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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