Lok Sabha Question No. 1466 (UNSTARRED), answered on 2016-05-03
Subject: Crime Against SC/ST Community
Ministry: HOME AFFAIRS
Asked by: RATTAN LAL KATARIA, MAULANA BADRUDDIN AJMAL

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

UNSTARRED QUESTION NO.1466

TO BE ANSWERED ON THE 03 RD  MAY, 2016/ VAISAKHA 13, 1938 (SAKA)

CRIME AGAINST SC/ST COMMUNITY

1466. SHRI RATTAN LAL KATARIA: SHRI BADRUDDIN AJMAL:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  the  total  number of crime/atrocities on Scheduled Castes (SC) and Scheduled  Tribes  (ST)  registered  under  the  Protection  of  Civil  Rights Act, 1955 and the Scheduled  Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 along with the number of persons arrested and action taken against the guilty, separately during each of the last three years and the current year, State-wise;
- (b) the total number of such cases pending in the various Courts and the steps taken by the Government to solve all the pending cases during the said period, Statewise; and
- (c) the rate of conviction in the said cases along with the steps taken by the Government to improve the conviction rate;
- (d)  whether  the  involvement  of  police  and  anti-social  elements  have also  been  reported  in  such  cases,  if  so,  the  details  thereof  and  the corrective steps taken in this regard; and
- (e) the details of financial assistance provided to the victims along with the concrete steps being taken to prevent such cases in future?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a) to (e): As per information provided by the National Crime Records Bureau  (NCRB),  State/UT  wise  cases  reported,  cases  chargesheeted, cases  convicted,  persons  arrested,  persons  chargesheeted,  persons convicted, cases in which trial were completed, cases pending for  trial

## LS.US.Q.NO.1466 FOR 03.05.2016

and cases conviction rate under the Protection of Civil Rights Act, 1955 and the SC/ST (Prevention of Atrocities) Act, 1989 under crime against persons  belonging  to  Scheduled  Castes  and  Scheduled  Tribes  during 2012-2014 is enclosed at Annexure-I & II respectively.

As  per  the  seventh  schedule  to  the  Constitution  of  India  `Police`  and `Public Order` are State subjects and, as such, the primary responsibility  of  prevention,  detection,  registration,  investigation  and prosecution of crime, lies with the State Governments/ Union Territory Administrations. Ministry of Home Affairs has issued Advisories dated 1 st   April, 2010 on 'Crime against Scheduled Castes/ Scheduled Tribes' and dated 3 rd  February, 2005 on ' Need for effective implementation of the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the  Scheduled  Tribes  (Prevention  of  Atrocities)  Act,  1989'  which  are available at http://mha.nic.in/sites/upload\_files/mha/files/pdf/Advisory-

SCST\_010610.pdf http://mha.nic.in/apcr

Ministry of Social Justice & Empowerment addresses States/UTs from time to time to  implement  provisions of the PCR and PoA Acts in letter

## LS.US.Q.NO.1466 FOR 03.05.2016

and  spirit  and  are  also  provided  Central  assistance  for  effective implementation  of  the  Act,  under  a  Centrally  Sponsored  Scheme  for implementation of the PCR and PoA Acts and the Central assistance is provided mainly for strengthening of enforcement and judicial machinery, relief and rehabilitation of victims of atrocities, incentive for inter-caste  marriages  where  one  of  the  spouses  is  a  member  of  a Scheduled Caste and awareness generation. During the year 2015-16, Central assistance of Rs. 119.07 crore was released to State Governments and Union Territory Administrations. A  Committee under the Chairpersonship of Union Minster for Social Justice & Empowerment    constituted  in  the  year  2006  also  from  time  to  time reviews implementation status of the PCR and PoA Acts in States/Union Territories.

