The Scheduled Castes and Scheduled Tribes:(Prevention of Atrocities) Rules, 1995

This is further to my post dated 24.4.10 posting full text of Act  SC ST
(PREVENTION OF ATTROCITIES )ACT 1989.Now I am posting the rules framed under the
Act for the benefit of Group readers. Everybody working in the field of
protecting the rights of dalits and for eradication of untouchability, must know
the full text of The Scheduled Castes and Scheduled Tribes:(Prevention of
Atrocities) Rules, 1995 Hence I am reproducing the full Rules for the benefit of
those concerning eradication of untouchability

BY P.ESAKKIMUTHU-DISTRICT CONVENER-TN UNTOUCHABILITY ERADICATION FRONT-TUTICORIN
DISTRICT(ttnuef@gmail.com)

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APPENDIX C: The Scheduled Castes and Scheduled Tribes:(Prevention of Atrocities)
Rules, 1995
G.S.R. 316 (E), dated 31st March, 1995.- In exercise of the powers conferred by
sub-Section (1) of Sec. 23 of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act. 1989 (33 of 1989), the Central Government hereby
makes the following rules, namely:

1. Short title and commencement.-
(1) These rules may be called the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Rules, 1995.
(2) They shall come into force on the date of their publication in the Official
Gazette.
2. Definitions.-
In these rules. unless the context otherwise requires,-
(a) "Act" means the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (33 of 1989).
(b) "dependent", with its grammatical variations and cognate expressions,
includes wife, children, whether married or unmarried, dependent parents,
widowed sister, widow and children of pre-deceased son of a victim of atrocity;
(c) "identified area" means such area where State Government has reason to
believe that atrocity may take place or there is an apprehension of
re-occurrence of an offence under the Act or an area prone to victim of
atrocity;
(d) "Non-Government Organization" means a voluntary organization engaged in the
welfare activities relating to the scheduled castes and the scheduled tribes and
registered under the Societies Registration Act.- 1860 (21 of 1860) or under any
law for the registration of documents of such Organization for the time being in
force;
(e) "Schedule" means the Schedule annexed to these rules;
(f) "Section" means Section of the Act;
(g) "State Government", in relation to a Union territory, means the
Administrator of that Union territory appointed by the President under Art. 239
of the Constitution;
(h) words and expressions used herein and not defined but defined in the Act
shall have the meanings respectively assigned to them in the Act.
3. Precautionary and preventive measures.-
With a view to prevent atrocities on the Scheduled Castes and the Scheduled
Tribes the State Government shall,-
(i) identify the area where it has reason to believe that atrocity may take
place or there is an apprehension of reoccurrence of an offence under the Act ;
(ii) order the District Magistrate and Superintendent of Police or any other
officer to visit the identified area and review the law and order situation;
(iii) if deem necessary, in the identified area cancel the arm licenses of the
persons, not being member of the Scheduled Castes or Scheduled Tribes, their
near relations, servants or employees and family friends and get such arms
deposited in the Government Armory;
(iv) seize all illegal fire-arms and prohibit any illegal manufacture of
fire-arms;
(v) with a view to ensure the safety of person and property, if deem necessary,
provide arms licenses to the members of the Scheduled Castes and the Scheduled
Tribes;
(vi) constitute a high power State-level committee, district and divisional
level committees or such number of other committees as deem proper and necessary
for assisting the Government in implementation of the provisions of the Act.
(vii) set up a vigilance and monitoring committee to suggest effective measures
to implement the provisions of the Act;
(viii) set up Awareness Centers and organize Workshops in the identified area or
at some other place to educate the persons belonging to the Scheduled Castes and
the Scheduled Tribes about their rights and the protection available to them
under the provisions of various Central and State enactments or rules,
regulations and schemes framed thereunder;
(ix) encourage Non-Government Organizations for establishing and maintaining
Awareness Centers and organizing Workshops and provide them necessary financial
and other sort of assistance;
(x) deploy special police force in the identified area;
(xi) by the end of every quarter, review the law and order situation,
functioning of different committees, performance of Special Public Prosecutors,
Investigating Officers and other Officers responsible for implementing the
provisions of the Act and the cases registered under the Act.
4. Supervision of prosecution and submission of report.-
(1) The State Government on the recommendation of the District Magistrate shall
prepare for each District a panel of such number of eminent senior advocates who
has been in practice for not less than seven years, as it may deem necessary for
conducting cases in the Special Courts. Similarly, in consultation with the
Director-Prosecution in charge of the prosecution, a panel of such number of
Public Prosecutors as it may deem necessary for conducting cases in the Special
Courts, shall also be specified. Both these panels shall be notified in the
Official Gazette of the State and shall remain in force for a period of three
years.
(2) The District Magistrate and the Director of prosecution in charge of the
prosecution shall review at least twice in a calendar year, in the month of
January and July, the performance of Special Public Prosecutors so specified or
appointed and submit a report to the State Government.
(3) If the State Government is satisfied or has reason to believe that a Special
Public Prosecutor so appointed or specified has not conducted the case to the
best of his ability and with due care and caution, his name may be, for reasons
to be recorded in writing, denotified.
(4) The District Magistrate and the Officer-in-charge of the prosecution at the
District level, shall review the position of cases registered under the Act and
submit a monthly report on or before 20th day of each subsequent month to the
Director of Prosecution and the State Government. This report shall specify the
actions taken/proposed to be taken in respect of investigation and prosecution
of each case.
(5) Notwithstanding anything contained in sub-rule (1) the District Magistrate
or the Sub-Divisional Magistrate may, if deem necessary or if so desired by the
victim of atrocity engage an eminent Senior Advocate for conducting cases in the
Special Courts on such payment of fees as he may consider appropriate.
(6) Payment of fee to the Special Public Prosecutor shall be fixed by the State
Government on a scale higher than the other panel advocates in the State.
5. Information to Police Officer in-charge of a Police Station.-
(1) Every information relating to the commission of an offence under the Act, if
given orally to an officer in-charge of a police station shall be reduced to
writing by him or under his direction. and be read over to the informant, and
every such information, whether given in writing or reduced to writing as
aforesaid, shall be signed by the persons giving it, and the substance thereof
shall be entered in a book to be maintained by that police station.
(2) A copy of the information as so recorded under sub-rule (1) above shall be
given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a
police station to record the information referred in sub-rule (1) may send the
substance of such information, in writing and by post, to the Superintendent of
Police concerned who after investigation either by himself or by a police
officer not below the rank of Deputy Superintendent of Police, shall make an
order in writing to the officer in-charge of the concerned police station to
enter the substance of that information to be entered in the book to be
maintained by the police station.
6. Spot inspection by officers.-
(1) Whenever the District Magistrate or the Sub-Divisional Magistrate or any
other executive Magistrate or any police officer not below the rank of Deputy
Superintendent of Police receives an information from any person or upon his own
knowledge that an atrocity has been committed on the members of the Scheduled
Castes or the Scheduled Tribes within his jurisdiction he shall immediately
