Lok Sabha Question No. 290 (UNSTARRED), answered on 2019-11-19
Subject: SCs and STs (Prevention of Atrocities) Act, 1989
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: Suresh Kodikunnil

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

UNSTARRED QUESTION NO. 290 TO BE ANSWERED ON 19.11.2019

## SCs AND STs (PREVENTION OF ATROCITIES) ACT, 1989

## 290. SHRI KODIKUNNIL SURESH:

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

(a) whether the Government has any proposal to amend the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act; 1989 as per the Supreme Court verdict;

- (b) if so, the details and status thereof;
- (c) whether the Government has taken any decision to withdraw the dilution of SCIST Act as per SC verdict;
- (d) if so. the details thereof and the action taken by the Government in this regard;
- (e) whether the Government has the data on the number of death cases reported under SCIST Atrocities Act from various States; and
- if the details thereof alongwith the reported cases during the last five years, State-wise?

## ANSWER

## MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT (SHRI RAMDAS ATHAWALE)

(a) to (d): The Judgment dated 20.03.2018 of the Hon"ble Supreme Court in Criminal Appeal No. 416 of 2018 (Dr. Subhash Kashinath Mahajan) Vs the State of Maharashtra and Another; arising out of Special Leave Petition (Crl.) No 5661 of 2017, had bearing 0 the vires of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) {PoA} Act; 1989.

To reinforce and instil   deterrence; the PoA Act   has been further amended  by the Scheduled Castes and Scheduled Tribes Prevention of Atrocities) Amendment Act, 2018, and

"18A. For the purposes of this Act:

preliminary enquiry shall not be required for registration of a First Information Report against any person; or the investigating officer shall not require approval for the arrest; if necessary, of any person; against whom an accusation of having committed an offence under this Act has been made and no procedure other than that provided under this Act or the Code shall apply.

The provisions of section 438 Code shall not   apply to a case under this Act, notwithstanding any judgment or order Or direction of any Court '

The Scheduled Castes and the Scheduled Tribes Prevention of Atrocities) Amendment Act. 2018. was notified in the Gazette of India, Extraordinary on 17.08.2018 and enforced o 20.08.2018.

(e) & (f): The data in   regard cases registered under the PoA Act; 1989 in conjunction with the IPC is generated and provided by the National Crime Records Bureau (NCRB); Ministry of' Home Affairs. However; the data on the number of death cases W/s 302 IPC as reported in Crime in India' is enclosed in Annexure:

Statement in answer to part (e) and (f) of the Lok Sabha Unstarred question No. 290 for 19.11.2019 by Shri Kodikunnil Suresh regarding "SC and ST (Prevention of Atrocities) Act, 1989.

Number of cases Of murder (Uls 302 IPC) registered relating to Scheduled Castes and Scheduled Tribes under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in conjunction with the IPC, during the year 2013,2014,2015,2016 and 2017.

