A. Latest Initiative- Launching an Atrocity helpdesk
The Stop-Atrocity IT Unit, Pune has come forward with an idea of establishing a Helpdesk for all Atrocity cases. (It is a fact that Priyanka had mobile which she used well before her murder for calling nearest Police station. Police did not respond.) Fastest communication with the people who are suffering the most is what we can do in today’s information world and wake up the public officers for safeguarding the basic rights given by Constitution . Also in tracking the Public offices, in publishing the reports and in providing legal assistance to the needy!
The plan is available with (www.stopatrocity.com) Team and the funding for the same will be resorted from all, irrespective of caste and beliefs because this is a fight for human values and not for ideologies! To visit a comprehensive website on atrocity issues please click on the following banner
where hands join for humanity….
As reported earlier, Puna based software professional team is working on a longterm Anti-atrocity mechanism. The team has accomplished first stage of it by building www.stopatrocity.com and registartion of 2000 voleenteers. Now they have come up with a detailed project report which aims at fast responding to caste atrocities prone situations with the help of information technology tool. It is based on ‘Kherlanji’ Experience . Funding to the tune of USD 74,636 is expected in first plan year from philanthropists all over the globe irrespective of race, caste, religion, region and gender. Following is the snapshot of the detailed Stop Atrocity Helpline project report; Atrocitynews team would be happy to answer concerned queries.
v The Stop Atrocity Model
At Atrocitynews, we appeal for funding in any proportion. One may get the complete report by sending request-mail at firstname.lastname@example.org
SC/ST Commission Helpline:
Till then send your creative comments! For the latest posts, visit home .
B. Online Petitons
B1. Sign Indian petition here!
B2. Sign Global Petition here!
C. Atrocitynews recommendations to State
C1. Atrocitynews fast moving suggestions:
As Kherlanji protest was taken up on individual and familial levels, the situation is becoming too grave to respond. Moreover if the demands from people are not heard clearly by the Government, the worst can happen. Whatever be, but people should be encouraged to resort to peaceful means for any agitation. In the wake of strong reactions from all corners, people should be made to think on long term solutions for larger Atrocity cases throughout the state.This must happen through continuous awareness and advocacy campaigns on caste anihilation. But before we go to to long term solutions, here are some reflections on bringing ease and hormony in the present flared-up situation. Harmony can be brought by1. Talking to people-groups irrespective of their affiliations. At local levels, inviting them for peaceful protest like candle March or peaceful march.2. Encouraging the organizations from different caste backgrounds and joining them in a thread to intiate dilogues within them on caste violance and solutions. 3. Announcing a peace/swabhiman memorial at Kherlanji.
4. Announcing Kherlanji Special Court (not only fast track) which will be time bound and will have day to day hearing.
5. Removing higher Government officials from service who had shown favouratism and criminal negligance in their duties, possibly make them co-accused in Kherlanji Case so that it sends a strong signal to sleeping Administration.
6. Implicating the political hands involved in Kherlanji massacre immediately, it is time for government to show courage if that happens people will surely trust the Governance.
C2. Atrocitynews advocates long term solutions:
1. Establishing a privately run 24×7 independent Atrocity Helpline connecting all villages.
2. Creating a special Research and Follow-up cell for Atrocity cases in the state. Invite private participation.
3. Proposal for Special State Fund to atrocity victims immediately made available to them for their travel expenses and legal fees.
4. Monthly Public courts in towns like Nagpur and Mumbai, sittings invited from Retired High court Justice who has good social track record.
5. Instituting a Non-governmental Professional Lawyers Advocacy Centers that can help Atrocity victims 24 hrs.
6. Constituting a Statutory committee that would present the Actions Taken Report against Atrocity cases approved by Research Cell every six months in Assembly.
7. Appointing a Stern Action Group that would design a mechanism to counter social boycott issues individually. Express provisions in Atrocity acts like weapons to victims, cutting off the village from State facility link has to be looked into.
8. Bringing Reforms in Atrocities act through people participatory approach. Inviting few independent nodal agencies for check and balances.If there is a dream of a beautiful India, it must be without castes prejudices and hatred.
9.Having seperate settlement model for Dalits living in minority in rural househols with private-public partnership.
Anyhow Stopatrocity. org is closely working on several of the issues. If invited they can work with Government too. But at Atrocitynews, readers are encouraged to share their creative suggestions>>
D. Atrocity prevention ActTHE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989[Act No. 33 of 1989 dated 11th September, 1989]
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:INDEX:
CHAPTER I: PRELIMINARY
1. Short title, extent and commencement
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
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 rulesFoot Notes
CHAPTER I: PRELIMINARY
(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.
(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.
(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 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.
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.
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.
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.
(1) Where a person has been convicted of any offence punishable under this Chapter, theSpecial 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.
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.
(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).
(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.
(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 Courtmay 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 theSpecial 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 (including negatives) taken under sub-section (2) shall be destroyed or made over to the person against whom such order is made.
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.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.
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.
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.
(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.
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.
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.
(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.
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.
(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.
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