himself visit the place of occurrence to assess the extent of atrocity, loss of
life, loss and damage to the property and submit a report forthwith to the State
Government.
(2) The District Magistrate or the sub-Divisional Magistrate or any other
executive Magistrate and the Superintendent of Police, Deputy Superintendent of
Police after inspecting the place or area on the spot,-
(i) draw a list of victims, their family members and dependents entitled for
relief;
(ii) prepare a detailed report of the extent of atrocity, loss and damage to the
property of the victims;
(iii) order for intensive police patrolling in the area;
(iv) take effective and necessary steps to provide protection to the witnesses
and other sympathizers of the victims;
(v) provide immediate relief to the victims.
7. Investigating Officer.-
(1) An offence committed under the Act shall be investigated by a police officer
not below the rank of a Deputy Superintendent of Police. The investigating
officer shall be appointed by the State Government, Director-General of Police,
Superintendent of Police after taking into account his past experience, sense of
ability and justice to perceive the implications of the case and investigate it
along with right lines within the shortest possible time.
(2) The investigating officer so appointed under sub-rule (1) shall complete the
investigation on top priority within thirty days and submit the report to the
Superintendent of Police who in turn will immediately forward the report to the
Director-General of Police of the State Government.
(3) The Home Secretary and the Social Welfare Secretary to the State Government,
Director of Prosecution the officer-in-charge of Prosecution and the
Director-General of Police shall review by the end of every quarter the position
of all investigations done by the investigating officer.
8. Setting up of the Scheduled Castes and the Scheduled Tribes Protection Cell.-
The State Government shall set up a Scheduled Castes and the Scheduled Tribes
Protection Cell at the State headquarter under the charge of Director of Police,
Inspector-General of Police. This Cell shall be responsible for,-
(i) conducting survey of the identified area;
(ii) maintaining public order and tranquillity in the identified area;
(iii) recommending to the State Government for deployment of special police
force or establishment of special police post in the identified area;
(iv) making investigations about the probable causes leading to an offence under
the Act;
(v) restoring the feeling of security amongst the members of the Scheduled
Castes and the Scheduled Tribes;
(vi) informing the nodal officer and special officer about the law and order
situation in the identified area;
(vii) making enquiries about the investigation and spot inspections conducted by
various officers;
(viii) making enquiries about the action taken by the Superintendent of Police
in the cases where an officer in-charge of the police station has refused to
enter an information in a book to be maintained by that police station under
sub-rule (3) of rule 5;
(ix) making enquiries about the wilful negligence by a public servant;
(x) reviewing the position of cases registered under the Act, and
(xi) submitting a monthly report on or before 20th day of each subsequent month
to the State Government, nodal officer about the action taken proposed to be
taken, in respect of the above.
9. Nomination of Nodal Officer.-
The State Government shall nominate a nodal officer of the level of a Secretary
to the Government preferably belonging to the Scheduled Castes or the Scheduled
Tribes, for coordinating the functioning of the District Magistrates and
Superintendent of Police or other officers authorized by them investigating
officers and other officers responsible for implementing the provisions of the
Act. By the end of the every quarter, the nodal officer shall review,-
(i) the reports received by the State Government under sub-rules (2) and (4) of
rule 4, rule 6, Cl. (xi) of rule 8.
(ii) the position of cases registered under the Act;
(iii) law and order situation in the identified area;
(iv) various kinds of measures adopted for providing immediate relief in cash or
kind or both to the victims of atrocity or his or her dependent;
(v) adequacy of immediate facilities like rationing, clothing, shelter, legal
aid, travelling allowance, daily allowance and transport facilities provided to
the victims of atrocity of his/her dependents;
(vi) performance of non-Governmental organizations, the Scheduled Castes and the
Scheduled Tribes Protection Cell, various committees and the public servants
responsible for implementing the provisions of the Act.
10. Appointment of a Special Officer.-
In the identified area a Special Officer not below the rank of an Additional
District Magistrate shall be appointed to co-ordinate with the District
Magistrate, Superintendent of Police or other officers responsible for
implementing the provisions of the Act, various committees and the Scheduled
Castes and the Scheduled Tribes Protection Cell.
The Special Officer shall be responsible for:
(i) providing immediate relief and other facilities to the victims of atrocity
and initiate necessary measures to prevent or avoid re-occurrence of atrocity;
(ii) setting up an awareness center and organizing workshop in the identified
area or at the District headquarters to educate the persons belonging to the
Scheduled Castes and the Scheduled Tribes about their rights and the protection
available to them under the provisions of various Central and State enactments
or rules and schemes, etc. framed therein;
(iii) coordinating with the non-governmental organizations and providing
necessary facilities and financial and other type of assistance to
non-governmental organizations for maintaining centers or organizing workshops.
11. Travelling allowances, daily allowance, maintenance expenses and transport
facilities to the victim atrocity, his or her dependent and witnesses.–
(1) Every victim of atrocity or his/her dependent and witnesses shall be paid to
and for rail fare by second class in express / mail/ passenger train or actual
bus of taxi fare from his / her place of residence or actual bus or taxi fare
from his /her place of residence or place of stay to the place of investigation
or hearing of trial of an offence under the Act.
(2) The District Magistrate or the Sub-Divisional Magistrate or any other
Executive Magistrate shall make necessary arrangements for providing transport
facilities or reimbursement of full payment thereof to the victims of atrocity
and witnesses for visiting the investigating officer, Superintendent of
Police/Deputy Superintendent of Police, District Magistrate or any other
Executive Magistrate.
(3) Every woman witness, the victim of atrocity or her dependent being a woman
or a minor, a person more than sixty years of age and a person having 40 per
cent or more disability shall be entitled to be accompanied by an attendant of
her/ his choice. The attendant shall also be paid travelling and maintenance
expenses as applicable to the witness or the victim of atrocity when called upon
during hearing, investigation and trial of an offence under the Act.
(4) The witness, the victim of atrocity or his/her dependent and the attendant
shall be paid daily maintenance expenses for the days he/she is away from the
place of his/her residence or stay during investigation, hearing and trial of an
offence, at such rates but not less than the minimum wages, as may be fixed by
the State Government for the agricultural laborers.
(5) In additional to daily maintenance expenses the witness' the victim of
atrocity (or his/her dependent) and the attendant shall also be paid diet
expenses at such rates as may be fixed by the State Government from time to
time.
(6) The payment of travelling allowance, daily allowance, maintenance expenses
and reimbursement of transport facilities shall be made im mediately or not
later than three days by the District Magistrate or theSub-Divisional Magistrate
or any other Executive Magistrate to the victims, their dependents/attendant and
witnesses for the days they visit the investigating officer or in-charge police
station or hospital authorities or Superintendent of Police, Deputy
Superintendent of Police or District Magistrate or any other officer concerned
or the Special Court.
(7) When an offence has been committed under Sec. 3 of the Act, the District
Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate
