Key features of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015, Ministry of Social Justice & Empowerment.
•New
offences of atrocities like tonsuring of head, moustache, or similar acts which
are derogatory to the dignity of members of Scheduled Castes and Scheduled
Tribes, 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
Scheduled Castes and Scheduled Tribes candidates from filing of nomination to
contest elections, hurting a Scheduled Castes/Scheduled Tribes woman by
removing her garments, forcing a member of Scheduled Caste/Scheduled Tribe to
leave house , village or residence, defiling objects sacred to members of
Scheduled Castes and Scheduled Tribe, touching or using words, acts or gestures
of a sexual nature against members of Scheduled Castes and Scheduled Tribe.
•Addition
of certain IPC offences like hurt, grievous hurt, intimidation, kidnapping
etc., attracting less than ten years of imprisonment, committed against members
of Scheduled Caste/Scheduled Tribe, 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.
•Establishment
of Exclusive Special Courts and specification of Exclusive Special Public
Prosecutors also, to exclusively try the offences under the PoA Act to enable
speedy and expeditious disposal of cases.
•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
•Addition
of chapter on the ‘Rights of Victims and Witnesses’.
•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.
•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.
It is also reported that the government has increased in the existing quantum of relief
amount i.e. between Rs. 75,000/- to Rs. 7, 50,000/-, depending upon the nature
of the offence, by around 10%, as rounded of i.e. between Rs. 85,000/- to Rs.
8, 25,000/-, depending upon the nature of the offence, while linking it with
the Consumer Price Index for Industrial Workers for the month of January, 2016.
These above details were given in press statement from Ministry of Social Justice & Empowerment.
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Below are the details pertaining to the amendments:
Amendments
done in the Principal
Rules namely the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Rules, 1995 by the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Rules, 2016 have been notified yesterday.
Consequent upon amendments done in the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) {PoA} Act, 1989 by the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2015 (No. 1 of 2016), certain amendments had been necessitated
in the subordinate legislation namely the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Rules, 1995, made by the Central Government in exercise of powers conferred
by sub-section (1) of Section 23 of the PoA Act.
2. Accordingly
a Task Force was constituted under Chairpersonship of the Secretary, Department
of Social Justice and Empowerment, Ministry of Social Justice and Empowerment,
vide Order dated 22.01.2106, with members drawn from Ministries of Social Justice and Empowerment, Home
Affairs, Tribal Affairs, Law and Justice, National Commission for Scheduled
Castes, National Commission for Scheduled Tribes, State Governments of Andhra
Pradesh, Bihar, Uttar Pradesh, Madhya Pradesh, Maharashtra, Rajasthan, Tamil
Nadu and Odisha. The Task Force having held two meetings on 02.02.2016 and 22.02.2016,
finalized its report. Based on the recommendations contained in the said
Report of the Task Force and the introspection done in the Department of Social
Justice and Empowerment, amendments of following nature have been done in the
PoA Rules:-
(i) Amendments of consequential
nature arising from amendments done in the PoA Act.
(ii) Rationalization of the
phasing of payment of relief amount to victims for various offences of
atrocities, and substitution of Annexure-I of the Schedule to the PoA Rules,
which specifies relief amount for various offences of atrocities. This includes
prescribing relief for new offences of atrocities as
well for rephrased/expanded offences and not linking payment of any part of relief amount with
the requirement of medical examination for non-invasive kind of offences
against women like sexual harassment,
gestures or acts intended to insult the modesty,
assault or use of
criminal force with intent to disrobe, voyeurism, stalking.
(iii) Provision of relief for offences of rape and
gang rape.
(iv) Increase in the existing quantum of relief
amount i.e. between Rs. 75,000/- to Rs. 7, 50,000/-, depending upon the nature
of the offence, by around 10%, as rounded of i.e. between Rs. 85,000/- to Rs.
8, 25,000/-, depending upon the nature of the offence, while linking it with
the Consumer Price Index for Industrial Workers for the month of January, 2016.
3.
The Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, have been
accordingly notified in the Gazette of India Extraordinary on 14th
April, 2016.
