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2172 Tue 21 Mar 2017 to 2186 Tue 4 Apr 2017 LESSONS with reference to 1200 LESSON 20514 & 21514 TUESDAY &WEDNESDAY FREE ONLINE E-Nālanda Research and Practice UNIVERSITY- LOK SABHA AND UTTAR PRADESH ELECTIONS FIXING- what is E-Filing? Whether this E-Filing process is a user friendly programme? E-Filing is Electronic filing of matters in the Registry of Supreme Court of India. Yes, E-Filing is a user friendly programme prepared by National Informatics Centre.
Filed under: General
Posted by: site admin @ 9:37 am
2172 Tue 21 Mar 2017 to 2186 Tue  4 Apr 2017 LESSONS

Posted by: @ 7:27 pm








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1200 LESSON 20514 & 21514 TUESDAY &WEDNESDAY FREE ONLINE E-Nālanda Research and Practice UNIVERSITY


KINDLY TRANSLATE THIS “APPEAL” IN YOUR


CLASSICAL MOTHER TONGUE AND ALL THE OTHER LANGUAGES YOU KNOW AND


PUBLISH.

Please send a copy to

ballotpaper2replaceevm@gmail.com

tipitaka4ever@gmail.com


Visit:
http://sarvajan.ambedkar.org

 

MAY YOU BE EVER HAPPY, WELL AND SECURE
MAY YOU LIVE LONG!
MAY ALL SENTIENT AND NON-SENTIENT BEINGS BE EVER HAPPY!
MAY YOU ALWAYS HAVE CALM, QUIET, ALERT,ATTENTIVE AND
EQUANIMITY MIND WITH A CLEAR UNDERSTANDING THAT
EVERYTHING IS CHANGING!


LOK SABHA AND UTTAR PRADESH ELECTIONS  FIXING


Outcome of the May 2014 General Elections in India.

&

Uttar Pradesh Assembly elections 2017


Hackers made hay in May 2014 and Mar 2017!


From
J.Chandrasekharan
Scheduled caste
668 5A Main Road,
8th Cross, HAL 3rd Stage,
Bangalore-560075
Karnataka State
India
Mob:9449260443
Email:chandrasekhara.tipitaka@gmail.com
http://sarvajan.ambedkar.org

To ,
Honourable Chief Justice
Supreme Court of India
Tilak Marg,
New Delhi-110 001 (India)
PABX NOS.23388922-24,23388942-44,
FAX NOS.23381508,23381584,23384336/23384533/23384447
supremecourt@nic.in

Sub: Grievance of a Scheduled Caste


It has been conclusively proved to the satisfaction of the Hon’ble Supreme Court that Indian EVMs ARE tamperable.The process of elections is the most sacrosanct duty in a Republic which ECI should carry out with
utmost diligence. Caesar’s wife should be above suspicion. Free and fair polls should not only be ensured but APPEAR to be ensured to the satisfaction of the voters.


India first tested EVMs in a by-election in 1982, but the machines were first deployed on a large scale of over 1 million in a general election in 2004.

In 2010, security researcher Hari Prasad and his associates released a video that they said demonstrated vulnerabilities in the EVMs, after hacking an EVM that had already been used in an election. Prasad and his team replaced the display board of the machine with a look-alike component that could be instructed through a Bluetooth connection on a mobile phone to steal a percentage of the votes in favor of a chosen candidate.


The researchers also used a pocket-size device that could be attached to the memory of the EVM to change the votes stored in the machine during the period between the election and the public counting session.


The Supreme Court has in its ruling this week asked the government to provide the financial assistance required by the Election Commission to roll out the EVMs. It has not set out a schedule for the full deployment of EVMs with the paper trail.

http://articles.economictimes.indiatimes.com/2010-05-20/news/27589262_1_voting-machines-display-board-hack
American scientists ‘hack’ into Indian voting machines

LONDON:


India’s voting machines - considered to be among the world’s most tamperproof - can be hacked, American scientists claim.

Researchers at the University of Michigan connected a home-made device to a voting machine and successfully changed results by sending text messages from a mobile.