shall reimburse the payment of medicines, special medical consultation, blood
transfusion, replacement of essential clothing, meals and fruits provided to the
victim(s) of atrocity.
12. Measures to be taken by the District Administration.-
(1)The District Magistrate and the Superintendent of Police shall visit the
place or area where the atrocity has been committed to assess the loss of life
and damage to the property and draw a list of victim, their family members and
dependents entitled for relief.
(2) Superintendent of Police shall ensure that the First Information Report is
registered in the book of the concerned police station and effective measures
for apprehending the accused are taken.
(3) The Superintendent of Police, after spot inspection, shall immediately
appoint an investigation officer and deploy such police force in the area and
take such other preventive measures as he may deem proper and necessary.
(4) The District Magistrate or the Sub-Divisional Magistrate or any other
Executive Magistrate shall make arrangements for providing immediate relief in
cash or in kind or both to the victims of atrocity, their family members and
dependents according to the scale as in the schedule annexed to these Rules
(Annexure-I read with Annexure-II). Such immediate relief shall also include
food, water, clothing, shelter, medical aid, transport facilities and other
essential items necessary for human beings.
(5) The relief provided to the victim of the atrocity or his /her dependent
under sub-rule (4) in respect of death, or injury to, or damage to propertyshall
be in addition to any other right to claim compensation in respect thereof under
any other law for the time being in force.
(6) The relief and rehabilitation facilities mentioned in sub-rule (4) above
shall be provided by the District Magistrate or the Sub-Divisional Magistrate or
any other Executive Magistrate in accordance with the scales provided in the
Schedule annexed to these rules.
(7) A report of the relief and rehabilitation facilities provided to the victims
shall also be forwarded to the Special Court by the District Magis trate or the
Sub-Divisional Magistrate or the Executive Magistrate or Superintendent of
Police. In case the Special Court is satisfied that the payment of relief was
not made to the victim or his/her dependent in time or the amount of relief or
compensation was not sufficient or only a part of payment of relief or
compensation was made, it may order for making in full or part the payment of
relief or any other kind of assistance.
13. Selection of Officers and other State Members for completing the work
relating to atrocity.-
(1) The State Government shall ensure that the administrative officers and other
staff members to be appointed in an area prone to atrocity shall have the right
aptitude and understanding of the problems of the Scheduled Castes and posts and
police station.
(2) It shall also be ensured by the State Government that persons from the
Scheduled Castes and the Scheduled Tribes are adequately represented in the
administration and in the police force at all levels, particularly at the level
or police posts and police station.
14. Specific responsibility of the State Government.-
The State Government shall make necessary provisions in its annual budget for
providing relief and rehabilitation facilities to the victims of atrocity. It
shall review at least twice in a calendar year, in the month of January and July
the performance of the Special Public Prosecutor specified or appointed under
Sec. 15 of the Act, various reports received, investigation made and preventive
steps taken by the District Magistrate,Sub-Divisional Magistrate and
Superintendent of Police, relief and rehabilitation facilities provided to the
victims and the reports in respect of lapses on behalf of the concerned
officers.
15. Contingency Plan by the State Government.-
(1) The State Government shall prepare a model contingency plan for implementing
the provisions of the Act and notify the same in the Official Gazette of the
State Government. It should specify the role and responsibility of various
departments and their officers at different levels, the role and responsibility
of Rural/ Urban Local Bodies and Non-Government Organizations. Inter alia this
plan shall contain a package of relief measures including the following:
(a) scheme to provide immediate relief in cash or in kind or both;
(b) allotment of agricultural land and house-sites;
(c) the rehabilitation packages;
(d) scheme for employment in Government or Government undertaking to the
dependent or one of the family members of the victim;
(e) pension scheme for widows, dependent children of the deceased, handicapped
or old age victims of atrocity;
(f) mandatory compensation for the victims;
(g) scheme for strengthening the socioeconomic condition of the victim;
(h) provisions for providing brick/stone masonry house to the victims;
(i) such other elements as health care, supply of essential commodities,
electrification, adequate drinking water facility,burial/cremation ground and
link roads to the Scheduled Castes and the Scheduled Tribes.
(2) The State Government shall forward a copy of the contingency plan or a
summary thereof and a copy of the scheme, as soon as may be, to the Central
Government in the Ministry of Welfare and to all the District Magistrates,
Sub-Divisional Magistrates, Inspectors-General of Police and Superintendents of
Police.
16. Constitution of State-level Vigilance and Monitoring Committee.-
(1) The State Government shall constitute high power vigilance and monitoring
committee of not more than 25 members consisting of the following:
(i) Chief Minister/Administrator-Chairman (in case of a State under President's
Rule Governor-Chairman).
(ii) Home Minister, Finance Minister and Welfare Minister-Members (in case of a
State under the President's Rule Advisors-Members);
(iii) all elected Members of Parliament and State Legislative As sembly and
Legislative Council from the State belonging to the Scheduled Castes and the
Scheduled Tribes- Members
(iv) Chief Secretary, the Home Secretary, the Director-General of Police,
Director/ Deputy Director, National Commission for the Scheduled Castes and the
Scheduled Tribes- Members;
(v) the Secretary in-charge of the welfare and development of the Scheduled
Castes and the Scheduled Tribes- Convener.
(2) The high power vigilance and monitoring committee shall meet at least twice
in a calendar year, in the month of January and July to review the
implementation of the provisions of the Act, relief and rehabilitation
facilities provided to the victims and other matters connected therewith,
prosecution of cases under the Act, rule of different
officers/agenciesresponsible for implementing the provisions of the Act and
various reports received by the State Government.
17. Constitution of District Level Vigilance and Monitoring Committee.-
(1) In each district within the State, the District Magistrate shall set up a
vigilance and monitoring committee in his district to review the implementation
of the provisions of the Act, relief and rehabilitation facilities provided to
the victims and other matters connected therewith, prosecution of cases under
the Act, role of different officers /agencies responsible for implementing the
provisions of the Act and various reports received by the District
Administration.
(2) The district level vigilance and monitoring committee shall consist of the
elected Members of the Parliament and State Legislative Assembly and Legislative
Council, Superintendent of Police, three-group 'A' Officers, Gazetted Officers
of the State Government belonging to the Scheduled Castes and the Scheduled
Tribes, not more than 5 non-official members belonging to the Scheduled Castes
and the Scheduled Tribes and not more than 3 members from the categories other
than the Scheduled Castes and the Scheduled Tribes having association with
Non-Government Organizations. The District Magistrate and District Social
Welfare Officer shall be Chairman and Member-Secretary respectively.
(3) The district level committee shall meet at least once in three months.
18. Material for Annual Report.-
The State Government shall every year before the 31st March, forward the report
to the Central Government about the measures taken for implementing provisions
of the Act and various schemes/plans framed by it during the previous calendar
year.
                         ANNEXURE I
                           Schedule
                        [See rule 12 (4)]