| No.   | States/UT         | Cases of murder (Uls 302 IPC) registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act; 1989, in conjunction with the IPC during the years:   | Cases of murder (Uls 302 IPC) registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act; 1989, in conjunction with the IPC during the years:   | Cases of murder (Uls 302 IPC) registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act; 1989, in conjunction with the IPC during the years:   | Cases of murder (Uls 302 IPC) registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act; 1989, in conjunction with the IPC during the years:   |
|-------|-------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| No.   | States/UT         | 2013                                                                                                                                                                               | 2014                                                                                                                                                                               | 2015 2016                                                                                                                                                                          | 2017                                                                                                                                                                               |
| 1.    | Andhra Pradesh    | 62                                                                                                                                                                                 | 39 27                                                                                                                                                                              | 33                                                                                                                                                                                 | 37                                                                                                                                                                                 |
| 2     | Arunachal Pradesh | 0                                                                                                                                                                                  | 0                                                                                                                                                                                  | 0                                                                                                                                                                                  |                                                                                                                                                                                    |
| 3_    | Assam             | 0                                                                                                                                                                                  | 0 0                                                                                                                                                                                | 0                                                                                                                                                                                  |                                                                                                                                                                                    |
| 4     | Bihar             | 52                                                                                                                                                                                 | 56 78                                                                                                                                                                              | 54                                                                                                                                                                                 |                                                                                                                                                                                    |
| 5_    | Chhattisgarh      | 14                                                                                                                                                                                 | 17 12                                                                                                                                                                              |                                                                                                                                                                                    |                                                                                                                                                                                    |
| 6_    | Goa               | 0 0                                                                                                                                                                                | 0                                                                                                                                                                                  | 0                                                                                                                                                                                  | 0                                                                                                                                                                                  |
| 7,    | Gujarat           | 37 34                                                                                                                                                                              | 30                                                                                                                                                                                 | 47                                                                                                                                                                                 | 38                                                                                                                                                                                 |
| 8_    | Haryana           | 22 21                                                                                                                                                                              | 22                                                                                                                                                                                 | 34                                                                                                                                                                                 | 31                                                                                                                                                                                 |
| 9     | Himachal Pradesh  |                                                                                                                                                                                    | 0                                                                                                                                                                                  |                                                                                                                                                                                    |                                                                                                                                                                                    |
| 10_   | Jharkhand         |                                                                                                                                                                                    | 1 18                                                                                                                                                                               |                                                                                                                                                                                    | 0                                                                                                                                                                                  |
| 11_   | Karnataka         | 36                                                                                                                                                                                 | 49 53                                                                                                                                                                              | 58                                                                                                                                                                                 | 46                                                                                                                                                                                 |
| 12.   | Kerala            | 2 6                                                                                                                                                                                | 1                                                                                                                                                                                  | 8                                                                                                                                                                                  | 11                                                                                                                                                                                 |
| 13    | Madhya Pradesh    | 119                                                                                                                                                                                | 126 130                                                                                                                                                                            | 122                                                                                                                                                                                | 132                                                                                                                                                                                |
| 14.   | Maharashtra       | 47 63                                                                                                                                                                              | 53                                                                                                                                                                                 | 63                                                                                                                                                                                 | 57                                                                                                                                                                                 |
| 15    | Manipur           | 0 0                                                                                                                                                                                | 0                                                                                                                                                                                  | 1                                                                                                                                                                                  |                                                                                                                                                                                    |
| 16.   | Meghalaya         |                                                                                                                                                                                    |                                                                                                                                                                                    | 0                                                                                                                                                                                  |                                                                                                                                                                                    |
| 18    | Nizalana          | 0                                                                                                                                                                                  |                                                                                                                                                                                    |                                                                                                                                                                                    |                                                                                                                                                                                    |
|       |                   | 10                                                                                                                                                                                 | 0                                                                                                                                                                                  | 0                                                                                                                                                                                  |                                                                                                                                                                                    |
| 19.   | Odisha            | 23 15                                                                                                                                                                              | 35                                                                                                                                                                                 | 23                                                                                                                                                                                 |                                                                                                                                                                                    |
| 20_   | Punjab            | 4                                                                                                                                                                                  | 8                                                                                                                                                                                  | 7                                                                                                                                                                                  |                                                                                                                                                                                    |
| 21_   | Rajasthan         | 109                                                                                                                                                                                | 93                                                                                                                                                                                 |                                                                                                                                                                                    | 82                                                                                                                                                                                 |
| 22    |                   |                                                                                                                                                                                    | 0                                                                                                                                                                                  | 8                                                                                                                                                                                  | 2                                                                                                                                                                                  |
| 23_   | Tamil Nadu        | 29 4                                                                                                                                                                               | 49                                                                                                                                                                                 | 57                                                                                                                                                                                 | 49                                                                                                                                                                                 |
| 24.   | Telangana         | 21                                                                                                                                                                                 | 28                                                                                                                                                                                 | 42                                                                                                                                                                                 | 32                                                                                                                                                                                 |
| 25 .  | Tripura           | 0                                                                                                                                                                                  | 0                                                                                                                                                                                  | 0                                                                                                                                                                                  | 0                                                                                                                                                                                  |
| 26.   | Uttar Pradesh     | 225 242                                                                                                                                                                            | 204                                                                                                                                                                                | 271                                                                                                                                                                                | 228                                                                                                                                                                                |
| 27.   | Uttarakhand       | 5 3                                                                                                                                                                                |                                                                                                                                                                                    | 8                                                                                                                                                                                  |                                                                                                                                                                                    |
| 28.   | West Bengal       |                                                                                                                                                                                    | 3                                                                                                                                                                                  |                                                                                                                                                                                    |                                                                                                                                                                                    |
| 29    | A & N Islands     |                                                                                                                                                                                    |                                                                                                                                                                                    |                                                                                                                                                                                    |                                                                                                                                                                                    |
| 30.   | Shandigata        |                                                                                                                                                                                    |                                                                                                                                                                                    |                                                                                                                                                                                    |                                                                                                                                                                                    |
|       | & N. Haveli       |                                                                                                                                                                                    |                                                                                                                                                                                    |                                                                                                                                                                                    |                                                                                                                                                                                    |
| 32.   | Daman & Diu       | 0                                                                                                                                                                                  |                                                                                                                                                                                    |                                                                                                                                                                                    |                                                                                                                                                                                    |
|       | Delhi             |                                                                                                                                                                                    |                                                                                                                                                                                    | 0                                                                                                                                                                                  |                                                                                                                                                                                    |
| 34.   | Lakshadweep       |                                                                                                                                                                                    |                                                                                                                                                                                    |                                                                                                                                                                                    |                                                                                                                                                                                    |
| 35.   | Puducherry        | 1                                                                                                                                                                                  |                                                                                                                                                                                    | 0                                                                                                                                                                                  |                                                                                                                                                                                    |
|       | Total             | 798                                                                                                                                                                                | 861                                                                                                                                                                                | 0 851 925                                                                                                                                                                          | 842                                                                                                                                                                                |

Source: National Crime Records Bureau; Ministry of Home Affairs