nac recom comparison with coaliton proposals
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Comparison of National Coalition Proposal and NAC
Recommendations on SCs & STs (PoA) Act AmendmentsSection Original Text in the Act Coalition Proposal NAC Recommendation
3 Punishment for offences of atrocities(1) Whoever, not being a member of a Scheduled Caste or aScheduled Tribe
(i) forces a member of a ScheduledCaste or a Scheduled Tribe to drinkor eat any inedible or obnoxioussubstance;
No change Deleted the word "Forces".
(ii) acts with intent to cause injury,insult or annoyance to any memberof a Scheduled Caste, or aScheduled Tribe by dumping
excreta, waste matter, carcasses orany other obnoxious substance inhis premises or neighbourhood;
Removed with intent
to cause injury, insult
or annoyance
i. Removed words with intent tocause injury, insult or annoyance
ii. Divided original section into twosub section
a. dumping excreta etc inpremises without word
intent as 3(1)(ii)
b. intent retained in case ofdumps excreta in
neighborhood as 3(1)(ii)(a)
(iii) forcibly removes clothes from theperson of a member of a ScheduledCaste or a Scheduled Tribe orparades him naked or with painted
face or body or commits anysimilar act which is derogatory to
human dignity;
Proposed to deleteforcibly
Deleted the word forcibly and
included following new offenses -i. garlands with footwear
ii. parades naked or semi nakedThe following new offenses also
included as new subsection with the
word forcibly 3(1)(iii)(a)
i. Tonsuring of head,ii. Removing moustaches
(iv) wrongfully occupies or cultivatesany land owned or by, or allottedto, or notified by any competentauthority to be allotted to, amember of a Scheduled Caste or a
Scheduled Tribe or gets the landallotted to him transferred;
Proposed to deletewrongfully and includei.occupies or cultivates
any government-ownedcultivable land or
bhoodan land withoutbeing eligible there forunder the rules;
ii.gives or fabricates falseevidence with regard toany such land
Retained the wordwrongfully butdefined the wordwrongfully in an
explanation as follows whichincludes fabrication of records:Explanation: wrongfully includes
but not limited to
i. Against the persons will; or,ii. Without the persons consent;
or,iii. With the persons consent,
where such consent has been
obtained by putting the person,
or any other person in whom
the person is interested, in fear
of death or of hurt; or,
iv. Fabricating records of suchland
(v) wrongfully dispossesses a memberof a Scheduled Caste or aScheduled Tribe from his land or
premises or interferes with theenjoyment of his rights over any
Proposed to deletewrongfully and includei.prevents him from
taking possession of,using, or enjoying his
Retained the wordwrongfully butdefined the wordwrongfully in an
explanation as defined in Section
3(1)(iv)
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land, premises or water; land, or the producethere from;
ii. takes away the producethere from without the
consent , in writing ofsuch member,
iii.or gives or fabricatesfalse evidence withregard to any such
land, premises orwater;
Included interferes with enjoymentof irrigation facilities or takes awaythe produce as an offense
(vi) compels or entices a member of aScheduled Caste or a ScheduledTribe to do begar or other similarforms of forced or bonded labourother than any compulsory service
for public purposes imposed by
Government;
Proposed to add thefollowing -a. employment of child
or compels or forcesor permits such child
to be employed in any
occupation prohibitedunder Child Labour(Prohibition andRegulation) Act
1986;b. employs or permits
the employment as amanual scavengeror as sewage ordrainage workers;
c. dedicating aScheduled Caste or a
Scheduled Tribewoman as devadasi orany other similarsystem
d. Discriminates and/ orrefuses to pay
stipulated or notifiedwages;
Deleted the words compels andentices from the original section
and added the followingnew offenceas 3(1)(vi) (a)(b)(c)i. dispose or carry human or animal
carcasses, or to dig graves
ii. Dedicating as Devdasii. Employs or permits theemployment of ManualScavenging
(vii) forces or intimidates a member of aScheduled Caste or a ScheduledTribe not to vote or to vote to aparticular candidate or to vote in a
manner other than that provided bylaw;
Proposed the followingoffences -
i.not to vote or to voteto a particular candidate
or to vote in a mannerother than that providedby law.
ii. prevent fromfiling nomination as acandidate
iii.prevent from proposingor seconding thenomination
iv.obstructs a member ora chairperson or a
holder of any otheroffice of a panchayatunder Part IX of the
Included all offences proposed byCoalitionObstruct from performing their
normal duties and functions as
separate sub-section3(1)(vii)(a)
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Constitution or amunicipality under PartIX A of theConstitution in the
normal functioning orexercise of his power.