Norms for Relief Amount
Name and Section Number of Offense Minimum Amount of Relief
1. Drink or eat inedible or obnox ious substance [Sec. 3 (1)(i)]
2. Causing injury insult or annoyance
[Sec. 3 (1)(ii)]
3. Derogatory Act [Sec. 3 (1)(iii)] Rs. 25,000 or more depending upon the nature
and gravity of the offense to each victim and also commensurate with the
indignity, insult and defamation suffered by the victim. Payment to be made as
follows: 25% when the chargesheet is sent to the court; 75% when accused are
convicted by the lower court.
4. Wrongful occupation or cultiva tion of land. etc. [Sec. 3 (1)(iv)]
5. Relating to land, premises and water [Sec. 3 (1)(v)] At least Rs. 25,000 or
more depending upon the nature and gravity of the offense. The
land/premises/water supply shall be restored where necessary at Government cost.
Full payment to be made when chargesheet is sent to the Court.
6. Begar or forced of bonded labor
[(Sec. 3 (1)(vi)] At least Rs. 25,000 to each victim. Payment of 25% at First
Information Report stage and 75% on conviction in the lower court.
7. Relating to right to franchise
[Sec. 3 (1)(vii)] Up to Rs. 20,000 to each victim depending upon the nature and
gravity of offense.
8. False, malicious or vexatious legal proceedings [Sec. 3 (1)(viii)]
9. False and frivolous information
[Sec. 3 (1)(ix)] Rs. 25,000 or reimbursement of actual legal expenses and
damages whichever is less after conclusion of the trial of the accused.
10. Insult, intimidation and humilia tion [Sec. 3 (1)(x)] Up to Rs. 25,000 to
each victim depending upon the nature of the offense. Payment of 25% when
chargesheet is sent to the court and the rest on conviction.
11. Outraging the modesty of a woman [Sec. 3 (1)(xi)]
12. Sexual exploitation of a woman
[Sec. 3 (1)(xii)] Rs. 50,000 to each victim of the offense. 50% of the amount
may be paid after medical examination and remaining 50% at the conclusion of the
trial.
13. Fouling of water [Sec. 3 (1)(xiii)] Up to Rs. 1,00,000 or full cost of
restoration of normal facility, including cleaning when the water is fouled.
Payment may be made at the stage as deemed fit by District Administration.
14. Denial of customary rights of passage [Sec. 3 (1)(xiv)] Up to Rs. 1,00,000
or full cost of restoration of right of passage and full compensation of the
loss suffered, if any. Payment of 50% when chargesheet is sent to the court and
50% on conviction in lower court.
15. Deserting one from their place of residence [Sec. 3 (1)(xv)] Restoration of
the site/right to stay and compensation of Rs. 25,000 to each victim and
reconstruction of the house at Govt. cost, if destroyed. To be paid in full when
chargesheet is sent to the lower court.
16. Giving false evidence [Sec. 3(2)(i) and (ii)] At least Rs. 1,00,000 or full
compensation of the loss or harm sustained. 50% to be paid when chargesheet is
sent to Court and 50% on conviction by the lower court.
17. Committing offences under the Indian Penal Code punishable with imprisonment
for a term of 10 years or more [Sec. 3(2)] At least Rs. 50,000 depending upon
the nature and gravity of the offense to each victim and or his dependents. The
amount would vary if specifically provided for otherwise in the Schedule.
18. Victimization at the hands public servant [Sec. 3 (2)] Full compensation on
account of damages or loss or harm sustained. 50% to be paid when chargesheet is
sent to the Court and 50% on conviction by lower court.
19. Disability.
(a) 100% incapacitation.
(i) Non-earning member of a family.
(ii) Earning member of a family.
(b) Where incapacitation is less than 100%. -At least Rs. 1,00,000 to each
victim of offense. 50% on FIR and 25% at chargesheet and 25% on conviction by
the lower court.
-At least Rs. 2,00,000 to each victim of offense. 50% to be paid on FIR/medical
examination stage, 25% when chargesheet sent to court and 25% at conviction in
lower.
-The rates are laid down in (i) and (ii) above shall be reduced in the same
proportion, the stages of payment also being the same. However, not less than
Rs. 15,000 to a non-earning member and not less than Rs. 30,000 to an earning
member of the family.
20. Murder/Death
(a) Non-earning member of a family.
(b) Earning member of a family. -At least Rs. 1,00,000 to each case. Payment of
75% after postmortem and 25% on conviction by the lower court.
-At least Rs. 2,00,000 to each case. Payment of 75% after postmortem and 25% on
conviction by the lower court.
21. Victim of murder, death, massacre, rape, mass rape and gang rape, permanent
incapacitation and dacoity. In addition to relief amount paid under above items,
relief may be arranged within three months of date of atrocity as follows:
(i) Pension to each widow and/or other dependents of deceased SC/ST at Rs. 1,000
per month, or employment to one member of the family of the deceased, or
provision of agricultural land, a house, if necessary by outright purchase.
(ii) Full cost of the education and maintenance of the children of the victims.
Children may be admitted to the Ashram Schools/residential schools.
(iii) Provision of utensils, rice, wheat, dals, pulses, etc. for a period of
three months.
22. Complete destruction/ burnt houses. Brick/stone masonry house to be
constructed or provided at Government cost where it has been burnt or destroyed.


