Report of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, for the year 2020

FOCUS

This report was released by the Ministry of Social Justice and Empowerment, Government of India in 2021. 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 27th instalment.

It uses data provided by the National Crime Records Bureau to publish state-wise numbers of cases registered under the PoA Act between 2018 and 2020. 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 130-page report contains five chapters and four 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 2020 (Chapter 3); Measures taken by the Government of India (Chapter 4); and 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, 2020 (Annexure II); State-wise number of cases with courts and their disposal during the year, 2020 (Annexure III); and Details of central assistance released to states/union territory administrations during 2020-21 (Annexure IV).

    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. Twenty-five states and five union territories have designated specific district session courts as Special Courts for this purpose. As many as 193 districts in 11 states (Andhra Pradesh, Bihar, Gujarat among others) have Exclusive Special Courts to try cases under this Act.

  3. The states of Bihar, Chhattisgarh, Jharkhand, Kerala, and Madhya Pradesh have established special police stations for registering complaints and investigating atrocities against SCs and STs. Their total number rose from 142 in 2019 to 144 in 2020, with two additional stations added in Jharkhand.

  4. As many as 53,886 cases were registered under the PoA Act in 2020, the report notes. In the same year, 96.4 per cent of such cases were pending before the court and 39.2 per cent had ended in conviction.

  5. In 2020, 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 (10,139) with 10,138 cases of atrocities against SCs and one case of atrocity against STs. Madhya Pradesh (9,298) had the second highest figures with 6,899 and 2,399 cases concerning SCs and STs respectively. Rajasthan (8,744) was a close third with 6,895 and 1,849 cases.

  6. The report states that 12 states together accounted for 96.1 per cent of all the cases of atrocities against members of Scheduled Castes registered in India in 2020. They are Uttar Pradesh (10,138), Bihar (7,367), Madhya Pradesh (6,899), Rajasthan (6,895), Maharashtra (2,359), Odisha (2,046), Telangana (1,842), Andhra Pradesh (1,769), Karnataka (1,263). Gujarat (1,258), Tamil Nadu (1,237) and Haryana (1,132).

  7. Furthermore, 12 states cumulatively accounted for 98.5 per cent of the total cases of atrocities against members of Scheduled Tribes. These states are Madhya Pradesh (2,399), Rajasthan (1,849), Maharashtra (639), Odisha (605), Telangana (545), Chhattisgarh (501), Andhra Pradesh (300), Gujarat (289), Karnataka (269), Jharkhand (167), Kerala (119), and Bihar (94).

  8. Cases of atrocities against SCs and STs investigated by the police in 2020 numbered 61,517 and 10,263 respectively. Of these, 36,178 and 6,303 had charge-sheets filed in courts. As many as 8,120 and 1,231 had ‘final reports’ submitted indicating false cases, mistakes or insufficient evidence. The report notes that 17,113 and 2,710 cases of atrocities against SCs and STs respectively were pending with the police at the end of the year.

  9. In 2020, the courts disposed of 6,400 of the 183,806 cases of atrocities against people from Scheduled Castes and 1,145 of the 31,791 cases of atrocities against people from Scheduled Tribes. The number of acquittals (3,787 and 800) were higher than the number of convictions (2,613 and 345) 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. 593.4 crores to 21 states and three union territories during 2020-2021.


    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

2021

TAGS

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

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