With an objective to deliver members of SCs and STs, a greater justice as well as enhanced deterrent to the offenders, the PoA Act has been amended  by the Scheduled Castes and the Scheduled Tribes (Prevention  of  Atrocities)  Amendment  Act,  2015  (No.1  of  2016),    and enforced with effect from 26.01.2016. Salient features of the Amendment Act are as under:

## LS.US.Q.NO.1466 FOR 03.05.2016

(i)  Addition  of  new  offences    of  atrocities  like  tonsuring  of  head, moustache,  or  similar  acts  which  are  derogatory  to  the  dignity  of members of SCs and STs,  garlanding with chappals,  denying access to irrigation  facilities  or  forest  rights ,  dispose  or  carry  human  or  animal carcasses,  or  to  dig  graves,    using  or  permitting  manual  scavenging, dedicating  a  Scheduled  Caste  or  a  Scheduled  Tribe    women  as devadasi,    abusing  in  caste  name,  perpetrating  witchcraft  atrocities, imposing social or economic boycott, preventing SC and ST candidates  from  filing  of  nomination  to  contest  elections,  hurting  a SC/ST woman by removing her garments, forcing  a member of SC/ST to leave house , village or residence, defiling objects sacred to members of SCs and STs ,  touching or using words, acts or gestures of a sexual nature against members of SC and ST.

(ii) Addition of certain IPC offences like hurt, grievous hurt, intimidation, kidnapping etc., attracting less than ten years of imprisonment, committed  against  members  of  SCs  and  STs,  as  offences  punishable under  the  PoA  Act.  Presently,  only  those  offences  listed  in  IPC  as attracting punishment of 10 years or more and committed on members of  Scheduled  Caste/Scheduled  Tribe  are  accepted  as  offences  falling under the PoA Act.

## LS.US.Q.NO.1466 FOR 03.05.2016

(iii)  Establishment  of  Exclusive  Special  Courts  and  specification  of Exclusive  Special  Public  Prosecutors  to  exclusively  try  the  offences under the PoA Act to enable speedy and expeditious disposal of cases. (iv)  Power  of  Special  Courts  and  Exclusive  Special  Courts,  to  take direct cognizance of offence and as far as possible, completion of trial of  the  case  within  two  months,  from  the  date  of  filing  of  the  charge sheet.

(v) Addition of new section on 'Appeals'.

(vi)  Addition of chapter on the 'Rights of Victims and Witnesses'.

(vii) Defining clearly the term 'wilful negligence' of public servants at all levels, starting from the registration of complaint, and covering aspects of dereliction of duty under this Act.

(viii)  Addition  of  presumption  to  the  offences  -If  the  accused  was acquainted with the victim or his family, the court will presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise.

Consequent upon amendments done in the PoA Act, certain amendments  had  been    necessitated  in  the  subordinate  legislation namely the Scheduled Castes and the  Scheduled Tribes (Prevention of Atrocities)  {PoA}   Rules,  1995,  made  by  the  Central  Government   in

## LS.US.Q.NO.1466 FOR 03.05.2016

exercise of powers conferred by sub-section (1) of  Section 23 of the PoA  Act.    Accordingly  the  PoA  Rules  have  been  amended  by  the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment  Rules,  2016,  and  notified  in  the  Gazette  of  India  on 14.04.2016. The salient features of Amendment Rules are as under:-

- (i)    Modifications  of  the  nature  arising  from  amendments  done  in  the PoA Act have been done.
- (ii)  Relief  for  new  offences of atrocities as well  for restated/expanded offences has been prescribed.
- (iii)  Phasing of payment of relief amount to victims for various offences of atrocities has been revisited and revised.
- (iv)  For  getting  admissible  relief  amount  for  non-invasive  kind  of offences against SC and ST women, the need for medical examination has been done away.
- (v) Provision of due relief amount for grievous offences against SC and ST  women, has been enabled on conclusion of trial,  even  when  such cases do not end in conviction.
- (vi)   The existing quantum of relief amount between Rs. 75,000/- to Rs. 7,50,000/- has been enhanced  by around 10%, and made  between Rs. 85,000/- to Rs. 8, 25,000/-, depending upon the nature of the offence.

## LS.US.Q.NO.1466 FOR 03.05.2016

(vii)    Explicit  provision of relief for offences of rape and gang rape of Rs. 5 lakh and Rs. 8.25 lakh respectively, has been made.

(viii)  Provisions for relief amount between Rs. 8.25 lakhs to Rs.85, 000/for victims of acid attacks , depending upon degree of burns, has been made.

(ix)      Admissible  relief  in  cash  and  or  kind  is  to  be  paid  to  atrocity victims/  their  dependents,  within  seven  days.  To  enable  this  timely disbursement, the State Governments have been asked to authorize the District  Magistrates  for  immediate  withdrawal  of  money  from  the treasury.

