Question : Protection to Scheduled Castes

(a) the details of Central laws in force in the country for protection and ensuring the rights of persons belonging to Scheduled Caste category including the land rights;

(b) whether the Government is aware that cases of atrocities and harassment including forcible cutting of standing crop, illegal encroachment of land, heinous crimes such as attacks, manhandling, rape and murder against the Scheduled Castes community has increased during the last few years;

(c) if so, the details thereof during each of the last three years and the current year, State-wise;

(d) whether any direction has been issued by the Court(s) in this regard, if so, the details thereof and the action taken thereon;

(e) the details of cases of atrocities against Scheduled Castes pending/disposed off in various Courts across the country during the said period, State-wise; and

(f) whether the Government proposes to amend the existing laws for the protection and welfare of the SCs, if so, the details thereof and the time by which it is likely to be done?

MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT

(SHRI VIJAY SAMPLA)
(a): An Act of Parliament namely, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities){PoA} Act, 1989, was enacted to prevent the commission of atrocities against members of Scheduled Castes(SCs) and Scheduled Tribes(STs), provide for Special Courts for the trial of such offences and relief and rehabilitation of the victims of atrocities, respectively. Under Section 3(1)(iv) and (v) of the PoA Act, there is a specific provision for imprisonment and fine for such persons not belonging to Scheduled Castes and Scheduled Tribes, who wrongfully occupied or cultivated or dispossessed the land belonging to members of SCs and STs.

(b) and (c): As per the Government of India(Allocation of Business) Rules, 1961, inter-alia, the subject matter of criminal offences against members of SCs and STs, including those under the PoA Act, is allocated to the Ministry of Home Affairs(MHA). As per the data of National Crime Records Bureau(NCRB), MHA, the number of cases relating to offences of atrocities against members of SCs registered under the PoA Act in conjunction with the IPC in the country for the years 2011, 2012 and 2013, is indicated as under:-
Year Number of cases registered relating to offences against members of SCs under the PoA Act in conjunction with the IPC
2011 33, 652

2012 33, 592

2013 39, 346





The State/Union Territory wise number of cases relating to offences against members of SCs, registered by the Police during 2011, 2012 and 2013 under the PoA Act, in conjunction with the IPC, is given in the statement at Annexure-I. Offence wise data in regard to cases registered under various sections of the PoA Act is not generated by the NCRB. Whereas the NCRB has not provided the finalized data for the year 2014, the data for ongoing year 2015, becomes due after conclusion of the year.
The following data of the NCRB relates to incidence of heinous crimes against members of Scheduled Castes, registered under relevant sections of the IPC, during 2011, 2012 and 2013:-
Sr. No. Crime Head Year
2011 2012 2013
1. Murder 673 651 676
2. Rape 1,557 1,576 2,073
3. Kidnapping & Abduction 616 490 628
4. Dacoity 36 27 45
5. Robbery 54 40 62
6. Arson 169 214 189
7. Hurt 4,247 3,855 4,901
Total 7,352 5,203
8,574

The State/Union Territory wise data in this regard, for the years during 2011, 2012 and 2013, is given in the statement at Annexure-II. Whereas the NCRB has not provided the finalized data for the year 2014, the data for ongoing year 2015, becomes due after conclusion of the year.
(d): This Ministry has not presently received any direction from a Court of Law in this regard
(e): The State/Union Territory wise number of cases related to offences against members of SCs under the PoA Act, as disposed of by the courts and pending in the courts, during the years 2011, 2012 and 2013, is given in the statement at Annexure-III.
(f): Towards amendments in the PoA Act, the Union Minister for Social Justice and Empowerment has already addressed a Notice to the Secretary General, Lok Sabha, for consideration and passing of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2014 in the Lok Sabha during the ongoing Session of Parliament, 2015. The proposed amendments broadly cover the following five areas:-
I. Amendments to Chapter II (Offences of Atrocities) to include new definitions, to re-phrase existing sections and expand the scope of presumptions

II. Institutional Strengthening

III. Appeals

IV. Establishing Rights of Victims and Witnesses

V. Strengthening preventive measures

The objective of proposed amendments in the PoA Act is to deliver members of SCs and STs, greater justice as well as be an enhanced deterrent to the offenders.