Tribes, the PoA Act has been amended by the Scheduled Castes and  the Scheduled  Tribes (Prevention  of  Atrocities)  Amendment Act, 2015

## LS.US.Q.No.1680 FOR 06.03.2018

(No.1 of 2016), and enforced with effect from 26.01.2016. As per section 9 of PoA Act,  an  offence  committed  under  this  Act  shall  be  investigated  by  a  police officer not below the rank of a Deputy Superintendent of Police/Assistant Commissioner of Police.

In exercise of powers conferred by section 23(1) of the PoA Act, the Central Government made the Scheduled Castes and the Scheduled Tribes (Prevention  of  Atrocities)  {PoA}  Rules,  1995,  which,  inter-alia,  provide  for admissible  relief  amount  to  atrocity  victims.  These  Rules  have  been  last amended  on  14.04.2016,  inter-alia,  enhancing  the  relief  amount  from  Rs. 85,000/- upto 8,25,000/-, depending upon the nature of offences.

Rule  3,  Rule  12  and  Rule  14  of  the  PoA  Rules  specifically  relate  to 'Precautionary and Preventive Measures' to be taken by the State Government,  measures  to  be  taken  by  the  District  Administration  and Specific Responsibility of the State Government, respectively.

Since  'Police'  and  'Public  Order'  are  State  subjects  under  the  Seventh Schedule (List-II) to the Constitution of India, the concerned State Governments/Union  Territory  Administrations  are  primarily  responsible  for implementation  of  the  PCR  Act  and  the  PoA  Act.  However,  the  Central Government  from  time  to  time  advises  the  State  Governments/  Union Territory  Administrations to effectively implement provisions of the PCR and

## LS.US.Q.No.1680 FOR 06.03.2018

the  PoA  Acts  and  the  PoA  Rules,  with  emphasis  on  sensitization  of  police and other concerned officers towards provisions of the PCR and the PoA Act and the PoA Rules, as amended. Central assistance is also provided to the State Governments/ Union Territory Administrations towards effective implementation of these two Acts, under the Centrally Sponsored Scheme for implementation of the Protection of Civil Rights Act, 1955 and the Scheduled Castes  and  the  Scheduled  Tribes  (Prevention  of  Atrocities)  Act,  1989.  A Committee under the Chairpersonship of Union Minster for Social Justice and Empowerment also from time to time reviews implementation status of the PoA Act in States and Union Territories.

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