“We made an imitation display board that looks almost exactly like the real display in the machines. But underneath some of the components of the board, we hide a microprocessor and a Bluetooth radio,” the BBC quoted Prof J Alex Halderman, who led the project, as saying.


He added: “Our lookalike display board intercepts the vote totals that the machine is trying to display and replaces them with dishonest totals - basically whatever the bad guy wants to show up at the end of the election.”

Moreover, they added a small microprocessor, which they say can change the votes stored in the machine between the election and the vote-counting session.

No one’s right mind would yet allow the use of absolutely antiquated, completely out-dated, easily hack-able and highly tamper-able “high school technology” based, obsolete EVMs (electronic voting machines) in national elections, but it was used now — in 2014

More than 80 democracies in the world have simply done away with them, dumping them in the trash, or simply declared the usage of this simplistic voting system susceptible to fraud, and hence declaring the same as illegal — as the Supreme Courts of Germany and Holland indeed have done. Even Japan, from where EVMs originated, has long abandoned its rogue babies, and is using paper ballot system since then. All the advanced democracies in the West, except the most dull-headed ones, have reverted to a voter verifiable system or the ballot paper. In Canada, even at the ,most basic school level, ballot paper voting is in use.

Last year, the Supreme Court of India, having been convinced of an undeniable, edible possibility of EVMs getting tampered with and that easily hacked — even from afar — had ordered the imbecilic Election Commission and the indolent Government of India to provide about 1600 crore (1600, 0000000) rupees — convert this into your respective currency! — for manufacturing these VVPAT (Voter Verifiable Paper Audit Trail) voting machines; which show a verifiable paper receipt to the voter.

This is the Fundamental Right of a citizen of India, as per the laws laid down by the Constitution. However, recent newspaper reports tell us that only 20, 000 such voting machines have been provided for the entire country in this, 2014 election! India has 29 states now — with Telagana being the latest. In most of them, depending upon their size etc., either about 400 VVPAT machines are being deployed, or some such similar ridiculous number — more or less — hasbeen made available in the length and breadth of the country. It’s an asinine, bland, cruel, demeaning joke we 1.25 billion voters have been “blessed” with by the powers that be.

All “patriotic” hackers of our motherland made hay in May 2014 and Mar 2017!

As to how EVMs can be hacked into, tampered with, and results favorably manipulated via software interference and other means — from near and from far, far away — this can easily be found by anybody by just going to Google etc. and filling “EVM HACKING, TAMPERING” or something to this effect in the Search. And lo, behold! a plethora of information will just overwhelm your overly chilled-out, lesser employed, un-billed brains.

However, the only solace for us naive fools is that quite a few unscrupulous politicians such as Murderer of democratic institutions (Modi) and every other most “honorable” political party worthy of its “salt” such as Congress and the BJP, would surely be playing this comic-tragic game of hacking into and hijacking the votes of a billion people! Thus, one who outsmarts the other such fine folks, armed with their hacking forks in this merry-go-around, will win.

The rest — this or that “tsunami” or wave in favor of one or the other, poll forecasts and the “newbie”, the over enthused, seeming game changers in the making — well, they may well fall flat on their dumb faces, if not on their smart asses.


That the Supreme Court of India too, while passing the order of putting new VVAT voting machines in use in a “phased manner”, has unwittingly shirked its duty. In fact, it committed a grave error of judgment. Perhaps dealt a fatal blow to Indian democracy. It should have ordered, as a caution, that till the time this newer set of about 1300ooo voting machines is manufactured in full and so deployed throughout India, ballot paper system would be brought in. No such precautionary measure was decreed by the apex court.

Well, crib all you want. But don’t cry, my dear countrymen. After all, the same model of EVMs is yet very much in use in South Africa, Bangla Desh, Bhutan, Nepal, Nigeria, Venezuela etc. These poor folks of the said “non-techy”countries — millions of them — too cannot figure out as to what the hell had, yet is happening, in their dear short-circuited “developed” democracies. Nor will you.

