Lok Sabha Question No. 1444 (UNSTARRED), answered on 2022-07-26
Subject: Acts under Social Justice
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: Rita Bahuguna Joshi, Aparupa  Poddar, Heena Vijaykumar Gavit, Sujay Radhakrishna Vikhepatil, Rajendra Dhedya  Gavit, Shrikant Eknath Shinde, Unmesh Bhaiyyasaheb Patil, Ramesh Chand Bind, Krishna Pal Singh Yadav

## GOVERNMENT OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

## LOK SABHA

## ACTS UNDER SOCIAL JUSTICE

## 1444. PROF. RITA BAHUGUNA JOSHI:

SHRIMATI APARUPA PODDAR:

DR HEENA GAVIT:

DR SUJAY RADHAKRISHNA VIKHE PATIL:

SHRI RAJENDRA DHEDYA GAVIT:

DR: SHRIKANT EKNATH SHINDE:

SHRI UNMESH BHAIYYASAHEB PATIL:

SHRI RAMESH CHAND BIND:

DR KRISHNA PAL SINGH YADAV:

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

- (a) whether the Government has any mechanism for monitoring the implementation of recent acts related to social justice and if so, the details thereof;
- whether there is any requirement of infrastructure and officers for implementation of these acts and if the details thereof; SO,
- whether the Government has provided adequate funds to the States for the said purpose; and
- (d) if s0, the details thereof; State-wise including Uttar Pradesh,  Gujarat, West Bengal and Maharashtra?

## ANSWER

## MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT (SHRI A NARAYANASWAMY)

(a) to (d): Yes Sir, Department of Social Justice and Empowerment is implementing following Acts: -

1. To abolish untouchability and forbade its practice in any form, an Act of Parliament namely the Protection of Civil Rights {PCR} Act, 1955 is in force.
2. To check and deter crimes against the members of the Scheduled Castes and the Scheduled Tribes, an another Act of Parliament namely the "The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act; 1989" is in force.
3. Maintenance and Welfare of Parents and Senior Citizens Act:
4. 4 Prohibition of Employment as Manual Scavengers and their Rehabilitation Act; 2013.
5. 5\_ The Transgender Persons (Protection of Rights) Act, 2019.

UNSTARRED QUESTION NO.1444 TO BE ANSWERED ON 26.07.2022

## PCR & POAActs

To abolish untouchability and forbade its practice in any form, an Act of Parliament namely the Protection of Civil Rights {PCR} Act; 1955 is in force.

Further; to check and deter   crimes   against  the  members Castes and the Scheduled  Tribes, Scheduled Tribes (Prevention of Atrocities) Act, 1989" is in force.

The Protection of Civil Rights Rules, 1977 and the SCIST (PoA) Rules, 199S have been also framed to effectively implement the provisions of the Acts

Since 'Police' and 'Public Order' are State subjects under the Seventh Schedule (List-II) to the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act; 1989 rests with the State Governments/UT Administrations

However; the Government of India has set up the National Helpline against Atrocities against SCs and STs to register  grievances and follow up for their redressal at   various levels ` The including timely criminal action, and payment of compensation. The Government also issues advisories to the State GovernmentsIUT Administrations from time to time for effective implementation of the PoA Act and Rules made thereunder in the letter and spirit Acts;

A Centrally sponsored Scheme for implementation of the PCR Act; 1955 and the SC/ST (PoA) Act; 1989 is also in force under which the Central assistance is provided to the StatesMUTs for effective implementation of the Acts and Rules framed thereunder: The Centrally Assistance is mainly provided for

- 1\_ Functioning and strengthening of the Scheduled Castes and Scheduled Tribes Protection Cell and Special Police Stations.
- iii. Relief and Rehabilitation of atrocity victims.
- ii. Setting up and functioning of exclusive Special Courts.
- iv. Incentive for Inter-Caste Marriages, where one of the spouses is a member of a Scheduled Castes.
- V Awareness generation:

The funding pattern of the Scheme is aS such that total  expenditure over and above the committed liability is shared on 50.50 basis between the Central Government and concerned State Government and the Union Territory Administration receives 100% Central assistance.

## Monitoring Mechanism at the State \_Level:

Rule 16, Rule 17 and 17A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 provide for setting up of State Level Vigilance and Monitoring Committees (SLVMC) under the Chairpersonship of the Chief Minister; District  level Vigilance and Monitoring Committees (DLVMC) under the Chairpersonship of the District Magistrate   and   Sub-Divisional Level Vigilance and  Monitoring Committee under the Chairpersonship of Sub-Divisional Level Magistrate to review the implementation of the provisions of the PoA Act

## Monitoring Mechanisms at\_theCentral Level

- At the Central Level, a committee under the Chairpersonship of Hon ble Union Minister for Social Justice & Empowerment has been also   constituted to review the implementation status of the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in the States/UTs The Committee has SO far held 26 meetings in this regard.
- Officers from Central Government visit States/UTs for reviewing the performance of the schemes:
- Hon'ble Union Cabinet Minister and MoS's visit States for review meetings to evaluate the progress of the Schemes.

