law & poverty.docx

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redress the s I tuation, the L egislature, in its wisdom, has enacted various legisl ations- both prevent I v e and punitive-in an attempt to s trike at the root of the problem. The politica l will notwithstanding, the ground realities and the various stakeholders determine the success or otherwise, of a social legislation such as the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SCs & STs (POA) Act, 1989). Any review of the enactment, therefore must take into account the voices of the various stakeholders and also the overall socio-economic and political situation within which they operate. Taking note of such a need, the Government has undertaken the task of evaluating the functioning of the Act. Problem: Responding to the need for a legislation to prevent and punish the occurrence of atrocities against the Scheduled Castes and the Scheduled Tribes, the government enacted the Protection of Civil Rights Act, 1955 and subsequently the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Despite these special enactments being in existence for more than a decade, the cases filed under the Act are on the rise. The National Commission for Scheduled Castes and Scheduled Tribes reported a total of 30,022 cases of atrocities (under

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Page 1: Law & Poverty.docx

redress the s I tuation, the L egislature, in its wisdom, has enacted various legisl ations-both prevent I

v e and punitive-in an attempt to s trike at the root of the problem. The

politica l will notwithstanding, the ground realities and the various stakeholders determine the

success or otherwise, of a social legislation such as the Scheduled Castes & Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (hereinafter referred to as SCs & STs (POA) Act, 1989).

Any review of the enactment, therefore must take into account the voices of the various

stakeholders and also the overall socio-economic and political situation within which they

operate. Taking note of such a need, the Government has undertaken the task of evaluating

the functioning of the Act.

Problem:

Responding to the need for a legislation to prevent and punish the occurrence of atrocities

against the Scheduled Castes and the Scheduled Tribes, the government enacted the

Protection of Civil Rights Act, 1955 and subsequently the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989. Despite these special enactments being in

existence for more than a decade, the cases filed under the Act are on the rise. The National

Commission for Scheduled Castes and Scheduled Tribes reported a total of 30,022 cases of

atrocities (under the SCs/STs (POA) Act, 1989) in 2001, in the country. It must be noted here

that these are figures relating only to the reported cases and there are several cases which are

either under reported or unreported. It is imperative to examine why the vision of It must be

noted here that these are figures relating only to the reported cases and there are several cases

which are either under reported or unreported. It is imperative to examine why the vision of

deterrence and prevention envisaged by the Act, have not been realised.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (No 33

of 1989) came into force from 30-1-1990. The Act is a special legislation seeking to impose

strict punishment for crimes committed against SCs/STs, redressed through Special Courts

set up for the purpose thus ensuring speedy disposal of cases. While the larger vision under

the enactment is creative and progressive, several studies have indicated that administrative

problems, financial bottlenecks and a lack of sensitivity on the part of the police and the

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judiciary hamper the realization of objectives of the enactment. Thus, the enactment has

several areas that need further review but this research is limited to examining the functioning

of the Special Courts set up under the Act. More particularly, the study compares the working

of the Designated Special Courts with that of the Exclusive Special Courts; examines the

percentage of disposal of cases in terms of convictions and acquittals; and evaluates the main

causes and reasons for the increasing crimes on SCs and ST.

INDIA: Non-implementation of the Scheduled Castes &

Scheduled Tribes (PoA) Act, 1989

Lucknow, Uttar Pradesh, India: On 25 March 2007, Awadkesh Kumar, 24, was hit by

gunshots fired by dominant caste members in his community after trying to mediate and settle

a dispute between them and some Dalits who were verbally attacked and called degrading

names. Four arrests were made, but the accused were released on bail. The court case is still

pending.

The year 2009 marks the 20th anniversary of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, which was passed in 1989 in India. The SC & ST (PoA) Act

1989 is the only Act which aims to

eliminate atrocities that are occurring against members of the SCs and STs while at the same

time providing protection, compensation and rehabilitation to victims. However, its

implementation remains weak and the conviction rates are shockingly low. The 20th

anniversary is therefore a historic opportunity to review and amend the Act to make it more

effective and accountable. Hence, a national-level process has started in India to propose

amendments and improve its enforcement under the name of The National Coalition for the

Strengthening of the PoA Act.

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What is the SC & ST (Prevention of Atrocities) Act?

Article 17 of the Constitution of India abolishes the age-old phenomenon of “untouchability”.

The Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 & Rules, 1995

was specifically enacted to prevent and to protect SC/STs from atrocities committed against

them by non-SCs/STs because the normal provisions of the existing laws like the Protection

of Civil Rights Act 1955 and the Indian Penal Code were found inadequate to prevent and

eliminate the gross offences against SC & STs.

The provisions of SC/ST PoA Act & Rules can be divided into three different categories. The

first category establishes criminal liability for a number of specifically defined atrocities, and

extends the scope of certain categories of penalizations given in the Indian Penal Code (IPC).

The second category contains provisions for relief and compensation for victims of atrocities.

The third category contains provisions that establish special authorities for the

implementation and monitoring of the Act. The common denominator of criminal offences is

that criminal liability can only be established if the offence is committed by a person other

than a member of SC/ST against a person who belongs to the SC/ST group.

Non-implementation of Scheduled Castes/Scheduled Tribes PoA

Act

Despite the comprehensive provisions in the legislation, the implementation of the Act

remains weak and inadequate. This was recognized by the Indian Prime Minister Manmohan

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Singh in a speech delivered on 7 September 2009, when he said that “it is shocking that the

conviction rate for cases of atrocities against SC/STs is less than 30% against the average of

42% for all cognizable offences under the IPC” (see references to relevant statements by the

Prime Minister below).

The National Human Rights Commission and the SC/ST Commission in India have made

similar observations about the non-implementation and strong recommendations on the

enforcement of the SC/ST Act, such as the Report on Prevention of Atrocities against

Scheduled Castes authored by Shri K B Saxena which was submitted to the Prime Minister

and State Chief Ministers in 2004. However, this has had little impact, if any, on the

functioning of the state apparatus and the rule of law in India.

The actual numbers on non-conviction rates are far more worrying. As per the National

Human Rights Commission Report on Atrocities against Scheduled Castes (2002), the

progress of investigation of cases by the police analyzed from the governmental data

indicated the following:

The number of charge-sheeted cases was 53.04%

22.54% of cases were closed after investigation

24.42% of cases were pending at the police at the end of the year

30,350 cases registered during 2000 and as many as 8336 cases were closed after

investigation without any trial

9,027 cases were still pending investigation

Of 143,505 cases in Courts in the year 2000, 132,268 cases were pending, 9996 were

acquitted and 1241 ended in conviction

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Review of SC/ST PoA Act, 1989 & Rules, 1995

The 20th anniversary of the SC/ST Act in 2009 presents a historic opportunity to work for

enhanced implementation of the SC/ST Act and to critically review its performance in

realization of its objectives and provisions. A list of observations and proposals for

amendments have been made by a number of civil society organisations and concerned

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individuals, The National Coalition for Strengthening PoA Act, to make the Act more

binding and effective.

Reasons why the SC/ST Act is not effectively implemented

include:

Intent/motive: One of the greatest fallacies in reading the SC/ST (POA) Act 1989 lies in the

overemphasis on establishing that the atrocity took place on the ground that the victim was

SC/ST. This continues right from the registration of the complaint by the police and

continues up to the judiciary at the time of judgement. The interpretation of words such as

“Intent”, “Intention”, “on the ground” and also the words like “public view” and “public

place” dilute the enforcement of the Act at various levels by enforcement authorities and

judiciary.

New types of offences: New forms of ‘untouchability’ and nature of atrocities are not clearly

specified in the Act, which provides loopholes for perpetrators and police officials and results

in non-registration of cases under the SC/ST (POA) Act 1989. Such offences include refusal

of wages or contract wages by dominant caste landlords, counter cases being filed against

Dalit victims of atrocities as a backlash against Dalits who have started to file cases of

atrocities, social and economic boycotts imposed on SC/STs, voluntarily causing simple hurt

and grievous hurt, Ransacking of house hold items and destruction of movable and

immovable property, discrimination or harassment or insult or denying or limiting access to

opportunities in any educational institutions, etc.

Non-effective measures to realize right to speedy trial: The SC/ST Act makes provisions for

establishing Special Courts to ensure a speedy trial. However, it has been found that Special

Courts are not setup in 133 districts/divisions out of 612 districts in India. Moreover, the

existing designated courts are already overburdened with the cases other than SC/ST Cases;

hence the cases under the Act are not given priority. Finally, the Act establishes Special

Public Prosecutors to examine cases, however key witnesses are not involved at the time of

trial, there is no briefing to victims and witnesses by the Public Prosecutors, they are

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overburdened and have little sense of duty and efficiency in handling SC/ST(POA) Act 1989

cases.