Don’t worry, be happy! You are not alone “out there”.

Oh, by the way, the somewhat notorious lawyer who had brought in this case — of the present lot of EVMs being tamper-able and hack-able — and, who, had successfully fought it so, forcing the Supreme Court to order the installation of a fail-safe voting mechanism (of Voter Verifiable Paper Audit machines replacing the susceptible earlier Electronic Voting Machines) to ensure a free and fair electoral process in India — well, this oh-so-very honorable fellow too has fallen silent, like a demure maiden. This most vociferous gentleman had openly declared on social websites, especially Twitter, that in case VVPAT machines do not get installed in time for 2014 elections, then, there would be a “constitutional crisis” — putting it out there like an Indian “pehalwan”, a la WWW wrestler, that he would challenge the same in the apex court. He had most emphatically underlined he would ensure that either the new fail-safe voting machines or the old time-tested paper ballot system will be put in use during this general election in India.


However, recently, when asked specifically on Twitter about this matter — as to what this lovely man is doing or is going to do about this impending doomsday electoral scenario — there was a deafening silence from his side. May be owing to the fact that since the Supreme Court judgement late last year, this self-righteous rightist has joined the ultra-rightist political bandwagon.

The latter has been projected by pollsters to overwhelmingly sweep these elections — as a direct result of the doings of the monstrous public relations firm hired from the land of the let-it-be, oops! free. This US firm is the same that was used fruitfully by President Bush and Hillary Clinton for their respective political campaigns. It has — let there be no doubt about it — successfully projected its client as the potential winner and the next numero uno in Indian politics.

What the majority of the Indians have missed in fine print is that the outgoing Chief Minister of the state of Rajasthan, in the last year elections, had officially filed a complaint with the election commission that the EVMs used in his state were pre-programmed and tampered with — and that the same had come from the state of which this presently hyped-up future Prime Minister of India, is the current Chief Minister. Now, the lawyer who had gone to the dogs to awaken India and the rest of the world about the mischief and malfeasance possible with the old model of EVMs — and had in fact written a book on this subject — is in a wink-wink deep-throat “smadhi”.


A silence that speaks truths we dumb billion idiots on this part of slippery earth cannot fathom. Perhaps it’s a precursor of the things to come.

Let us hope the jolly good hackers of this-that party screw-up each other’s devilish, outright evil plans. In a dog eat dog political crap pit we hapless billion creatures have to walk through every election, maybe this time the ape sitting by the side — the wide-eyed hopeful citizen of India — at least gets a tiny part of the apple pie this messy hacking cat fight will leave behind, on the side lanes.


Perhaps these little crumbs will be enough for us to stay afloat. though not gloat.

In a nutshell, simply put, whosoever “out-hacks” the other, will win.

Then again, we are an ancient civilization of more than 33, 0000000 gods and goddesses — some civilized, others not so civil. Let’s hope one of these fancied deities has a soft corner for us dumbos. Otherwise, we are going to get screwed. A billion times over.

Therefore, I made doubly sure I did not vote. I sat on my ass on voting day — not that I don’t do so everyday. This voting day, I absolutely did. Not only figuratively and metaphorically, but literally. I may have many buts in life, but at least today I have a little sore, yet not so sorry a butt.

We are a fool’s paradise.

Long live the banana republic of India!

LOK SABHA ELECTIONS FIXING

‘FIXING’ Indian Lok Sabha elections

Computer Business Review appeared more certain with the “How Google search results influenced elections” headline for its version of the story, the Guardian reported.”……Google changed its course, it undermined people’s trust in its results and company.”