(viii) institutes false, malicious orvexatious suit or criminal or otherlegal proceedings against amember of a Scheduled Caste or aScheduled Tribe.
Proposed to include thefollowing-i.complaint to the police,
against a member of aScheduled Caste or aScheduled Tribe oragainst the victim of anatrocity,
ii.against his relatives,shortly before or after
the offence of atrocity,
ii.against witnesses or hisrelatives, shortly beforeor after the offence ofatrocity to prevent them
from deposing evidenceor to force them todepose false evidence inany case of atrocityunder this Act;
Included the word Counter Cases
(ix) gives any false or frivolous
information to any public servantand thereby causes such public
servant to use his lawful power tothe injury or annoyance of amember of a Scheduled Caste or aScheduled Tribe;
No change Retained the original section
(x) intentionally insults or intimidateswith intent to humiliate a memberof a Scheduled Caste or aScheduled Tribe in any place
within public view;
Proposed to delete thewords intentionally ,intent
Retained the original section as it isand added the following new offencesas new sub sections3(1)(x)(a)(b)(c)without the words intentionally,
intent
i. Abuse by caste nameii. destroys, damages or defiles any
object generally known to be held
sacred
ii. by words either written or spokenor by signs or by visible
representation or otherwise
promotes or attempts to promote
feelings of enmity, hatred or ill
will.
(xi) assaults or uses force to anywoman belonging to a ScheduledCaste or a Scheduled Tribe with
intent to dishonour or outrage hermodesty;
Include removes any partof her clothes
MAY BE FURTHER RE-
DRAFTED IN KEEPING WITH
AMENDMENTS TO CRIMINAL
LAW RELATING TO RAPE ANDSEXUAL ASSAULT
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CURRENTLY UNDER
CONSIDERATION OF MHA,
GOI
a. assaults or uses criminal force to awoman belonging to a ScheduledCaste or Scheduled Tribe or abets
such act with the intention ofdisrobing or compelling her to benaked in any public place
b. intentional touching of a womanbelonging to a Scheduled Caste or
Scheduled tribe, knowing that shebelongs to SC or ST, when suchact of touching is of a sexualnature and is without the recipientsconsent;
c. using words, acts or gestures of asexual nature towards a womanbelonging to the Scheduled Casteand Scheduled Tribe, knowing thatshe belongs to SC or ST.
Explanation 1: Consent means anunequivocal voluntary agreement
when the person by words, gestures,or any form of non-verbalcommunication, communicateswillingness to participate in thespecific actProviso 1: Provided that a woman
belonging to SC or ST who does notoffer physical resistance to any act ofa sexual nature is not by reason onlyof that fact, to be regarded asconsenting to the sexual activity.Proviso 2: Provided that a womanssexual history, including with theoffender will not imply consent ormitigate the offence.
(xii) being in a position to dominate thewill of a woman belonging to a
Scheduled Caste or a Scheduled
Tribe and uses that position toexploit her sexually to which shewould not have otherwise agreed;
Proposed illustrations fordominance, influence and
control.
TO BE RE-DRAFTED OR
DELETED IN KEEPING WITH
AMENDMENTS TO CRIMINAL
LAW RELATING TO RAPE AND
SEXUAL ASSAULT
CURRENTLY UNDER
CONSIDERATION OF MHA,
GOI
(xiii) corrupts or fouls the water of any
spring, reservoir or any othersource ordinarily used by membersof the Scheduled Castes or a
Scheduled Tribes so as to render itless fit for the purpose for which it
is ordinarily used;
Deleted the words so as
to render it less fit for
the purpose for which it
is ordinarily used
Retained original section
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(xvi) New section Proposed the followingoffencesi.using common property
resources
ii. using burial orcrimination grounds
iii.obstructs to collect nontimber forest produce.