Nature of "willful" negligence and its scope in the Act: One of the major lacunas in the Act is

that Section 4 does not clearly define “willful negligence”. The experience of survivors,

activists and organizations reveal that the police and administration adopt different ways to

neglect their duties and diluting the sprit of the Act at every stage of the case registration. It

has therefore been proposed to delete the word “willful” in Section 4 and insert other criteria

such as non-registration of cases, non-investigation and filing of charge sheet within

stipulated period; not providing relief, compensation and rehabilitation and; non-

implementation of other protective and preventive provisions or rules defined under the Act

as negligence.

FOLLOWING ARE THE CRIMES COMMITTED BY A NON- SC/ST INDIVIDUAL

AGAINST A SC/ST INDIVIDUAL FOR WHICH CASE (FIR) CAN BE LODGED

WITH THE POLICE. 

CLAUSE --3(1) OF THIS ACT----if a non-sc/st individual-----

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(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 premises or neighborhood;

(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 Castes or a Scheduled Tribes 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 Scheduled Tribe; 

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

ALL THE ABOVE OFFENCES COMMITTED BY A NON-SC/ST INDIVIDUAL

AGAINST A SC/ST INDIVIDUAL--------

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.

CLAUSE-- 3(2) OF THIS ACT------IF NON-SC/ST INDIVIDUAL----------

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(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 Tribes 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 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 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

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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.

OTHER PUNISHMENTS------

CLAUSE-- 4. Whoever, being a public servant but not being a member of a Scheduled Caste

or a Scheduled Tribe, willfully neglects his duties required to be performed by him under this

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

but which may extend to one year.

CLAUSE --5. Whoever, having already been convicted of an offence under this Chapter is

convicted for the second offence or any offence subsequent to the 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.

CLAUSE 7.(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.

CLAUSE 7(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

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

this Chapter.

CLAUSE 8. 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

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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 offence under this Chapter and if it is proved that the

offence committed was sequel to any existing dispute regarding land or any other matter, it

shall be presumed that offence was committed in furtherance of the common intention or in

prosecution of the common object.

CLAUSE 10. (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 Areas’ 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 be specified in the order.

Implementation of the Protection of Civil Rights Act, 1955 and SC/ST

(Prevention of Atrocities) Act, 1989.

Under this scheme financial assistance is provided to the SC/ST people for their

rehabilitation, who are victims of atrocities by non-scheduled castes people.  The assistance is

given as per the provision of the SC/ST (Prevention of atrocities) Act and its Rules.

Terms & Conditions

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1.   F.I.R. must have been lodged in police station.

2.   Atrocity must have been committed by non-SC persons.

Period 

Within three months of receipt of application.

2(A) Coaching and allied assistance for weaker sections including SC/OBC/Minorities. 

The scheme aims at assisting students to weaker sections, SCs, OBCs and Minorities by way

of special coaching for admission into institutions imparting technical, vocational courses

such as engineering, medical, agricultural, management, information technology, and service

related courses both in public and private sectors. 

Recruitment to services under Group”A” and “B” under the Center and State Government,

public sector undertakings, banks, as well as private sector.

Implementing Agency

Institutions of repute, both public and private which are running coaching courses and have

achieved distinctions during the preceding three years, in terms of success rate of candidates

coached by such organizations will be eligible for assistance under the scheme.

Terms & conditions 

 1. Students should be selected based on merits.

 2. Only students belonging to Scheduled Castes,OBCs and Minorities   having family

income of Rs.1.00 per annum will be eligible for assistance.

 3. Assistance under the scheme can be availed by a particular student not more than two

times, irrespective of the no. of chances, he/she may be entitled to in a particular

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competitive examination.

 4. In case, where examination is conducted in two stages (i.e. preliminary and main )

candidates will be allowed to take coaching of the preliminary as well as main

examination in each time, but coaching for main examination will be available only to

those, who have cleared preliminary examination.

Students, covered under the scheme, shall have to attend all classes. In the event of any

student, remaining absent for more than 15 days without any valid reason , assistance to

him/her shall be discontinued and another student shall be taken in his/her place.

Period

Within three months of receipt of application.

