List of questions prepared at the First National Roundtable on the implementation status of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act on 14 October 2023 at New Delhi.
1 Section 4 : The government should take action on those officers who don’t implement the provisions of this act including refusal to register the case. Officers implementing the Act effectively must be rewarded.
1.1 How many exclusive special public prosecutors and special public prosecutors have a conviction rate more than 50%. How many have been removed for low convictions?
1.2 How many investigation officers have a conviction rate more than 50%. How many have been removed for low convictions?
1.3 Which are the officials (investigation officers, exclusive special public prosecutors, and public prosecutors) identified by the standing committee (vide orders of the Supreme Court of India in the State of Gujarat vs Kishanbhai etc. [Criminal Appeal No. 1485 of 2008] dated 7 January 2014). How many have been removed?
1.4 How many states have less than 10% conviction rate? How many officials have been removed for underperformance?
1.5 How many cases have been acquitted due to ‘witnesses turned hostile’? How many DSPs and/or investigation officers have been charged u/s 4 for dereliction of duty for not providing adequate protection u/s 15A(9)?
1.6 Most states have low single digit conviction rates despite cases being investigated by DSPs, prosecuted by Special Public Prosecutors (of seniority of seven years or more), reviewed by district magistrates, and monitored by the special courts. What is the ministry’s action plan to improve the conviction rate?
1.7 Using NCRB data from 2019 to 2021, the citizens’ vigilance and monitoring committee (CVMC) report on the implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 reveals that only 3% of the acquitted cases are appealed. Will the ministry issue an advisory to automatically appeal all cases of acquittal, and disciplinary action be taken (including removal from IO/SPP under this Act) for all officials identified by the standing committee (vide orders of the Supreme Court of India in the State of Gujarat vs Kishanbhai etc. [Criminal Appeal No. 1485 of 2008] dated 7 January 2014)?
2 Special courts established under the Act should not be given other cases.
2.1 How many special courts have more than 50 pending cases?
2.2 How many exclusive special courts have more than 50 pending cases?
2.3 Give state state–wise, year–wise number of pending cases in court.
2.4 What is the criteria for declaring exclusive special courts?
2.5 How many exclusive special courts have been declared, state–wise.
2.6 How many of the exclusive special courts are in identified (atrocity prone) areas?
2.7 How many of these exclusive special courts are being supported by the union government?
2.8 What is the criteria for union government financial support to the exclusive special courts?
2.9 What measures have been taken by the union government to bring down the pendency of the cases, which have almost doubled during the last five years, resulting in delayed relief of about 3000 crores to the victims and increasing the chances of acquittal?
3 Under rehabilitation, the victims must be provided with a government job.
3.1 Using NCRB data from 2017 to 2021, the citizens’ vigilance and monitoring committee (CVMC) report on the implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 estimates that a minimum of 27,724 victims and their families should have been given 27,724 pensions, 27,724 government jobs, 27,724 houses with land, 27,724 households with farming land, and 27,724 children (one child per family) should be enrolled on their way to graduation. How many have been given so far? What measures are being taken by the ministry to ensure that the socioeconomic rehabilitation is being done on time, and in full?
3.2 Analysing the information in the Union Report u/s 21(4) and the state annual reports u/r 18 for the calendar year, the citizens’ vigilance and monitoring committee (CVMC) report on the implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 concludes that the daily maintenance expense at one day’s daily wage for the witnesses, victims, and their attendants is not being paid. Does the union government have any data on this? And if so, how many states have paid the minimum wages as maintenance expenses u/r 11. If not, what is the plan of the MoSJ&E to collect the data and ensure that it is paid?
3.3 Only 6 of the eligible 5,734 victims received the Dr Ambedkar Foundation instant monetary relief in 2020. How does the MoSJ&E propose to ensure better coverage?
3.4 How many persons received the instant monetary relief from the Dr Ambedkar Foundation for the years 2021 and 2022. Please give a list yearh–wise, state–wise, and the amount disbursed.
4 Under the Prevention of Atrocities Act. DySP is empowered to take action if any petition is received from Dalits in atrocity prone zone, that atrocity is likely to be committed. Government should issue circular empowering DySP to take action in this regard.
4.1
5 Group of persons who likely to commit atrocity shall be imposed with collective fine.
5.1 In Manipur the atrocities against the scheduled tribes should attract collective fines u/s16, the leaders should be externed from the district u/s10, and the forfeiture of property u/s7. How has the ministry being following up on these provisions. How many collective fines have been imposed, how many externment orders have been issued, and how many properties have been forfeited? What are the advisories the ministry has issued in this regard?
5.2 How many of the victims and their families have been covered under the Dr Ambedkar Foundation instant monetary relief u/r 15(1)(a), the statutory relief and socioeconomic rehabilitation (pensions, government jobs, houses, and education for children up to graduation) u/r 12(4) thus far? How many are eligible? By when will the coverage be provided?
6 A special Act should be brought in to prevent the killing of inter caste marriage couple.
6.1
7 Sensitisation programme for all officers including judicial officers concerned with implementation of the Act.
7.1
8 Guidelines should be issued regarding appointment of special public prosecutor and identification of atrocity prone areas.
8.1 Only four states have notified the contingency plan u/r 15(1). Has the ministry issued advisories to the other states to gazette notify their contingency plans? If not, what is the ministry’s follow–up action plan to get this rule implemented 7 years after the amendments were notified?
8.2 The ministry’s annual report u/s 21(4) notes that most of the atrocities are committed in 15 states (12 for the scheduled castes and 12 for the scheduled tribes). What is the reason for not gazette notifying the contingency plans?
8.3 Has the MoSJ&E prepared a model contingency plan for the UTs? If so, kindly furnish a copy. If not, by when will it be done?
9 All the state governments, Government of India and political parties should be given the copy of this report.
9.1
10 RTI Act and filing of PIL should be made use for better implementation of the Act.
10.1 The annual reports u/s 21(4) and the state annual reports u/r 18 received by the union government are not being uploaded on to the website of the MoSJ&E. Can the minister assure the house that the state annual reports will be uploaded within a week of receipt (last date 31 March every year), and the union report by July 31 each year.
10.2 The website of the Dr Ambedkar Foundation has been down since February 2023. When will it be up again.
10.3 The Crime in India 2022 report of the National Crime Records Bureau has not yet been released, despite computerisation and faster communication. Can the union minister of home affairs inform the house of the reasons for delay and the date when it will be released? (Ministry of Home Affairs).
11 Creation of awareness. Government shall fund NGOs for the creation of awareness-among the non-SC/ST population also regarding implementation of the Act.
11.1 The annual reports u/s 21(4) and the state annual reports u/r 18 received by the union government do not mention any NGO being supported financially to be run awareness centres or conduct workshops, despite being mandatory u/r 3(ix). The NHRC has also recommended that there be one NGO supported per district, and one women’s NGO be supported per state. Has the ministry issued advisories to get this rule implemented 7 years after the amendments were notified?
Note:
Other than 10.3 all other questions comes under Ministry of Social Justice and Empowerment.
Dr. B Karthik Navayan 