Added the following new offences-i. using common property resourcesii. using burial or crimination
grounds
iii. using any river, stream, spring,well, tank, cistern, water-tap or
other watering place, or anybathing ghat, any publicconveyance, any road, or
passage.iv. mounting or riding bicycles or
motor cycles orv. wearing footwear or new clothes
in public placesvi. taking out wedding processionvii.mounting a horse or any other
vehicle during wedding
processionsviii.entering any place of worship
which is open to the public orother persons professing the samereligion
ix. taking part in, or taking out, anyreligious, social or culturalprocession includingjatras;
x. entering any shop, publicrestaurant, hotel or place of publicentertainment;
xi. using any utensils or articlesmeant for public use in any placeopen to the public
xii.practicing any profession or thecarrying on of any occupation,trade or business or employmentin any job;
(xvii) New Section commits murder ofmember of a ScheduledCaste or a ScheduledTribe, including on theallegation of practicing
witchcraft
Included as an offence
(xviii) New Section Proposed imposition ofsocial or economicboycott or blackmail
Included as an offence and defined asfollows:Note: Social and economic boycottmay be defined in the definition
section of the amended Act. Aproposed definition is as follows:
Social boycott means a refusal topermit another person to render tosuch other person or receive from him
or her any customary service; or toabstain from the social relations that
one would ordinarily maintain withsuch other person or to isolate him/herfrom others.
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Economic Boycott means a refusalto deal with, work for hire for, or dobusiness with such other person; or to
deny opportunities to such otherperson including access to services or
contractual opportunities forrendering services for consideration;or to refuse to do anything on the
terms on which such things would becommonly done in the ordinary
course of business; or to abstain fromthe, professional or business relationsthat one would ordinarily maintainwith such other person.
shall be punishable with
imprisonment for a term which
shall not be less than six monthsbut which may extend to five yearsand with fine.
Proposed to enhance
punishment not be less
than two year but whichmay extend to seven yearsand with fine
Retained the original section
3(2)(i) gives or fabricates false evidenceintending thereby to cause, orknowing it to be likely that he willthereby cause, any member of aScheduled Caste or a ScheduledTribe to be convicted of an offencewhich is capital by the law for the
time being in force shall bepunished with imprisonment for
life and with fine; and if aninnocent member of a ScheduledCaste or a Scheduled Tribe beconvicted and executed inconsequence of such false orfabricated evidence, the personwho gives or fabricates such falseevidence, shall be punished withdeath;
Proposed to delete thewords intending therebyto cause, or knowing it tobe likely that he willthereby
Punishment revised for
life and also forfeiture ofproperty.
Delete Death Penalty
Retained the original section
3(2)(ii) gives or fabricates false evidence
intending thereby to cause, orknowing it to be likely that he willthereby cause, any member of a
Scheduled Caste or a ScheduledTribe to be convicted of an offence
which is not capital but punishablewith imprisonment for a term ofseven years or upwards, shall bepunishable with imprisonment fora term which shall not be less thansix months but which may extendto seven years or upwards and withfine;
Proposed to delete the
words intending therebyto cause, or knowing it tobe likely that he will
therebyPunishment revised for a
term of 2 years, whichmay extend to 10 years.
Retained the original section
3(2)(iii) commits mischief by fire or anyexplosive substance intending to Proposed to delete thewords intending to Retained the original section
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cause or knowing it to be likelythat he will thereby cause damageto any property belonging to amember of a Scheduled Caste or a
Scheduled Tribe shall bepunishable with imprisonment for
a term which shall not be less thansix months but which may extendto seven years and with fine;
cause, or knowing it to belikely that he willtherebyPunishment revised for a
term of not less than 2years.