BY P.ESAKKIMUTHU-DISTRICT CONVENER-TN UNTOUCHABILITY ERADICATION FRONT-TUTICORIN
DISTRICT(ttnuef@gmail.com)

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989

Everybody working in the field of protecting the rights of dalits and for eradication of untouchability, must know the full text of SC ST (PREVENTION OF ATTROCITIES )ACT 1989.Hence I am reproducing the full Act for the benefit of those concerning eradication of untouchability

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THE SCHEDULED CASTES AND THE 

SCHEDULED TRIBES (PREVENTION OF 

ATROCITIES) ACT, 1989 

[Act No. 33 of 1989 dated 11th September, 1989] 

CHAPTER I: PRELIMINARY 

1. Short title, extent and commencement 

2. Definitions 

CHAPTER II: OFFENCES OF ATROCITIES 

3. Punishments for offences of atrocities 

4. Punishment for neglect of duties 

5. Enhanced punishment for subsequent conviction 

6. Application of certain provisions of the Indian Penal Code 

7. Forfeiture of property of certain persons 

8. Presumption as to offences 

9. Conferment of powers 

CHAPTER III: EXTERNMENT 

10. Removal of person likely to commit offence 

11. Procedure on failure of person to remove himself from area and enter thereon after 

removal 

12. Taking measurements and photographs, etc., of persons against whom order under 

section 10 is made 

13. Penalty for non-compliance of order under section 10 

 CHAPTER IV: SPECIAL COURTS 

14. Special Court 

15. Special Public Prosecutor 

CHAPTER V: MISCELLANEOUS 

16. Power of State Government to impose collective fine 

17. Preventive action to be taken by the law and order machinery 

18. Section 438 of the Code not to apply to persons committing an offence under the Act 

19. Section 360 of the Code or the provisions of the Probation of Offenders Act not to 

apply to persons guilty of an offence under the Act 

20. Act to override other laws 

21. Duty of Government to ensure effective implementation of the Act 

22. Protection of action taken in good faith 

23. Power to make rules 

Foot Notes 

  

An Act to prevent the commission of offences of atrocities against the members of the 

Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of 

such offences and for the relief and rehabilitation of the victims of the such offences and 

for matters connected therewith or incidental thereto. 

Be it enacted by Parliament in the Fortieth Year of the Republic of India as follows: - 

CHAPTER I: PRELIMINARY 

1. Short title, extent and commencement 

    (1) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention 

of Atrocities) Act, 1989. 

    (2) It extends to the whole of India except the State of Jammu and Kashmir. 

    (3) It shall come into force on such date1

 as the Central Government may, by 

notification in the Official Gazette, appoint. 

2. Definitions 

    (1) In this Act, unless the context otherwise requires,- 

        (a) "atrocity" means an offence punishable under section 3; 

        (b) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974); 

        (c) "Scheduled Castes and Scheduled Tribes" shall have the meanings assigned to 

them respectively under clause (24) and clause (25) of article 366 of the Constitution; 

        (d) "Special Court" means a Court of Session specified as a Special Court in section 

14; 

        (e) "Special public Prosecutor" means a Public Prosecutor specified as a Special 

Public Prosecutor or an advocate referred to in section 15; 

        (f) words and expressions used but not defined in this Act and defined in the Code 

or the Indian Penal Code (45 of 1860) shall have the meanings assigned to them 

respectively in the Code, or as the case may be, in the Indian Penal Code. 

    (2) Any reference in this Act to any enactment or any provision thereof shall, in 

relation to an area in which such enactment or such provision is not in force, be 

construed as a reference to the corresponding law, if any, in force in that area. 

  

CHAPTER II: OFFENCES OF ATROCITIES 

3. Punishments for offences of atrocities 

    (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,- 

        (i) forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any 

inedible or obnoxious substance; 

        (ii) acts with intent to cause injury, insult or annoyance to any member of a 

Scheduled Caste or a Scheduled Tribe by dumping excreta, waste matter, carcasses or 

any other obnoxious substance in his promises or neighbourhood; 

        (iii) forcibly removes clothes from the person of a member of a Scheduled Caste or 

a Scheduled Tribe or parades him naked or with painted face or body or commits any 

similar act which is derogatory to human dignity; 

        (iv) wrongfully occupies or cultivates any land owned by, or allotted to, or notified 

by any competent authority to be allotted to, a member of a Scheduled Caste or a 

Scheduled Tribe or gets the land allotted to him transferred; 

        (v) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe 

from his land or premises or interferes with the enjoyment of his rights over any land, 

premises or water; 

        (vi) compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do 

'begar' or other similar forms of forced or bonded labour other than any compulsory 

service for public purposes imposed by Government; 

        (vii) forces or intimidates a member. of a Scheduled Caste or a Scheduled Tribe not 

to vote or to vote to a particular candidate or to vote in a manner other than that 

provided by law; 

        (viii) institutes false, malicious or vexatious suit or criminal or other legal 

proceedings against a member of a Scheduled Caste or a Scheduled Tribe;  

        (ix) gives, any false or frivolous information to any public servant and thereby 

causes such public servant to use his lawful power to the injury or annoyance of a 

member of a Scheduled Caste or a Scheduled Tribe; 

        (x) intentionally insults or intimidates with intent to humiliate a member of a 

Collected by the All India Christian Council, www.christiancouncil.in Page 3 of 10 

Scheduled Caste or a Scheduled Tribe in any place within public view; 

        (xi) assaults or uses force to any woman belonging to a Scheduled Caste or a 

Scheduled Tribe with intent to dishonour or outrage her modesty; 

        (xii) being in a position to dominate the will of a woman belonging to a Scheduled 

Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she 

would not have otherwise agreed; 

        (xiii) corrupts or fouls the water of any spring, reservoir or any other source 

ordinarily used by members of the Scheduled Castes or the Scheduled Tribes so as to 

render it less fit for the purpose for which it is ordinarily used; 

        (xiv) denies a member of a Scheduled Caste or a Scheduled Tribe any customary 

right of passage to a place of public resort or obstructs such member so as to prevent 

hint from using or having access to a place of public resort to which other members of 

public or any section thereof have a right to use or access to; 

        (xv) forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave 

his house, village or other place of residence,  

shall be punishable with imprisonment for a term which shall not be less than six months 

but which may extend to five years and with fine. 