2(B)     Pre-Exam coaching centre for SC/ST students.

Free of cost pre-examination coaching is provided in respect of the examination conducted by

Staff Selection Commission and Banking Recruitment Board.  During coaching stipend

@85/- per month is also granted.

Terms & Conditions

 1. Admission is granted on qualifying the test conducted by this PECC

 2. Admission is given to only those candidates who have already applied to concerned

Commission/Board for appearing in the exam.

 3. Coaching is provided only for two exams.

Period

Within three months of receipt of application

3. Post Metric Scholarship to SC/ST & OBCs students

Department for the Welfare of SC/ST/OBC/Minorities have taken over implementation of

recently revised Centrally Sponsored Scheme of Post Metric Scholarship to the students

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belonging to SC/ST & OBC for pursuing further studies at post matriculation/post secondary

(college/university) levels within India from the current financial year 2004-05.

VALUE OF SCHOLARSHIP FOR SC/ST & OBC 

The value of scholarship includes maintenance allowance, additional allowance for students

with disabilities, reimbursement of compulsory non-refundable fee, study tour charges, thesis

typing/printing charges, book allowance for students pursuing correspondence course for

complete duration of the course.  

The details are as follows: -

Group-I (SC/ST)

Degree & Post Graduate Level Courses (including M.Phill, Ph. D. and Post Doctoral

Reseach) in Medicines (allopathic, Indian and other recognized system of medicines) Engg.

Technology, agriculture, veterinary and allied science, management, business finance,

Business Admn. & Computer  application/Science.  Commercial Pilot Licenses (including

helicopter pilot and multi engine rating) course.

Hostlers   Rs. 740/-             Day Scholars Rs. 330/- (p.m.)

Group-I (OBC)

Medical, Engineering including Degree level Courses in Indian medicine, B.A.M.S.,

comparable course in Ayurvedic, Unani/Tibbia and Homeopathic System of medicines, B.Sc.

(Agriculture/B.V.Sc. (Fisheries), Higher Technical and all professional studies like degree

and post-graduate courses in Agriculture and Veterinary Science.

Hostlers   Rs. 425/- Day Scholars Rs. 190/- (p.m.)

Group-II (SC/ST)

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Other professional & Technical and Post Graduate including M.Phill, Ph.D. and Post

Doctoral Research) Level courses not covered in Group –I. CA/ICWA/CS/etc. courses.  All

post graduate, gradulate level diploma courses and all certificate level courses.  

Hostlers   Rs. 510/- Day Scholars Rs. 330/- (p.m.)

Group-II (OBC)

Diploma level course in Indian Medicine and Comparable courses in Ayurvedic,Unani/Tibbia

and Homeopathies system of Medicine, Diploma & comparable courses in Engineering,

Technology, Architecture, Medicine, diploma level course in printing technology and courses

for overseer draftsman, surveyor, commercial pilot license, diploma and higher courses in

hotel management catering technology and applied nutrition. Degree and post-graduate

course in nursing and pharmacy, Wireless and television operators/sound recording and

sound engineering motion picture, photography, film direction/acting/screenplay/writing.

Degree/post graduate diploma courses in business management, chartered and cost/works

accountancy. Post graduate courses in Science subjects.

Hostlers   Rs. 290/- Day Scholars Rs. 190/- (p.m.)

Group-III (SC/ST)

All other courses leading to a Graduate or above degree (not covered in Group-I & II).

Hostlers   Rs. 355/- Day Scholars Rs. 185/- (p.m.)

Group-III (OBC)

Certificate course in Engineering/Technology/Architecture and Medicine Diploma and

Certificate course in agriculture, pharmacy, Veterinary Science, Fisheries, Dairy

Development, Hygiene and public Health, Sanitary Inspector’s course, Courses for rural

Services, Cooperation and community Development, Sub-Officers’ course at  the national

Fire Service College, Nagpur, Library Science. Degree/post graduate diploma and post

graduate courses in teachers’ training, library Science and Physical Education, Music Fine

Arts and Law, Craft Instructor’s Training Course, Certificate Course in Hotel

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Management/Catering technology and Applied. Nutrition Passenger Transport Management,

Associate Degree in Pharmacy. Post graduate courses in Arts and Commerce subjects.

Hostlers   Rs. 290/- Day Scholars Rs. 190/- (p.m.)

