The report discusses the mandate of the Commission and atrocities on Scheduled Tribes. It mentions Rule 16 of the SCS & STS (POA) Rules, 1995, which requires the Director/Dy. Director of the Regional office of the Commission to be a member of the State Level Vigilance Committee to monitor cases of atrocities on STS under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The Commission’s duties, as stated in Clause 5 of Article 338A of the Constitution, include investigating and monitoring matters related to safeguards provided for Scheduled Tribes under the Constitution or any other law. This also includes inquiries into specific complaints regarding the deprivation of rights and safeguards of the Scheduled Tribes, including atrocities.
The report outlines the procedure adopted by the Commission in dealing with atrocity-related complaints. It emphasizes time-bound guidelines for handling these complaints, requesting reports from state authorities within stipulated periods, conducting objective examinations, and on-the-spot inquiries when necessary. It also highlights the importance of prompt action and relief for victims and their families.
The analysis section presents data on the number of atrocity-related cases received by the Commission and its Regional Offices, categorized by different types of atrocities. It notes that delays in investigation adversely impact the outcome and rate of success in court, affecting relief and rehabilitation for the victims.
The report recommends that state and district authorities cooperate with the Commission promptly and furnish required information. It also calls for regular meetings of State Level and District Level Vigilance & Monitoring Committees to review the implementation of provisions and timely support for victims of atrocities.
The report provides an analysis of crimes committed against Scheduled Tribes in India during 2015. It presents data on the incidence and rate of crimes against STS in different states and union territories, categorizing them by specific crimes such as murder, rape, kidnapping, and more. The report also compares crime data from 2011 to 2015 to highlight trends.
It points out that Rajasthan, Madhya Pradesh, Chhattisgarh, and Odisha have higher numbers of reported crimes against STs. The report emphasizes the need for effective measures to reduce such crimes, including awareness campaigns and efforts to promote peace and harmony among all sections of society.
The report discusses the disposal of cases under crimes committed against STS by both police and courts during 2015. It highlights the importance of faster disposal and conversion of designated courts into exclusive special courts for these cases.
Furthermore, the report recommends the establishment of more exclusive special courts for trial of crimes against Scheduled Tribes, especially in states with high incidence and pending cases. Regular monitoring of these courts is also suggested to ensure their efficiency and timely disposition of cases. The overall objective is to curb atrocities against Scheduled Tribes and protect their rights effectively.
The report highlights several general issues related to the implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It emphasizes the need for creating awareness among the public and ST population about the provisions of the Act through awareness programs, seminars, and workshops. NGOS and local bodies should be involved in these efforts.
The report suggests that timely investigation and submission of charge sheets in atrocity cases are crucial to ensure timely justice. Efforts should be made to arrest the accused promptly, especially in heinous crimes. The report also emphasizes the need for effective implementation of monetary relief and rehabilitation facilities for victims.
To improve the disposal of cases, the report recommends setting up more Exclusive Special Courts and timely training of Special Public Prosecutors. It calls for a policy to address offenses related to naxalism and deprivation of rights in certain states. The State Level Vigilance and Monitoring Committees should proactively oversee the implementation of the Act.
To address issues of witnesses becoming hostile during trials, the report suggests clear policies for payment of TA/DA to victims and witnesses. It also recommends periodic review of closed cases by the Superintendent of Police to ensure accountability for undue delays.Overall, the report urges various measures to strengthen the implementation of the Act and protect the rights of Scheduled Tribes effectively.
Name: Srijana Bhardwaj
Course & Year : 3rd year, BA. LLB
College: Gitarattan International Business School
Campus Ambassador, HRDI: Srijana Bhardwaj
Good perspective actually 👍🏻