(x)    To  enable  timely  commencement  of  prosecution,  investigation  of the  case  and  filing  of  the  charge  sheet  in  the  court  has  to  be  done within sixty days.

(xi)  Scheme for the rights and entitlements of victims and witnesses in accessing justice has to be periodically reviewed by the State, District and  Sub-Division  Level  Vigilance  and  Monitoring  Committees  in  their respective meetings.

*****

## LS.US.Q.NO.1466 FOR 03.05.2016

State/UT wise cases registered (CR), cases charge sheeted (CS), cases in which trial completed (TC), cases convicted (CV), cases conviction rate (CVR), cases pending for trial (PT),  persons arrested (PAR), persons charge sheeted (PCS) and persons convicted (PCV) under the Protection of Civil Rights Act under crime against persons belonging to scheduled castes (SCs) during

2012-2014

| 2012   | 2012   | 2012   | 2012   | 2012   | 2012   | 2012   |
|--------|--------|--------|--------|--------|--------|--------|

Source: Crime in India                 Disposal of cases/persons by police/courts may includes cases/persons of previous years also.

Note: CVR = cases convicted/cases in which trial completed x 100

Page 1/2 LS.US.Q.NO.1466 FOR 03.05.2016

State/UT wise cases registered (CR), cases charge sheeted (CS), cases in which trial completed (TC), cases convicted (CV), cases conviction rate (CVR), cases pending for trial (PT),  persons arrested (PAR), persons charge sheeted (PCS) and persons convicted (PCV) under the Protection of Civil Rights Act under crime against persons belonging to scheduled tribes (STs) during 2012-2014

| SL   | 2012 CV CVR PT PAR PCS   | 2012 CV CVR PT PAR PCS   | 2012 CV CVR PT PAR PCS   | 2012 CV CVR PT PAR PCS   | 2012 CV CVR PT PAR PCS   | 2012 CV CVR PT PAR PCS   | 2012 CV CVR PT PAR PCS   |
|------|--------------------------|--------------------------|--------------------------|--------------------------|--------------------------|--------------------------|--------------------------|

Source: Crime in India                 Disposal of cases/perons by police/courts may includes cases/persons of previous years also.

Note: CVR = cases convicted/cases in which trial completed x 100

## LS.US.Q.NO.1466 FOR 03.05.2016

## State/UT wise cases registered (CR), cases charge sheeted (CS), cases in which trial completed (TC), cases convicted (CV), cases conviction rate (CVR), cases pending for trial (PT),  persons arrested (PAR), persons charge sheeted (PCS) and persons convicted (PCV) under the SC/ST (Prevention of Atrocities) Act under crime against persons belonging to scheduled castes (SCs) during 2012-2014

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

Source: Crime in India                 Disposal of cases/persons by police/courts may includes cases/persons of previous years also. Note: CVR = cases convicted/cases in which trial completed x 100

Note: '#' data collected under the SC/ST (POA) Act only in 2014, excluding incidences of other IPC crimes in which SC/ST (POA) Act applied, whereas prior to 2014, the data also includes SC/ST (POA) Act alongwith IPC crimes

## LS.US.Q.NO.1466 FOR 03.05.2016

State/UT wise cases registered (CR), cases charge sheeted (CS), cases in which trial completed (TC), cases convicted (CV), cases conviction rate (CVR), cases pending for trial (PT),  persons arrested (PAR), persons charge sheeted (PCS) and persons convicted (PCV) under SC/ST (Prevention of Atrocities) Act  under crime against persons belonging to scheduled tribes (STs) during 2012-2014

| 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   | 2012 2013   |
|-------------|-------------|-------------|-------------|-------------|-------------|-------------|-------------|-------------|-------------|-------------|-------------|-------------|-------------|-------------|-------------|-------------|-------------|

Source: Crime in India                 Disposal of cases/persons by police/courts may includes cases/persons of previous years also.

Note: CVR = cases convicted/cases in which trial completed x 100

Note: '#' data collected under the SC/ST (POA) Act only in 2014, excluding incidences of other IPC crimes in which SC/ST (POA) Act applied, whereas prior to 2014, the data also includes SC/ST (POA) Act alongwith IPC crimes

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