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The National Conference on Prevention of Atrocities against Scheduled Castes and Scheduled Tribes has called for reforming the judicial system and functioning of the police. Inaugurating the Conference, here today, the Social Justice and Empowerment Minister Smt. Meira Kumar said that there are serious flaws in the system and the special judicial mechanism to deliver speedy justice does not appear to be functioning well. She said that despite setting up of designated and exclusive special courts in various states, on an average 75 per cent to over 77 per cent cases remain pending. Smt. Kumar also expressed concern over the low conviction rate of 3.75% in cases registered under Protection of Civil Rights Act, 1955 and 12.96% under the SC & ST (Prevention of Atrocities) Act 1989, as against 40% conviction rate in cases registered under IPC. She called for intervention by the State Government to ensure effective handling of cases and initiate disciplinary action against officers showing neglect or dereliction of duty. Smt. Kumar announced several initiatives by her Ministry to effectively implement the PCR and POA Acts. These include matching central assistance to state governments for financing NGOs working for getting relief in atrocities prone areas, initiating national award for outstanding work in eradication of untouchability and combating offenses of atrocities and setting up of Help Line for affected persons to facilitate access to police authorities for timely registration of FIR and instant action thereon.
Delivering the key note address, the Home Minister Shri Shivraj Patil said that the Government will not accept improper recording of FIR and delay in investigation of atrocity cases of against SCs and STs. He said delay in trial of such cases adversely affects morale of the victims. He sought adequate attention of State Governments in this regard and said that, if need be, laws can be changed. Shri Patil impressed upon the state Government to set up special courts in order to reduce pendency of cases registered under PCR and POA Acts. He said that the Presiding Officer of the courts might also be imparted training in skills and attitudinal change towards members of SC/ST communities. He said that his Ministry would welcome measures to evolve a computerized system of monitoring and review of cases as well as improvement in the criminal justice system. Other measures suggested by the Home Minister include deployment of female police personnels in each police station especially in atrocity prone areas, visit of place of occurrence of serious offences of atrocities by District Superintendent of Police and periodic review of police protection arrangements for the atrocity victims and their families.
The Law Minister Shri H.R. Bhardwaj said that special mechanism of criminal justice needs to be set up on priority to deal with offences of atrocities against SCs & STs. Describing atrocities as a big disaster, the Law Minister said that it has to be done in a package form with disaster management zeal. Shri Bhardwaj said that the police reforms should be carried out so that police become a source of help to the weaker sections. He said that FIR, which is basic, should be promptly registered and trial must be immediately launched after completion of investigation within two to three days. He offered all help of his Ministry in this regard. The day-long conference is being attended by Minister of State for Social Justice and Empowerment Smt. Subbulakshmi Jagdeesan, senior officials of the SJ&E Ministry and the concerned State Ministers and nodal secretaries as well as heads of Protection of Civil Rights Cells in State Governments.
The Protection of Civil Rights Act, 1955 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been enacted to prevent atrocities against the SCs/STs and provide relief to victims.
13 States have been identified as atrocity prone. 133 Special Courts have been set up in 10 states for speedy trial of cases under the POA, Act. All states (except Arunachal Pradesh, Mizoram and Nagaland) have notified the existing Sessions Courts for trial of offences under POA, Act. Special Cells have been set up in 17 States/UTs for implementation of the Act.
As per the available statistics on crimes against SCs and STs, the IPC crimes against SCs have increased from 17471 in 1998 to 21719 in 2002. In the case of STs the IPC crimes have increased from 3517 to 4927 during this period. Crimes under the PCR Act and POA Act committed against SCs have increased from 724 and 7443 to 1018 and 10770 respectively during this period, while in case of STs these crimes decreased from 50 to 47 under the PCR Act while it increased from 709 to 1800 under the POA Act.
MLD/UB….SJE-49(SC national conference)Jan-11
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