Group-IV (SC/ST)

All Post Matriculation Level Courses before taking up graduation like classes XI & XII in

10+2 system and Intermediate Examinations etc. (Not covered in Group II & III).  ITI

courses, other vocational courses (if minimum required qualification to pursue the courses is

at least matriculation. .  

Hostlers   Rs. 235/- Day Scholars Rs. 140/- (p.m.)

Group–IV (OBC)

General courses upto graduate level ( 2nd Year and onward)

Hostlers   Rs. 230/- Day Scholars Rs. 120/- (p.m.)

Group-V (OBC)

Classes XI and XII in 10+2 system, Intermediate courses and first year of General Courses

upto graduate level.

Hostlers   Rs. 150/-Day Scholars Rs. 90/- (p.m.)

Statements by Indian Prime Minister Mr. Manmohan Singh

In an inauguration speech at the State Welfare Ministers’ Conference in New Delhi on 7

September 2009, Indian Prime Minister Manmohan Singh said: “It is shocking that the

conviction rate for cases of atrocities against SC/STs is less than 30% against the average of

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42% for all cognizable offences under the IPC. The State Governments therefore need to give

more attention to this important issue. Meetings of State and district Vigilance and

Monitoring Committees should be held more regularly. Court cases should be pursued

diligently and on priority basis.” Link to speech

At the 10th Inter-State Council Meeting in New Delhi on 9 December 2006, Mr. Singh

remarked, “In the recent past, we have witnessed disturbing incidents and reports of atrocities

against SCs and STs in some places. […] I believe that the time is ripe for a serious

introspection and a comprehensive review of our existing approaches, existing strategies and

existing measures which are in place so that we are effective in controlling such incidents and

are able to generate a greater sense of security and hope among our weaker sections”. Link to

speech

RECOMMENDATIONS

The Scheduled Castes and Scheduled Tribes (PoA) Act 1989 should be amended and

effectively implemented to fight impunity, low conviction rates and non-registration of

atrocities against SC & STs – in follow-up to the statement made by Prime Minister Singh,

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and on the basis of recommendations made by the National Human Rights Commission, the

SC/ST Commission, UN treaty bodies, and with the constructive involvement of civil society.

Uttar Pradesh is ahead of other states in atrocities against Scheduled Castes and Scheduled

Tribes with Rajasthan and Madhya Pradesh in second and third positions respectively, Union

Social Justice and Empowerment Minister Meira Kumar has said.

"Uttar Pradesh is ahead of other states in atrocities against SC/ST persons while Rajasthan

and Madhya Pradesh are ranked after it respectively," Kumar told reporters here on

Wednesday after chairing the seventh review meeting of the five states on cases relating to

atrocities against SC/ST persons.

Saying that the rankings were based on figures provided by the state governments

themselves, the minister said states would begin to fudge figures if they were subjected to

harsh criticism on this issue.

The Minister reviewed the progress made by Madhya Pradesh, Chhatisgarh, Uttarakhand,

Uttar Pradesh and Jharkhand in implementing the SC/ST (Prevention of Atrocities) Act, 1989

and Protection of Civil Right Act, 1955.

The Minister also expressed concern over the high pendency of cases filed under these Acts.

For example, 71 per cent of the cases filed in Madhya Pradesh were pending while

punishment was awarded only in 39 per cent of the cases.

Saying that state governments have been asked to set up toll-free helplines to enable people

to report such crimes, Kumar said her ministry is reimbursing initial relief amounts paid by

state governments to victims.

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ACKNOWLEDGEMENT

For the successful completion of this project , I would like to thank my Law & Poverty teacher Dr Ghulam Yazdani. He made the concepts of the topic so clear in my mind that it became very easy for me to work on the topic. It would not have been possible to complete the project work without his guidance.

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I would also like to thank my elder sisters and my elder brother who were a constant support throughout the project making.

Last, but not the least I would like to thank my Parents who stood by me through every thick and thin.

SHAHRUKH AHMAD

BIBLIOGRAPHY

Upendra Baxi – Law & Poverty (1988)

http://idsn.org/country-information/india/scst-poa-act-1989/

http://www.lawyersclubindia.com/forum/SC-ST-Act-25196.asp

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LAW AND POVERTY

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SC/ST ACT,1989

WITH REFERENCE TO U.P.

BY-SHAHRUKH AHMAD

4th semester, 2nd year

J.M.I