Lok Sabha Question No. 6 (UNSTARRED), answered on 2018-12-11
Subject: Incidents of Anti-caste Activities
Ministry: HOME AFFAIRS
Asked by: NALIN KUMAR KATEEL, DODDAALAHALLI KEMPEGOWDA SURESH

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 6

TO  BE  ANSWERED  ON  THE  11 th   DECEMBER,  2018  /  AGRAHAYANA  20,  1940 (SAKA)

## INCIDENTS OF ANTI-CASTE ACTIVITIES

6. SHRI NALIN KUMAR KATEEL: SHRI D.K. SURESH:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  the  Government  is  aware  that  there  are  rising  incidents  of  anticaste  activities  in  the  country  and  certain  activists  are  causing  violence against inter-caste couples;
- (b) if so, the number of such incidents reported during the last three years in the country;
- (c) whether the Law Commission in a report in 2012 had recommended for the need of a law to tackle such caste crimes in the country;
- (d) the response of the Government in this regard; and
- (e) the details of the measures taken by the Government to curb such incidents in the country?

## ANSWER

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

(a) & (b): National Crime Records Bureau (NCRB) does not maintain specific information on anti-caste activities in the country and violence against intercaste  couples.  However,  details  of  cases  registered  under  the  Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) [PoA] Act only are as below:

L.S.US.Q NO. 6 FOR 11.12.2018

| Year   | Cases registered only under PoA Act   | Cases registered only under PoA Act   |
|--------|---------------------------------------|---------------------------------------|
|        | Crime against SCs                     | Crime against STs                     |
| 2014   | 8887                                  | 1122                                  |
| 2015   | 6005                                  | 832                                   |
| 2016   | 5082                                  | 844                                   |

(c) & (d): The  242 nd   Report  of  the  Law  Commission  on  a  proposal  for  a standalone  legislation  on  'Prevention  of  Interference  with  the  Freedom  of Matrimonial Alliance (in the name of Honour and Tradition)' has been examined by the Ministry of Law and Justice in consultation with the State Governments and Union Territory Administrations. In view of the policy of the Government to reduce  the  number  of  existing  legislations  and  incorporate  new  proposals  in the existing legislations and rules, a standalone legislation in this regard has not been considered desirable.

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

## L.S.US.Q NO. 6 FOR 11.12.2018

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  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 also issued an advisory dated 26.09.2018 regarding 'Amendment to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)  {PoA}  Act,  1989'  requesting  therewith  to  all  States/UTs  for  the implementation of the same.

'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.

The Ministry of Home Affairs has, however, issued an advisory on crime against

## L.S.US.Q NO. 6 FOR 11.12.2018

women dated 4th September, 2009, wherein the States/UTs have been directed to conduct a comprehensive review of the effectiveness of their law and order machinery  in  tackling  the  problem  of  violence  against  women  and  to  take appropriate  measures  aimed  at  increasing  responsiveness  to  such  violence. The advisory specifically advised the States/UTs to take special steps to curb the 'Violation of Women's Rights by the so called Honour Killings, to prevent forced  marriage  in  some  northern  States,  and  other  forms  of  Violence'.  The Advisory is available on http://mha.gov.in.

In pursuance of the Judgement dated 27.03.2018 passed by Hon'ble Supreme Court in the matter of Writ Petition (C) No. 231/2010 - Shakti Vahini vs. Union of India  &  ors,  Ministry  of  Home  Affairs  vide  its  advisory  dated  31.05.2018  has advised  all  States  regarding  preventive,  remedial  and  punitive  measures required  to  be  implemented  to  address  the  issues  related  to  honour  crime. States/UTs  were  advised  to  comply  with  the  directions  as  mentioned  in  the judgement,  which  inter-alia  include  identification  of  districts,  subdivisions and/or  villages  where  instances  of  honour  killing  or  Khap  Panchayats  have been reported in the recent past, setting up of special cells in every  district, which shall create a 24 hour helpline to receive and register complaints in this regard, and provide necessary assistance and advice and to protect the couple.

The said advisory is available at http://mha.gov.in.

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