    (2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,- 

        (i) gives or fabricates false evidence intending thereby to cause, or knowing it to be 

likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe 

to be convicted of an offence which is capital by the law for the time being in force shall 

be punished with imprisonment for life and with fine; and if an innocent member of a 

Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of such 

false or fabricated evidence, the person who gives or fabricates such false evidence, shall 

be punished with death; 

        (ii) gives or fabricates false evidence intending thereby to cause, or knowing it to 

be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled 

Tribe to be convicted of an offence which is not capital but punishable with imprisonment 

for a term of seven years or upwards, shall be punishable with imprisonment for a term 

which shall not be less than six months but which may extend to seven years or upwards 

and with fine; 

        (iii) commits mischief by fire or any explosive substance intending to cause or 

knowing it to be likely that he will thereby cause damage to any property belonging to a 

member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with 

imprisonment for a term which shall not be less than six months but which may extend 

to seven years and with fine;  

        (iv) commits mischief by fire or any explosive substance intending to cause or 

knowing it to be likely that he will thereby cause destruction of any building which is 

ordinarily used as a place of worship or as a place for human dwelling or as a place for 

custody of the property by a member of a Scheduled Caste or a Scheduled Tribe, shall 

be punishable with imprisonment for life and with fine; 

        (v) commits any offence under the Indian Penal Code (45 of 1860) punishable with 

imprisonment for a term of ten years or more against a person or property on the 

ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such 

property belongs to such member, shall be punishable with imprisonment for life and 

with fine; 

        (vi) knowingly or having reason to believe that an offence has been committed 

under this Chapter, causes any evidence of the commission of that offence to disappear 

with the intention of screening the offender from legal punishment, or with that intention 

gives any information respecting the offence which he knows or believes to be false, 

shall be punishable with the punishment provided for that offence; or 

        (vii) being a public servant, commits any offence under this section, shall be 

punishable with imprisonment for a term which shall not be less than one year but which 

may extend to the punishment provided for that offence. 

4. Punishment for neglect of duties 

Whoever, being a public servant but not being a member of a Scheduled Caste or a 

Scheduled Tribe, wilfully neglects his duties required to be performed by him under this 

Act, shall be punishable with imprisonment for a term shall not be than six months but 

which may extend to one year. 

5. Enhanced punishment for subsequent conviction 

Whoever, having already been convicted of an offence under this Chapter is convicted for 

the second offence or any offence subsequent to second offence, shall be punishable 

with imprisonment for a term which shall not be less than one year but which may 

extend to the punishment provided for that offence. 

6. Application of certain provisions of the Indian Penal Code 

Subject to the other provisions of this Act, the provisions of section 34, Chapter III, 

Chapter IV, Chapter V, Chapter VA, section 149 and Chapter XXIII of the Indian Penal 

Code (45 of 1860), shall, so far as may be, apply for the purposes of this Act as they 

apply for the purposes of the Indian Penal Cede. 

7. Forfeiture of property of certain persons 

(1) Where a person has been convicted of any offence punishable under this Chapter, 

the Special Court may, in addition to awarding any punishment, by order in writing, 

declare that any property, movable or immovable or both, belonging to the person, 

which has been used for the commission of that offence, shall stand forfeited to 

Government. 

(2) Where any person is accused of any offence under this Chapter, it shall be open to 

the Special Court trying him to pass an order that all or any of the properties, movable 

or immovable or both, belonging to him, shall, during the period of such trial, be 

attached , and where such trial ends in conviction, the property so attached shall be 

liable to the extent it is required for the purpose of realisation of any fine imposed under 

this chapter. 

8. Presumption as to offences 

In a prosecution for an offence under this Chapter, if it is proved that- 

    (a) the accused rendered any financial assistance to a person accused of, or 

reasonably suspected of committing, an offence under this Chapter, the Special Court 

shall presume, unless the contrary is proved, that such person had abetted the offence; 

    (b) a group of persons committed an offend under this Chapter and if it is proved that 

the offence committed was a sequel to any existing dispute regarding land or any other 

matter, it shall be presumed that the offence was committed in furtherance of the 

common intention or in prosecution of the common object. 

9. Conferment of powers 

    (1) Notwithstanding anything contained in the Code or in any other provision of this 

Act, the State Government may, if it considers it necessary or expedient so to do,- 

        (a) for the prevention of and for coping with any offence under this Act, or 

        (b) for any case or class or group of cases under this Act, 

in any district or part thereof, confer, by notification in the Official Gazette, on any 

officer of the State Government, the powers exercisable by a police officer under the 

Code in such district or part thereof or, as the case may be, for such case or class or 

group of cases, and in particular the powers of arrest, investigation and prosecution of 

persons before any Special Court. 

    (2) All officers of police and all other officers of Government shall assist the officer 

referred to in sub-section (1) in the execution of the provisions of this Act or any rule, 

scheme or order made thereunder. 

    (3) The provisions of the Code shall, so far as may be, apply to the exercise of the 

powers by an officer under sub-section (1). 

  

CHAPTER III: EXTERNMENT 

10. Removal of person likely to commit offence 

    (1) Where the Special Court is satisfied, upon a complaint or a police report that a 

person is likely to commit an offence under Chapter II of this Act in any area included in 

‘Scheduled Area’ or ‘tribal areas’, as referred to in article 244 of the Constitution, it may, 

by order in writing, direct such person to remove himself beyond the limits of such area, 

by such route and within such time as may be specified in the order, and not to return to 

that area from which he was directed to remove himself for such period, not exceeding 

two years, as may he specified in the order. 