3(2)(iv) commits mischief by fire or anyexplosive substance intending tocause or knowing it to be likelythat he will thereby causedestruction of any building whichis ordinarily used as a place ofworship or as a place for human
dwelling or as a place for custody
of the property by a member of aScheduled Caste or a ScheduledTribe, shall be punishable withimprisonment for life and with
fine;
Proposed to delete thewords intending tocause, or knowing it to belikely that he will therebycausePunishment revised toforfeiture of property.
Retained the original section
3 (2)(v) commits any offence under theIndian Penal Code (45 of 1860)punishable with imprisonment fora term of ten years or more againsta person or property on the ground
that such person is a member of aScheduled Caste or a Scheduled
Tribe or such property belongs tosuch member, shall be punishablewith imprisonment for life andwith fine;
Proposed to delete thewords On the groundwith revised punishmentfor forfeiture of property.
i. Substituted the words on theground with the word knowingthe caste of the vicitm
ii.Revised the punishment fromenhancement to imprisonment
for life to punishment as
prescribed under IPC and fine ofRs. one lakh or one year ofadditional punishment.
(2) (v) (a) New Section Proposed the followingnew offences-i. Hurtii.Grievous hurtiii.Abductioniv.Kidnappingv.Wrongful Restraintvi.Criminal Conspiracy
Included the following sections
i. Hurtii.Grievous hurtiii.Abductioniv.Kidnappingv.Wrongful Restraintvi.Criminal ConspiracyAdded following new offences
i. Unlawful Assemblyii.being member of Unlawful
Assemblyiii.Joining Unlawful Assembly armed
with deadly weapons.iv.Joining or continuing in unlawful
assembly, knowing it has beencommanded to disperse.
v.Riotingvi.Rioting , armed with deadly
weaponsvii. Public servant disobeying
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direction of law with intent to savea person from punishment orproperty from forfeiture.
viii. Voluntarily causing hurt bydangerous weapons or means.
ix.Voluntarily causing hurt to deterpublic servant from his duty.
x.Assault or criminal force to deterpublic servant from discharge of
his duty.xi.Kidnapping or abducting with
intent secretly and wrongfully toconfine a person.
xii. Punishment for criminaltrespass.
xiii. Punishment for CriminalIntimidation.
3(2)(vii) being a public servant, commitsany offence under this section,shall be punishable withimprisonment for a term which
shall not be less than one year butwhich may extend to thepunishment provided for thatoffence.
Proposed the followingi.immediate suspension
after the time ofregistration of the First
Informationii. no promotion,
award or reward or anyother benefit
iii.Revised punishmentwith imprisonment fora term which shall
not be less than three
years but which mayextend to themaximum punishmentprovided for that
offence
Retained the original section
3(2)(viii) Abetment Proposed the definition ofAbetment
Retained the abetment clause asproposed by coalition and added aExplanation to the clause
4. Punishment for neglect of duties-Whoever, being a public servant
but not being a member of aScheduled Caste or a ScheduledTribe, wilfully neglects his duties
required to be performed by himunder this Act, shall be punishable
with imprisonment for a termwhich shall not be less than sixmonths but which may extend toone year.
Proposed to definenegligence and revise
punishment to 2 to 7Years
i.Included willful negligence asproposed by the Coalition but not
enhance punishment
ii. added a new sub sectionwhere Special Court shall take intocognizance any dereliction of duty
by a public servant.
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8.(a)
Presumption as to offences- In aprosecution for an offence underthis Chapter, if it is proved that -the accused rendered any financial
assistance to a person accused of,or reasonably suspected of
committing, an offence under thisChapter, the Special Court shallpresume, unless the contrary is
proved, that such person hadabetted the offence
Proposed presumption
clause
Added new sub section as 8(c) asproposed by the coalition.
And also Inserted wordsin relation
to the offences committed after thewords any financial assistance in
section 8(a)
Retained the original sub section 8(b)
(b). a group of persons committed anoffence under this Chapter and if itis proved that the offencecommitted was a sequel to anyexisting dispute regarding land or
any other matter, it shall be
presumed that the offence wascommitted in furtherance of thecommon intention or inprosecution of the common object.
