Report of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, for the year 2016

FOCUS

This report was released by the Ministry of Social Justice and Empowerment, Government of India, in 2017. The 1990 edition of the Report of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was the first in the series. The present is the 23rd instalment.

It uses data provided by the National Crime Records Bureau to publish state-wise numbers of cases registered under the PoA Act between 2014 and 2016. Furthermore, the report uses information submitted by each state and union territory to review the steps taken to minimise atrocities against Scheduled Castes (SCs) and Scheduled Tribes (STs). In accordance with the provisions set out under Section 21(4) of the PoA Act, the annual report is presented to the Lok Sabha and the Rajya Sabha.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 aims to prevent specific atrocities against marginalised communities in India. It makes various offences against these communities punishable and provides for relief and rehabilitation to the victims. The Act was amended in 2015 and 2018. The report notes that the responsibility of implementing the PoA act is vested with the governments of the states and union territories, who may constitute special committees and SC/ST protection cells.

The 153-page report contains five chapters and seven annexures: Introduction (Chapter 1); Structures and mechanisms established for implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Chapter 2); Action by the police and the courts in cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, during 2016 (Chapter 3); Measures taken by the Government of India (Chapter 4); Measures taken by the state governments and union territory administrations (Chapter 5).

The annexures include Extract of Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Annexure I); State-wise number of cases registered with police and their disposal during the year, 2016 (Annexure II); State-wise number of cases with courts and their disposal during the year, 2016 (Annexure III); Details of central assistance released to states/union territory administrations during 2016-17 (Annexure IV); Office memorandum, dated 19.03.2006 of the Ministry of Social Justice & Empowerment regarding constitution of a committee to review implementation of PCR and PoA Acts (Annexure V); Office memorandum, dated 11.04.2011 of the Ministry of Social Justice & Empowerment regarding committee constituted for effective coordination to devise ways and means to curb offences of untouchability and atrocities against Scheduled Castes/Scheduled Tribes and effective implementation of the PCR and PoA Acts (Annexure VI); and Office memorandum, dated 03.06.2011 of the Ministry of Social Justice & Empowerment regarding committee constituted for effective coordination to devise ways and means to curb offences of untouchability and atrocities against Scheduled Castes/Scheduled Tribes and effective implementation of the PCR Act, 1955 and the PoA Act, 1989 (Annexure VII).

    FACTOIDS

  1. The report underlines the duties and responsibilities of the central and state governments to ensure the implementation of the Act. Such measures include provisions for legal aid to the victims of atrocities, provisions for travel and stays of witnesses, social and economic rehabilitation of victims of atrocities, periodic surveys to determine the efficacy of the act, and the identification of areas where members of SC and ST communities are particularly vulnerable to atrocities.

  2. Section 14 of the PoA Act provides for Special Courts for the speedy trial of cases of atrocities against SCs and STs. For this purpose, 25 states and six union territories have designated specific district session courts as Special Courts. Furthermore, 195 districts in 12 states (Madhya Pradesh, Rajasthan and Gujarat among others) have Exclusive Special Courts to try cases under this Act.

  3. The states of Bihar, Chhattisgarh, Jharkhand, and Madhya Pradesh have set up 126 special police stations for registration of complaints and investigating atrocities against people belonging to Scheduled Castes and Scheduled Tribes.

  4. In 2016, 47,338 cases of atrocities against SCs and STs were registered under the PoA Act. In the same year, 89.3 per cent of such cases were pending in court and 24.9 per cent had ended in conviction. Of the 47,338 cases registered, 40,774 were cases of atrocities against SCs and 6,564 cases were cases of atrocities against STs.

  5. In 2016, the most cases of atrocities against SCs and STs were registered (under the PoA Act in conjunction with the Indian Penal Code) in the state of Uttar Pradesh (10,430) with 10,426 cases of atrocities against SCs and four cases of atrocities against STs. Madhya Pradesh (6,745) had the second highest figures with 4,922 and 1,823 cases concerning SCs and STs respectively. Rajasthan (6,329) was a close third with 5,134 and 1,195 cases.

  6. According to the report, 11 states accounted for 93.3 per cent of all cases of atrocities against members of Scheduled Castes registered in India in 2016. They are Uttar Pradesh (10,426), Bihar (5,701), Rajasthan (5,134), Madhya Pradesh (4,922), Andhra Pradesh (2,335), Karnataka (1,866), Odisha (1,796), Maharashtra (1,736), Telangana (1,529), Gujarat (1,321) and Tamil Nadu (1,287).

  7. Additionally, 11 states together accounted for 97.5 per cent of the total cases of atrocities against members of Scheduled Tribes. These are Madhya Pradesh (1,823), Rajasthan (1,195), Odisha (681), Andhra Pradesh (405), Maharashtra (403), Chhattisgarh (402), Telangana (375), Karnataka (371), Gujarat (281), Jharkhand (280) and Kerala (182).

  8. Total cases of atrocities against SCs and STs investigated by the police in 2016 numbered 56,221 and 9,089 respectively. Of these, 30,999 and 5,272 had charge-sheets filed in courts. As many as 2,148 and 119 had ‘final reports’ submitted indicating false cases, mistakes or insufficient evidence. The report notes that 16,628 and 2,602 cases of atrocities against SCs and STs respectively were pending with the police at the end of the year.

  9. In 2016, the courts disposed of 14,554 of the 144,316 cases of atrocities against people from Scheduled Castes and 2,895 of the 23,344 cases of atrocities against people from Scheduled Tribes. The number of acquittals (10,802 and 2,293) were higher than the number of convictions (3,752 and 602) in both instances.

  10. Under the Centrally Sponsored Scheme for implementation of the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the central government provided financial assistance of Rs. 222.5 crores to 18 states and three union territories during 2018-2019.


    Focus and Factoids by Ashish Singh.

AUTHOR

Ministry of Social Justice and Empowerment, Government of India

COPYRIGHT

Ministry of Social Justice and Empowerment, Government of India

PUBLICATION DATE

2017

TAGS

#marginalised-communities #scheduled-tribes #act #prevention-of-atrocities #scheduled-castes

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