    (2) The Special Court shall, along with the order under sub-section (1), communicate 

to the person directed under that sub-section the grounds on which such order has been 

made. 

    (3) The Special Court may revoke or modify the order made under sub-section (1), 

for the reasons to be recorded in writing, on the representation made by the person 

against whom such order has been made or by any other person on his behalf within 

thirty days from the date of the order. 

11. Procedure on failure of person to remove himself from area 

and enter thereon after removal  

    (1) If a person to whom a direction has been issued under section 10 to remove 

himself from any area- 

        (a) fails to remove himself as directed; or 

        (b) having so removed himself enters such area within the period specified in the 

order, 

otherwise than with the permission in writing of the Special Court under sub-section (2), 

the Special Court may cause him to be arrested and removed in police custody to such 

place outside such area as the Special Court may specify. 

    (2) The Special Court may, by order in writing, permit any person in respect of whom 

an order under section 10 has been made, to return to the area from which he was 

directed to remove himself for such conditions as may be specified in such order and 

may required him to execute a bond with or without surety for the due observation of 

the conditions imposed. 

    (3) The Special Court may at any time revoke any such permission. 

    (4) Any person who, with such permission, returns to the area from which he was 

directed to remove himself shall observe the conditions imposed, and at the expiry of the 

temporary period for which he was permitted to return, or on the revocation of such 

permission before the expiry of such temporary period, shall remove himself outside 

such area and shall not return thereto within the unexpired portion specified under 

section 10 without a fresh permission. 

    (5) If a person fails to observe any of the conditions imposed or to remove himself 

accordingly or having so removed himself enters or returns to such area without fresh 

permission the Special Court may cause him to be arrested and removed in police 

custody to such place outside such area as the Special Court may specify. 

12. Taking measurements and photographs, etc., of persons 

against whom order under section 10 is made 

    (1) Every person against whom an order has been made under section 10 shall, if so 

required by the Special Court, allow his measurements and photographs to be taken by a 

police officer. 

    (2) If any person referred to in sub-section (1), when required to allow his 

measurements or photographs to be taken resists or refuses to allow his taking of such 

measurements or photographs, it shall be lawful to use all necessary means to secure 

the taking thereof. 

    (3) Resistance to or refusal to allow the taking of measurements or photographs 

under sub-section (2) shall be deemed to be an offence under section 186 of the Indian 

Penal Code (45 of 1860). 

    (4) Where an order under section 10 is revoked, all measurements and photographs Collected by the All India Christian Council, www.christiancouncil.in Page 7 of 10 

(including negatives) taken under sub-section (2) shall be destroyed or made over to the 

person against whom such order is made. 

13. Penalty for non-compliance of order under section 10 

Any person contravening an order of the Special Court made under section 10 shall be 

punishable with imprisonment for a term which may extend to one year and with fine. 

  

CHAPTER IV: SPECIAL COURTS 

14. Special Court 

For the purpose of providing for speedy trial, the State Government shall, with the 

concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, 

specify for each district a Court of Session to be a Special Court to try the offences under 

this Act. 

15. Special Public Prosecutor 

For every Special Court, the State Government shall, by notification in the Official 

Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as 

an advocate for not less than seven years, as a Special Public Prosecutor for the purpose 

of conducting cases in that Court. 

CHAPTER V: MISCELLANEOUS 

16. Power of State Government to impose collective fine 

The provisions of section 10A of the Protection of Civil Rights Act, 1955 (22 of 1955) 

shall, so far as may be, apply for the purposes of imposition and realisation of collective 

fine and for all other matters connected therewith under this Act. 

17. Preventive action to be taken by the law and order machinery 

    (1) A District Magistrate or a Sub-divisional Magistrate or any other Executive 

Magistrate or any police officer not below the rank of a Deputy Superintendent of Police 

may, on receiving information and after such inquiry as he may think necessary, has 

reason to believe that a person or a group of persons not belonging to the Scheduled 

Castes or the Scheduled Tribes, residing in or frequenting any place within the local 

limits of his jurisdiction is likely to commit an offence or has threatened to commit any 

offence under this Act and is of the opinion that there is sufficient ground for proceeding, 

declare such an area to be an area prone to atrocities and take necessary action for 

keeping the peace and good behaviour and maintenance of public order and tranquillity 

and may take preventive action. 

    (2) The provisions of Chapters VIII, X and XI of the Code shall, so far as may be, 

apply for the purposes of sub-section (1). 

    (3) The State Government may, by notification in the Official Gazette, make one or 

more schemes specifying the manner in which the officers referred to in sub-section (1) 

shall take appropriate action specified in such scheme or schemes to prevent atrocities 

and to restore the feeling of security amongst the members of the Scheduled Castes and 

the Scheduled Tribes. 

18. Section 438 of the Code not to apply to persons committing an 

offence under the Act 

Nothing in section 438 of the Code shall apply in relation to any case involving the arrest 

of any person on an accusation of having committed an offence under this Act. 

19. Section 360 of the Code or the provisions of the Probation of 

Offenders Act not to apply to persons guilty of an offence under 

the Act 

The provisions of section 360 of the Code and the provisions of the Probation of 

Offenders Act, 1958 (20 of 1958) shall not apply to any person above the age of 

eighteen years who is found guilty of having committed an offence under this Act. 

20. Act to override other laws 

Save as otherwise provided in this Act, the provision of this Act shall have effect 

notwithstanding anything inconsistent therewith contained in any other law for the time 

being in force or any custom or usage or any instrument having effect by virtue of any 

such law. 

21. Duty of Government to ensure effective implementation of the 

Act 

    (1) Subject to such rules as the Central Government may make in this behalf, the 

State Government shall take such measures as may be necessary for the effective 

implementation of this Act. 

    (2) In particular, and without prejudice to the generality of the foregoing provisions, 

such measures may include,- 

        (i) the provision for adequate facilities, including legal aid, to the persons subjected 

to enable them to avail themselves of justice; 

        (ii) the provision for travelling and maintenance expenses to witnesses, including 

the victims of atrocities, during investigation and trial of offence under this Act; 

        (iii) the provision for the economic and social rehabilitation of the victims of the 

atrocities; 

        (iv) the appointment of officers for initiating or exercising supervision over 

prosecutions for the contravention of the provisions of this Act; 

        (v) the setting up of committees at such appropriate levels as the State 

Government may think fit to assist that Government in formulation or implementation of 

such measures; 

        (vi) provision for a periodic survey of the working of the provisions of this Act with 

a view to suggesting measures for the better implementation of the provisions of this 

Act; 

        (vii) the identification of the areas where the members of the Scheduled Castes 

and the Scheduled Tribes are likely to be subjected to atrocities and adoption of such 

measures so as to ensure safety for such members. 