2007 to ensure need based maintenance of parents and senior citizens and their welfare: The Act extends to whole of India and the onus for implementation of the Act lies mainly with the State Governments. Under the Act; the State Governments have constituted Tribunals and designated Conciliation Officers, Maintenance Officers and Presiding Officers for the Tribunals. Old Homes for indigent senior citizens have been set up in different districts. Provisions for medical care of senior citizens are being covered under Ministry of Health and Family Affairs National Programme for Health Care of Elderly. The Central Government seeks Annual Progress Report from all the State Governments/UTs in order to monitor the progress of implementation of the various provisions of the Act Age

Prohibition of\_Employment as Manual Scavengers and their\_Rehabilitation 2013 provides for a well laid down   monitoring mechanism   through Central   Monitoring Committee, State Level Monitoring Committees and Vigilance Committees at District and SubDivision Level to monitor implementation of various provisions of MS Act; 2013. In addition; progress of implementation is also monitored through periodic reports, regular meetings with senior officers of the States and Union Territories and meetings of the Central  Monitoring Committee under the Chairmanship of Minister of Social Justice and Empowerment from time to time. No funds are required for  implementation of MS Act, 2013 by State   Governments Act

The\_Transgender\_Persons\_(Protection\_of\_Rights) Act\_2019 came into force on 1Oth January, 2020. Persons (NCTP) shall monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of Transgender Persons. The existing infrastructure and resources are to be utilized  for implementation of the crore was earmarked   during the financial year 2021-22 under   sub-component for the welfare of Transgender Persons under Central Sector Scheme of "Support for Marginalized Individuals and Livelihood Enterprise (SMILE)". Under the sub-scheme funds are released for setting up Garima Greh; Transgender Cell etc. derived from the Act:

Details of funds  released to Gujarat, West Bengal and Maharashtra during last 03 years under above Acts are at Annexure:

Annexure referred to in reply to part () to (d ) of the Lok Sabha Unstarred Question No. 1444 for 26.07.2022

- The Central Assistance released to the State Governments/UT Administrations including the State of Uttar Pradesh; Gujarat, West Bengal and Maharashtra under the centrally sponsored scheme for the PCR Act, 1955 and the SCIST (PoA) Act, 1989.

(Rs. in Lakh )

| S: No:   | States [UTs          | 2019-20   | 2020-21   | 2021-22   |
|----------|----------------------|-----------|-----------|-----------|
|          | Andhra Pradesh       | 4814.34   | 3429.99   | 920.00    |
|          | Assam                | 0.00      | 15.00     | 10.00     |
| 3.       | Bihar                | 1220.00   | 1505.00   | 3500.00   |
| 4.       | Chhattisgarh         | 1696.40   | 2159.19   | 1983.91   |
| 5.       | IChandigarh          | 75.00     | 50.00     | 71.00     |
|          | Delhi                | 16.00     | 25.001    |           |
| 7.       | Goa                  | 4.00      | 3.00      | 3.00      |
| 8.       | (Gujarat             |           | 3314.16   | 1978.63   |
| 19.      | Haryana              | 1214.61   | 1360.00   | 1821.20   |
| 10       | Himachal Pradesh     | 477.00    | 382.75    | 314.96    |
| 1.       | Jammu Kashmir        | 0.00      | 0.00      | 93.20     |
| 12.      | (Jharkhand           |           |           | 319.33    |
| 13.      | Karnataka            | 6867.25   | 6542.75   | 6185.26   |
| 14.      | Kerala               | 2746.07   | 1099.15   | 1763.52   |
|          | Lakshadweep          |           | 0.00      | 12.00     |
| 16.      | Madhya Pradesh       | 7900.33   | 8349.19   | 10341.53  |
| 17.      | Maharashtra          | 6194.75   | 5813.52   | 773.00    |
| 18.      | Odisha               | 3206.31   | 3508.79   | 4408.71   |
| h19      | PPuducherry          | 209.00    | 787.55    | 365.63    |
|          | [Punjab              | 0.00      | 18.66     | 780.49    |
|          | Rajasthan            | 2048.33   | 4770.061  | 7163.45   |
| pz.      | Sikkim               | 25.00     | 0.00      | 0.83      |
| b3.      | Tamil Nadu           | 1833.05   | 3852.48   |           |
| p4.      | Telangana            | 1993.88   | 819.20    | 1717.92   |
| p5.      | Tripura              | 39.14     | 0.00      | 20.33     |
| p6.      | UUttarkhand          | 102.87    | 94.82     | 78.30     |
| p7.      | UUttar Pradesh       | 14136.04  | 11302.62  | 12671.72  |
| p8:      | West Bengal          | 897.61    | 37.41     | 87.00     |
| b9       | Other(Plan Division) | 0.00      | 3.891     | 0.00      |
| 30.      | NNHA                 | 0.001     | 69.97     | 73.78     |
|          | Total                | 61964.14  | 59342.98L | 61011.09  |

