Lok Sabha Question No. 1330 (UNSTARRED), answered on 2018-12-18
Subject: Crime against SCs/STs
Ministry: HOME AFFAIRS
Asked by: JYOTIRADITYA MADHAVRAO SCINDIA, KAMAL NATH

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1330

TO BE ANSWERED ON THE 18 TH  DECEMBER, 2018/ AGRAHAYANA 27, 1940 (SAKA)

CRIME AGAINST SCs/STs

1330.     SHRI JYOTIRADITYA M. SCINDIA: SHRI KAMAL NATH:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether the Government is aware that crime rates against Dalits and Adivasis  population  in  Madhya  Pradesh  is  the  highest  in  comparison  to other States across the country;
- (b)  if  so,  the  details  of  crime  against  Dalits  and  Adivasis  reported  in Madhya Pradesh during the last three years and the action taken by the Government/State Government in this regard;
- (c)  whether  the  Union  Government  is  also  aware  that  crimes  against women including assault, rape and sexual harassment have also increased in Madhya Pradesh in the past few years; and
- (d) if so, the role played by the Union Government in checking such crimes against women, SCs/STs and adivasis?

## ANSWER

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

(a) & (b): The crime rate across the States varies from year to year. As per the latest available information published by National Crime Records Bureau (NCRB), crime rate and cases registered under total crime/atrocities  against  Scheduled  Castes  (SCs)  and  Scheduled  Tribes (STs) during 2014 to 2016 in Madhya Pradesh are as below:-

## L.S.US.Q.NO.1330 FOR 18.12.2018

| Year   | Crime rate in Madhya Pradesh under crime against   | Crime rate in Madhya Pradesh under crime against   | Cases registered in Madhya Pradesh under crime against   | Cases registered in Madhya Pradesh under crime against   |
|--------|----------------------------------------------------|----------------------------------------------------|----------------------------------------------------------|----------------------------------------------------------|
|        | Scheduled Castes                                   | Scheduled Tribes                                   | Scheduled Castes                                         | Scheduled Tribes                                         |
| 2014   | 29.0                                               | 10.3                                               | 3294                                                     | 1577                                                     |
| 2015   | 31.3                                               | 8.9                                                | 3546                                                     | 1358                                                     |
| 2016   | 43.4                                               | 11.9                                               | 4922                                                     | 1823                                                     |

The Govt. of Madhya Pradesh has stated that for combating crimes against Dalits  and  Adivasis,  Special  Police  Stations  have  been  established  in  51 districts  out  of  52  districts  of  the  State.  Similarly  43  Exclusive  Special Courts have been established and 7 Session Courts have been specified as Special Courts by the State Government.

(c) & (d): The number of cases registered in the State of Madhya Pradesh under Rape, Assault on Women with intent to Outrage her Modesty (Sec. 354 IPC) and Sexual Harassment (Sec. 354A IPC) during 2014-2016 are as below:

| Year   | Cases registered in the State of Madhya Pradesh under   | Cases registered in the State of Madhya Pradesh under              | Cases registered in the State of Madhya Pradesh under   |
|--------|---------------------------------------------------------|--------------------------------------------------------------------|---------------------------------------------------------|
|        | Rape                                                    | Assault on Women with intent to Outrage her Modesty (Sec. 354 IPC) | Sexual Harassment (Sec. 354A IPC)                       |
| 2014   | 5076                                                    | 9609                                                               | 3163                                                    |
| 2015   | 4391                                                    | 8049                                                               | 2559                                                    |
| 2016   | 4882                                                    | 8717                                                               | 3128                                                    |

The data shows a mixed trend.

Further,  'Police'  and  'Public  Order'  are  State  subjects  under  the  Seventh Schedule to the Constitution of India. The responsibilities to maintain law and order, protection of life and property of the citizens rest primarily with the respective State Governments. The State Governments are competent to deal with such offences under the extant provisions of laws. However, the  Government  is  committed  to  ensure  protection  of  Scheduled  Castes and  Scheduled  Tribes.  The  Scheduled  Castes  and  the  Scheduled  Tribes (Prevention of Atrocities) Act, 1989 (PoA Act) has been amended in 2015 to make it more effective. The amendments include new offences, expanded scope of presumptions, institutional strengthening, which inter-alia includes  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 within two months from the date of filing of the charge sheet, establishing rights of victims and witnesses, and strengthening preventive measures. Further, Section 18 Of the Act, the PoA Act was amended by the Scheduled Castes and the Scheduled Tribes (Prevention  of  Atrocities)  Amendment  Act,  2018  (No.  27  of  2018)  and enforced  on  20.08.2018,  and now conduct of a preliminary enquiry before

## L.S.US.Q.NO.1330 FOR 18.12.2018

registration of an FIR, or to seek approval of any authority prior to arrest of an accused, is no longer required. The Ministry of Home Affairs has issued an advisory dated 26.09.2018 requesting all States/UTs for the implementation of these provisions in letter and spirit.

Several measures have been taken for enhancing the safety of women and children. The Criminal Law (Amendment) Act, 2018, provides for enhanced punishment for crimes such as rape including provision of death penalty for the offence of rape on women below 12 years; completion of investigation, filing  of  charge  sheet  and  trial  in  rape  cases  in  2  months  and  appeals against  conviction  or  acquittal  to  be  disposed  of  within  6  months.  The other  steps  taken  in  this  regard  include  modernization  and  capacity building of forensic labs for faciliting timely investigation, development of a  National  Database  on  Sexual  Offenders  to  facilitate  investigation  and tracking of Sexual Offenders across the country, a project for developing an  Emergency  Response  Support  System  based  on  a  Pan-India  24x7 Helpline Number 112 and a scheme for setting up One Stop Centre in every district across the country.

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