Lok Sabha Question No. 2941 (UNSTARRED), answered on 2023-03-17
Subject: Representation of Weaker Sections in Judiciary
Ministry: LAW AND JUSTICE
Asked by: D. Ravikumar

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

## LOK SABHA

## UNSTARRED QUESTION NO.2941 TO BE ANSWERED ON FRIDAY, THE 17 TH  MARCH, 2023

## REPRESENTATION OF WEAKER SECTIONS IN JUDICIARY

## 2941. SHRI RAVIKUMAR D.:

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

- (a) the steps being taken to ensure adequate representation of SCs, STs and OBCs in the judiciary;
- (b)  the  measures  being  taken  to  sensitize  the  judiciary  with  respect  to  caste  to ensure that no bias creeps into delivery of judgments;
- (c) the conviction rate under the SC/ST (Prevention of Atrocities) Act;
- (d) whether any steps have been taken/proposed to be taken by the Government to sensitize the concerned authorities at every stage of a complaint under this Act and ensure that the cases are properly filed and carried on without any discrimination;
- and
- (e) if so, the details thereof?

## ANSWER MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

(a)& (b): Appointment of Judges of the High Courts is made under Articles 217 and 224 of the Constitution of India, which do not provide for reservation for any caste or class  of  persons.  However,  the  Government  is  committed  to  social  diversity  in  the appointment  of  Judges  in  the  Higher  Judiciary  and  has  been  requesting  the  Chief Justices  of  High  Courts  that  while  sending  proposals  for  appointment  of  Judges,  due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes,  Other  Backward  Classes,  Minorities  and  Women  to  ensure  social  diversity  in appointment of Judges in High Courts.

As  per  the  available  information  regarding  the  category/caste  of  High  Court Judges, which is indicated by the recommendee in the biodataw.e.f2018 at the time of their  recommendation  for  appointment  as  High  Court  Judge  by  the  High  Court Collegium (HCC), has been compiled by the Department of Justice and the breakup is as under:-

| Category                  |   Total (As on 15.03.2023) |
|---------------------------|----------------------------|
| General                   |                        444 |
| OBC                       |                         64 |
| Minority                  |                         15 |
| SC                        |                         17 |
| ST                        |                         09 |
| Information not available |                         20 |

In case of District and Subordinate judiciary, as per proviso to Article 309 read with  Articles  233  and  234  of  the  Constitution,  the  respective  State  Governments,  in consultation with their High Courts, frame the rules and regulations regarding the issue of  appointment  and  reservations  of  Judicial  Officers  in  the  State  Judicial  Service. Hence,  in  so  far  as  recruitment  or  reservation  of  judicial  officers  in  the  States  is concerned,  the  Central  Government  has  no  role  in  the  selection  and  appointment  of judicial officers in District and Subordinate judiciary.

- (c): As reported in the Crime in India Report (2021) which is published by National Crime  Records  Bureau  (NCRB),  the  conviction  rate  under  crime/atrocities  against Scheduled Caste (SCs) for the year 2021 is 36.0% whereas in case of Scheduled Tribes (STs) it is 28.1% under the SC/ST (Prevention of Atrocities Act).

(d) & (e): As per the information made available by the Department of Social Justice &  Empowerment,  Ministry  of  Social  Justice  &  Empowerment,   'Police'  and  'Public Order'  are  State  subjects  under  the  Seventh  Schedule  (List-II)  to the  Constitution  of India  and the State  Governments/Union  Territory  Administrations  are  primarily responsible for prevention, detection, registration, investigation and prosecution of all crimes within their jurisdiction including crimes against members of Scheduled Castes and  Scheduled  Tribes.  The  responsibility  for  the  implementation  of  the  Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and rules made thereunder also lies with the State Government/UT Administrations. The Government at its level   issues advisories to the State Governments/UT Administrations from time to time  for  effective  implementation  of  the  SC/ST  (PoA)  Act,  1989  and  Rules  made thereunder in the letter and spirit.

For the effective implementation of the  Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989  a Centrally Sponsored Scheme is in force to provide admissible Central assistance to State Governments and Union Territory Administrations for inter-alia, Awareness Generation and Publicity as well.

Further,  a  National  Helpline  against  Atrocities  (NHAA)  for  the  members  of Scheduled Castes and the Scheduled Tribes has been also launched by the Department of  Social  Justice  &  Empowerment.  The  objective  of  the  helpline  is  to  generate awareness about the provisions and processes under the Law that are aimed at ending discrimination  and  provide  protection.  The  NHAA  is  available  on  toll-free  number '14566' across the country.

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