## 2. Detail of funds released during last 03 years to various StatelUnion Territories under SAPSrC is as under:-

Rs: In Cr:

|      |                                    | Funds Released 2019-20   |   Funds Released 2020-21 |   Funds Released 2021-22 |
|------|------------------------------------|--------------------------|--------------------------|--------------------------|
| 1    | ANDAMAN & NICOBAR ISLANDS          | 0.375                    |                     0    |                     0    |
| 2    | ANDHRA PRADESH                     | 1.000                    |                     0    |                     0    |
| 3    | ARUNACHAL PRADESH                  |                          |                     0    |                     0    |
|      | ASSAM                              | 0.750                    |                     0    |                     0.22 |
| 5_   | BIHAR                              | 1.500                    |                     0    |                     0    |
| 6.   | CHANDIGARH                         | 0.375                    |                     0    |                     0    |
| 7,   | CHHATTISGARH                       | 0.750                    |                     0    |                     0    |
| 8,   | DADRA NAGAR HAVELI and DAMAN & DIU | 0.75                     |                     0    |                     0    |
| 9_   | GOA                                | 0.500                    |                     0    |                     0    |
| 10   | GUJARAT                            | 0.750                    |                     0    |                     0    |
| 11_  | HARYANA                            | 0.750                    |                     0    |                     0    |
| 12_  | HIMACHAL PRADESH                   | 0.750                    |                     0    |                     0    |
| 13_  | JAMMU & KASHMIR                    | 0.750                    |                     0    |                     0    |
| 14.  | JHARKHAND                          | 0.750                    |                     0    |                     0    |
| 15.  | KARNATAKA                          |                          |                     0    |                     0    |
| 16.  | KERALA                             | 0.750                    |                     0    |                     0    |
| 17_  | LAKSHADWEEP                        | 0.375                    |                     0    |                     0    |
| 18.  | MADHYA PRADESH                     | 1.500                    |                     0    |                     0    |
| 19_  | MAHARASHTRA                        | 1.500                    |                     0    |                     0    |
| 20_  | MANIPUR                            | 0.375                    |                     0    |                     0    |
| 21_  | MEGHALAYA                          | 0.375                    |                     0    |                     0    |
|      | MIZORAM                            | 0.500                    |                     3.04 |                     0    |
| 23_  | NAGALAND                           | 0.375                    |                     0    |                     1.98 |
| 24.  | NCT OF DELHI                       | 0.750                    |                     0    |                     0    |
| 25.  | ODISHA                             | 1.000                    |                     0    |                     0    |
| 26_  | FPUDUCHERRY                        | 0375                     |                     0    |                     0    |
| 27_  | PUNJAB                             | 0.750                    |                     0    |                     0    |
|      | RAJASTHAN                          | 1.500                    |                     0    |                     0    |
| 29_  | SIKKIM                             | 0.500                    |                     0    |                     0.16 |
| 30 _ | TAMIL NADU                         | 1.500                    |                     0    |                     0    |
| 31.  | TELANGANA                          | 1.000                    |                     4.02 |                     0    |
| 32   | TRIPURA                            | 0.500                    |                     0    |                     0    |
| 33.  | JUTTAR PRADESH                     | 1.500                    |                     0    |                     0    |
| 34 _ | UTTARAKHAND                        | 0.750                    |                     0.19 |                     0    |
| 35_  | WEST BENGAL                        | 1.500                    |                     0    |                     0    |
|      | TOTAL                              | 29.00                    |                     7.25 |                     2.36 |

- 3 The funds released to States/ UTs under sub-component for the welfare of Transgender Persons under Central Sector Scheme of "Support for Marginalized Individuals and Livelihood Enterprise (SMILE)" during the financial year 2021-22

|    | Name of the State   |   Amount released |
|----|---------------------|-------------------|
| 1  | Bihar               |            14.586 |
| 2  | Delhi               |            14.586 |
| 3  | Chhatisgarh         |            14.586 |
| 4_ | Gujarat             |            14.586 |
| 5  | Maharashtra         |            14.586 |
| 6  | Orissa              |            14.586 |
| 7  | Rajasthan           |            14.586 |
| 8. | Tamil Nadu          |            14.586 |
| 9  | West Bengal         |            14.586 |
|    | Total               |           131.274 |

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