10(1) Where the Special Court is satisfied,upon a complaint, or a police reportthat a person is likely to commit anoffence under Chapter II of this Actin any area included in ScheduledAreas or tribal areas, as referred
to in article 244 of the Constitution,it may, by order in writing, direct
such person to remove offence.Beyond the limits of such area, bysuch route and within such time asmay be specified in the order, andnot to return to that area from whichhe was directed to remove himselffor such period, not exceeding twoyears, as may be specified in theorder
Insert the words or in anyother area of any districtnotified in this behalfafter the words article 244of the Constitution
No change and Retained the originalsection
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14. For the purpose of providing forspeedy trial, the State Governmentshall, with the concurrence of theChief 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 trythe offences under this Act.
Proposed the followingi.Special Court
exclusively to try theoffences
ii. Where in a districtthere is no atrocity
combining that districtwith the neighbouringdistrict.
iii.where there are morenumber of cases in a
district, theGovernment shall setup as many additionalspecial courts
iv.Special Courts areempowered to, and
shall take cognizanceof offences
v.Trial of offences onday to day basis and tobe completed in 90days.
vi.Spleacial court shallsubmit quarterlyreports
Also proposed criteria forthe appointment of Judges
and adequate support
Recommended the following:i.Establish Dedicated Special Courts
at district level to try the offencesii.Where in a district there is no
atrocity combining that districtwith the neighbouring district.
iii.Special Courts are empowered to,and shall take cognizance ofoffences
iv.Trial of offences to be completedin three months (90 days) from the
date of filing charge sheet.v. If any case is not disposed off
within three months (90 days), theJudge of the Special court shallrecord such reasons in writing and
report to the Chief Justice of the
High Court.vi.Investigation Officer (I.O.) shall
remain present during the trial andshall also ensure that victims andwitnesses are present.
vii. Cases under this Act shouldbe given priority in appeals
15. Special Public Prosecutor-Forevery Special Court, the StateGovernment shall, by notification
in the Official Gazette, specify aPublic Prosecutor or appoint an
advocate who has been in practiceas an advocate for not less thanseven years, as a Special PublicProsecutor for the purpose ofconducting cases in that Court.
Appointment of aexlcusive PublicProsecutor and proposed
criteria for theirappointment, performance
review procedures andappointment assistant PPsif require.
Appointment of exclusive publicprosecutors
21 (3) The Central Government shall
take such steps as may benecessary to co-ordinate themeasures taken by the StateGovernments under sub-section
(1).
Include the following at
the end of section:and shall also utilize itspowers under Article339(2) of the Constitution
and the Article 256 of theConstitution to give
necessary directions toany State governments toensure that the Act is
implemented effectivelyin all respects
No change and retained the original
section
Proposed separate chapteron Rights of Victims and Recommended that comprehensivesections dealing with rights of victims
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Witnesses and witnesses, including protection,should be included in the Act
Recommended that MoSJE take thelead in preparing a comprehensivelegislative framework, under this Actor under a separate Act, to deal withpractices of discrimination againstSCs and STs; and that these may bedefined as civil offences asprevention of atrocities through anti-discrimination provisions.
Enhancement ofCompensation
Recommended that the quantum ofcompensation notified under theRules should be enhanced, adjustedannually to inflation, and releasedexpeditiously.
Proposed National and
State Monitoring andEnforcement Authority asNew Chapter
Not recommended
2 (1)(c) Scheduled Castes and ScheduledTribes shall have the meaningsassigned to them respectivelyunder clause (24) and clause (25)of article 366 of the Constitution;
Proposed to include insection 2 (1)(c)the following membersof any of the castes in theschedule who profess areligion other thanHinduism, Sikhism, orBuddhism and thedescendents of such
members or who migratedto other states for thepurpose of manual labourbut not included in the
scheduled of the state
Not recommended
21(5) New sub section Proposed new subsection as 21(5)
Not recommended