Lok Sabha Question No. 149 (STARRED), answered on 2019-02-13
Subject: Special Courts for SCs and STs
Ministry: LAW AND JUSTICE
Asked by: Begum Tabassum Hasan

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## STARRED QUESTION NO.149

## TO BE ANSWERED ON WEDNESDAY, THE 13 TH  FEBRUARY, 2019

Special Courts for SCs and STs

## †*149. SHRIMATI TABASSUM BEGUM:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) the  total  number  of  special  courts  set  up  throughout  the  country  for hearing cases registered under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, as amended in the year 2016;
- (b) the number of cases disposed of within a period of sixty days along with the number of cases lying pending till date; and
- (c) the steps being taken/proposed to be taken by the Government to prevent the atrocities taking place against the persons belonging to the Scheduled Castes (SCs) and the Scheduled Tribes (STs) and to provide them speedy justice?

## ANSWER

## MINISTER OF LAW & JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a) to (c): A statement is laid on the Table of the House.

## POSITION NO.9

## STATEMENT REFERRED TO IN  REPLY  TO  PARTS  (a)  to  (c)  OF  THE  LOK SABHA  STARRED  QUESTION  NO.149  TO  BE  ANSWERED  ON  THE  13 TH FEBRUARY, 2019 REGARDING SPECIAL COURTS FOR SCs AND STs

(a): The constitution of Special Courts for Scheduled Castes (SCs) and Scheduled Tribes (STs) and their functioning/monitoring falls within the domain of the State and Union Territory Governments, who set up such courts as per their need and resources, in  consultation  with  the  High  Courts  in  accordance  with  Section  14  of  the  'The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) (PoA) Amendment Act,  2015',  the  Gazette  Notification  of  which  was  published  on  01.01.2016.  State Governments and Union Territory Administrations either establish Exclusive Special Courts for one or more districts or designate for such districts where less number of cases under this Act are recorded, the Court of Session to be a Special Court to try offences  under  the  Act.  As  per  the  available  information,  a  majority  of  State Governments and Union Territory Administrations have designated District Session Courts  as  Special  Courts.  Further  as  per  available  information  for  ensuring  speedy trial of cases under the PoA Act, 157 Exclusive Special Courts, have also been set up by  twelve  States  [Andhra  Pradesh(01),  Bihar(05),  Chhattisgarh(03),  Gujarat(16), Jharkhand(04),  Karnataka(08),  Madhya  Pradesh(43),  Maharashtra(03),  Odisha(03), Rajasthan(25), Tamil Nadu(06) and Uttar Pradesh(40)].

(b): As  per  information  received  from  the  High  Courts,  total  number  of  Special Courts  set  up  throughout  the  country  along  with  total  number  of  cases  disposed  of during  the  Calendar  Year  2018  and  lying  pending  in  such  Courts  as  on  31.12.2018 State/UT wise is provided as per Annexure.

(c) In  order  to  prevent  the  commission  of  offences  of  atrocities  against  the members of the SCs and the STs and to deliver greater justice to members of SCs and STs,  The Scheduled  Castes  and  the  Scheduled  Tribes  (Prevention  of  Atrocities) {PoA}  Act,  1989,  the  Scheduled  Castes  and  the  Scheduled  Tribes  (Prevention  of Atrocities)  {PoA} Amendment Act, 2015(No. 1 of 2016) and the Scheduled Castes and  the  Scheduled  Tribes  (Prevention  of  Atrocities)  Amendment  Act,  2018  were enacted. The provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) {PoA} Act, 1989 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities){PoA}Rules, 1995 are implemented by the respective State Governments  and  Union  Territory  Administrations  under  a    Centrally  Sponsored Scheme and admissible Central assistance is provided to them mainly for strengthening  of  the  enforcement  and  judicial  machinery.  During  the  year  2018-19, Central  assistance  of  Rs  389.44crore  has  been  released  to  the  concerned  State Governments and Union Territory Administrations.

## ANNEXURE

## INFORMATION ON TOTAL NO.OF SPECIAL COURTS SET UP, TOTAL NO. OF CASES DISPOSED OF DURING THE CALENDER YEAR 2018 AND TOTAL NO. OF CASES PENDING AS ON 31.12.2018

| Sl. No.   | Name of State/ Union Territory   | No. of Special Courts functional (as on 31.12.2018)   |   No. of cases disposed of during Calender Year 2018 |   No. of cases pending (as on 31.12.2018) |
|-----------|----------------------------------|-------------------------------------------------------|------------------------------------------------------|-------------------------------------------|
| 1.        | Andhra Pradesh                   | 13                                                    |                                                 3357 |                                      8121 |
| 2.        | Bihar                            | 37                                                    |                                                 2807 |                                     43778 |
| 3.        | Chhattisgarh                     | 23                                                    |                                                  686 |                                       990 |
| 4.        | Delhi                            | 11                                                    |                                                   42 |                                      3309 |
| 5.        | Goa                              | 2                                                     |                                                   10 |                                        27 |
| 6.        | Maharashtra                      | 173                                                   |                                                 1029 |                                      6248 |
| 7.        | Gujarat                          | 63                                                    |                                                 1369 |                                      4209 |
| 8.        | Haryana                          | 21                                                    |                                                  295 |                                       763 |
| 9.        | Punjab                           | 22                                                    |                                                  178 |                                       219 |
| 10.       | Chandigarh                       | 1                                                     |                                                    3 |                                         5 |
| 11.       | Himachal Pradesh                 | 0*                                                    |                                                   49 |                                       238 |
| 12.       | Jharkhand                        | 24                                                    |                                                  716 |                                      1838 |
| 13.       | Karnataka                        | 32                                                    |                                                 1108 |                                      5044 |
| 14.       | Kerala                           | 4                                                     |                                                  223 |                                       529 |
| 15.       | Madhya Pradesh                   | 50                                                    |                                                 5183 |                                     17790 |
| 16.       | Odisha                           | 94                                                    |                                                  965 |                                      9705 |
| 17.       | Rajasthan                        | 35                                                    |                                                31110 |                                     26348 |
| 18.       | Sikkim                           | 4                                                     |                                                    4 |                                         2 |
| 19.       | Tamil Nadu                       | 6                                                     |                                                  515 |                                      1353 |
| 20.       | Tripura                          | 9                                                     |                                                    3 |                                         1 |
| 21.       | Uttar Pradesh                    | 40                                                    |                                                 8796 |                                     66733 |
| 22.       | Uttarakhand                      | 13                                                    |                                                   71 |                                       248 |
| 23.       | West Bengal                      | 0**                                                   |                                                   81 |                                       604 |
| 24.       | Telengana                        | 10                                                    |                                                  709 |                                      3877 |
| 25.       | Daman& Diu                       | 1                                                     |                                                    0 |                                         1 |
| 26.       | Dadra &Nagar Haveli              | 1                                                     |                                                    0 |                                         8 |
| Total     | Total                            | 689                                                   |                                                59309 |                                    201988 |

- **In West Bengal every 1 st  Court of Additional District & Sessions Judge in headquarters of each district judgeship has been designated to act as Special Court to try cases under the  Act  except  the  district  of  Malda  where  the  Court  of  District  &  Sessions  Judge  is designated  for  the  same  vide  Govt.  of  West  Bengal  Notification  No.  2974-J  dated 15.02.1990