Lok Sabha Question No. 1028 (UNSTARRED), answered on 2018-07-24
Subject: SC/ST (Prevention of Atrocities) Act
Ministry: HOME AFFAIRS
Asked by: JAYADEV GALLA, E. T. MOHAMMED BASHEER

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS LOK SABHA UNSTARRED QUESTION NO. 1028

TO BE ANSWERED ON THE 24 th  JULY, 2018/SHRAVANA 2, 1940 (SAKA)

SC/ST (PREVENTION OF ATROCITIES) ACT

1028.

SHRI JAYADEV GALLA:

SHRI E.T. MOHAMMED BASHEER:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  the  Government  has  taken  any  action  on  the  judgement  of  the Supreme Court that government servants should not be arrested under SC/ST (Prevention of Atrocities) Act without prior sanction  and private citizens too can be arrested only after an inquiry under law;
- (b) if so, the details thereof;
- (c) the manner in which the Government is planning to protect SCs/STs; and
- (d)  the  details  of  cases  registered,  disposed  off,  persons  convicted  and acquitted under the above Act during the last three years, year-wise and Statewise?

## ANSWER

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

(a) & (b): The  Ministry  of  Social  Justice  and  Empowerment,  Department  of Social  Justice  and  Empowerment,  has  filed  the  Review  Petition  (Crl.)  no. 228/2018 in Criminal Application no. 416/2018 (Dr. Subhash Kashinath Mahajan Vs the State of Maharashtra and Another, arising out of Special Leave Petition (Crl.) no. 5661 of 2017) on 02.04.2018 in the Hon'ble Supreme Court against its Judgment  dated  20.03.2018,  and  has,  inter-alia,  prayed  in  the  said  Review Petition  that  the  Order  of  the  Supreme  Court  may be recalled and reviewed. The matter is presently sub-judice in the Hon'ble Supreme Court.

- (c): The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been amended in 2015 to make it more effective. The

## LS.US.Q.NO.1028 FOR 24.07.2018

amendments  include  new  offences,  re-phrased  existing  sections,  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.

'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,  Ministry  of  Home Affairs has issued advisories in this regard, which are available at www.mha.gov.in.

(d): As  per  the  latest  available  published  information  with  National  Crime Records  Bureau  (NCRB),  details  of  State/UT-wise  cases  registered,  cases chargesheeted,  cases  convicted,  persons  arrested,  persons  chargesheeted and  persons  convicted  under  the  Prevention  of  Atrocities  Act  under  crimes against Scheduled Castes and Scheduled Tribes from  2014 to 2016 are given in Annexure-I & II.

Annexure-I State/UT-wise cases registered (CR), cases chargesheeted (CCS), cases convicted (CON), persons arrested (PAR), persons chargesheeted (PCS) and persons

## convicted (PCV) under Total of Prevention of Atrocities Act under Crimes against Scheduled Castes during 2014-2016

| SL State/UT   | 2014   |
|---------------|--------|

Source: Crime in India

## Annexure-II

State/UT-wise cases registered (CR), cases chargesheeted (CCS), cases convicted (CON), persons arrested (PAR), persons chargesheeted (PCS) and persons convicted (PCV) under Total of Prevention of Atrocities Act under Crimes against Scheduled Tribes during 2014-2016

| 2014   | 2014   | 2014   | 2014   | 2014   | 2014   | 2014   |
|--------|--------|--------|--------|--------|--------|--------|

Source: Crime in India