    (3) The Central Government shall take such steps as may be necessary to co-ordinate 

the measures taken by the State Governments under sub-section (1). 

    (4) The Central Government shall, every year, place on the table of each House of 

Parliament a report on the measures taken by itself and by the State Governments in 

pursuance of the provisions of this section. 

22. Protection of action taken in good faith 

No suit, prosecution or other legal proceedings shall lie against the Central Government 

or against the State Government or any officer or authority of Government or any other 

person for anything which is in good faith done or intended to be done under this Act. 

23. Power to make rules 

    (1) The Central Government may, by notification in the Official Gazette, make rules 

for carrying out the purposes of this Act. 

    (2) Every rule made under this Act shall be laid, as soon as may be after it is made, 

before each House of Parliament, while it is in session for a total period of thirty days 

which may be comprised in one session or in two or more successive sessions, and if, 

before the expiry of the session immediately following the session or the successive 

sessions aforesaid, both Houses agree in making any modification in the rule or both 

Houses agree that the rule should not be made, the rule shall thereafter have effect only 

in such modified form or be of no effect, as the case may be; so , however, that any 

such modification or annulment shall be without prejudice to the validity of anything 

previously done under that rule. 

Foot Notes 

1.  The appointed date is 30th. January, 1990 vide Notification No. S.O. 106(E), dated 

29th. January, 1990. 

Source: http://www.indialawinfo.com/bareacts/mainbare.html 

Download date: July 20, 2006 

NHRC AND NCSC SEIZED OF THE ISSUE OF BURIAL GROUNDS OF DALITS OF SORISPURAM,TUTICORIN

NHRC AND NCSC SEIZED OF THE ISSUE OF BURIAL GROUNDS OF DALITS OF SORISPURAM,TUTICORIN

Nearly 170 families of dalit (Schedule Caste)community belonging to Pallar Section, residing in Sorispuram ,near Collectorate of Tuticorin are making use of the burial ground located near the main road to office of SP and banks of Buckle Odai covering an area of 100 cents.for the last 75 years .All of a sudden some vested interest people claimed the entire land of the burial ground as their own land thus denying entry into the burial grounds. Tamilnadu Untouchability Eradication Front (TNUEF) of Tuticorin district took up the matter , sent complaints to National Human Rights Commission(NHRC) and National Commission for Schedule Caste(NCSC) and staged a powerful dharna before the Collectorate,Tuticorin on 15.4.10..

Tamilnadu Untouchability Eradication Front of Tuticorin district declared that if the burial ground to the dalits are not restored within 30 days time, direct action to enter the burial ground will be resorted to on May 15 under the leadership of S.K.Mahendran MLA and P.Sampath

In the meantime the National Human Rights Commission(NHRC) has sent a letter to the TNUEF that a complaint was registered and it is being looked into vide NHRC case No.375/22/41/2010 dt.9.4.10.Similarly State office,Chennai of the National Commission for Schedule Caste(NCSC) has sent a letter to the Collector and Superintendent of PoliceTuticorin District under copy to TNUEF asking them to send a detiled report on the issue of denial of burial ground to the dalit people of Sorispuram vide F.No.10/17/2010-Rep dt.16.4.10.

By P.Esakkimuthu,District Convener,TN Untouchability Eradication front,Tuticorin District(ttnuef@gmail.com)

Dalit Christians seek quota, apex court admits plea

Dalit Christians seek quota, apex court admits plea

New Delhi, Jan 6: The Supreme Court Wednesday admitted yet another plea for
according a Scheduled Caste status to Dalits embracing Christianity, entitling
them to quota in state jobs and educational institutions.



Admitting the lawsuit of the All India Christian Federation, a bench of Chief
Justice K.G. Balakrishnan and Justice B.S. Chauhan issued notices to the union
and the Andhra Pradesh governments, besides various other government agencies,
including the National Commission for the Schedule Castes.

The bench admitted the fresh plea with the old demand, thouh at least two
similar lawsuits are pending with it.

Over two and a half years ago on July 19, 2007, the chief justice's bench had
asked the central government to firm up within two months its view on according
the Scheduled Caste status to Dalit Christians.

The bench, then headed by Chief Justice K.G. Balakrishnan and having Justice
R.V. Raveendran and Justice Dalveer Bhandari on it, had also sought from then
additional solicitor general Gopal Subramanium, now the country's solicitor
general, "all information, data and details" within eight weeks to help it
arrive at a decision.

The bench in July 2007 had issued these directions while hearing two lawsuits
filed in 2004 by the Centre for Public Interest Litigation and advocate D. David
of Vellore in Tamil Nadu.

The chief justice's bench this time simply tagged the new petition for hearing
with the old ones.

Like the earlier petitions, the new one too has challenged the legality of para
3 of the Constitution Scheduled Castes Order, 1950, which provides the
'untouchable Hindus' the Schedulec Caste status for benefit of affirmative
actions like reservations.

But the earlier untouchables among Hindus on conversion to Christianity or Islam
lose the benefit of reservation, the lawsuit rued.

The lawsuit contended that the order had been amended earlier to include even
the Dalit Sikhs and Buddhists in the Scheduled Castes list.

Arguing for provision of similar treatment to Dalit Christians as well, the
lawsuit argued that the state cannot deny affirmative action to citizens on the
basis of religion.

The lawsuit pointed out to the court that the issue of according Scheduled Caste
status had been examined by the National Commission for Religious and Linguistic
Minorities, headed by the Supreme Court's former chief justice Rangnath Mishra.

Mishra, in turn, had submitted his report to Prime Minister Maanmohan Singh May
14, 2007, recommending that Dalit Christians could be accorded Schedules Caste
status.

The prime minister had referred the matter for closer examination by the
National Commission for the Schedule Castes.

The new petition, as the old ones, mentioned all these old facts and made old
arguments and eventually got tagged with them, adding to the list of 53,000-odd
cases piling up in the apex court.

by P.Esakkimuthu,District Convener,TH Untouchability Eradication Front,Tuticorin
District