A press release put out on 13 May by the American Institute for Behavioral Research and Technology, an
independent research organisation based in California created a furore around the topic when it released a report headlined “Could Google have fixed the
Lok Sabha elections? A landmark new study in India shows it’s
possible,” the report added. (ANI)

Let us appeal to the Computer Business Review and the American Institute for Behavioral Research and



Technology, an independent research organisation based in California to review and research on the following technology:

Napolean had once said that “I can face two battalions but not two scribes”. Scribes are aware that the Supreme Court had directed that all the EVMs must be replaced with TAMPER PROOF machines. But the CEC had not




bothered tto replace all the EVMs and went for Lok Sabha elections. Napolean’s suggested scribes have to do some investigative journalism and expose the CEC to save this MURDER of DEMOCRACY and STOP



‘fixing’ Indian Lok Sabha elections.

http://www.sc-efiling.nic.in/sc-efiling/index.html








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users of Supreme Court E-filing have to register him/her through
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“e-FILING” only Advocate-on Record and
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Whenever any
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IN THE
SUPREME COURT OF INDIA


CIVIL
APPELLATE JURISDICTION


CIVIL
APPEAL NO.**** OF 2017

(Arising
out of SLP (Civil) No. 13735 of 2012)

Bahujan Samaj Party

….
Appellant(s)

Versus

Ex CJI Sathasivam Ex Election
Commission of India Sampath

….
Respondent(s) Narendra Modi, Mohan Bagawath, Amit Shah, Venkaiah naidu,

WITH

WRIT
PETITION (C) NO. 406 OF 2012

J U D G M
E N T

P.
Sathasivam, CJI for Ballot Paprers until entire EVMs/VVPAT are replaced

1)

Leave
granted.

Civil
Appeal @ SLP (C) No. 13735 of 2012

2)

This
appeal is directed against the judgment and order

dated
17.01.2012 passed by the Division Bench of the High

Court of
Delhi at New Delhi in W.P.(C) No. 11879 of 2009

whereby
the High Court disposed of the petition by


disallowing
the prayer made by the appellant herein for

issuance
of a writ of


mandamus


directing
the Election


Commission
of India (ECI)-Respondent herein to incorporate


a system
of Paper Ballots until entire  “paper trail/paper receipt” in the Electronic


Voting
Machines (EVMs) as a convincing proof that the EVM


has
rightly registered the vote cast by a voter in favour of a


particular
candidate.




Being
aggrieved of the above, the present appeal has


been
filed by way of special leave.


Writ
Petition (Civil) No. 406 of 2012


4)


One
Jgatheesan Chandrasekharan, R Muniappa, Gopinath, Dr Ashok Siddharth, Rajendra Satyanarayan Gilda has filed this Writ


Petition,
under Article 32 of the Constitution of India, praying


for
issuance of a writ of


mandamus/


direction(s)
directing the


Union of
India
Narendra Modi, Mohan Bagawath, Amit Shah, Venkaiah naidu,

WITH

, the Chief Election Commissioner and the


Technical
Experts Committee-Respondent Nos. 1-3 herein


respectively
to effect the necessary modifications in the


EVMs so
as to allow the voters to verify their respective votes


and to
attach the printers to the EVMs with a facility to print


the
running record of the votes for the purpose of verification

 


by the
voters in the process of voting. He also prayed for a


Page 


3


direction
to frame guidelines and to effect necessary


amendments
in the Conduct of Election Rules, 1961.


5)


In view
of the pendency of the appeal filed by Dr.


Subramanian
Swamy, this Court issued notice in the writ


petition
and tagged with the said appeal.


6)


Heard Dr.
Subramanian Swamy, appellant-in-person in


the
appeal, Dr. R.R. Deshpande, learned counsel for the writ


petitioner,
Mr. Ashok Desai and Ms. Meenakshi Arora, learned


senior
counsel for the ECI.


Contentions:


7)


Dr.
Subramanian Swamy, the appellant herein


contended
before this Court that the present system of


EVMs, as
utilized in the last few general elections in India,


does not
meet all the requirements of the international


standards
and though the ECI maintains that the EVMs


cannot be
tampered with, but the fact is that EVMs, like all


electronic
equipments, are open to hacking.


8)


The
appellant has further highlighted that the instant


matter
arises out of the refusal of the ECI to incorporate a


certain
obvious safeguard in the EVMs called “paper


backup”,
“paper receipt” or “paper trail”, presently in use


and
mandated in some countries like USA, which would easily


and
cheaply meet the requirement of proof that the EVM has


rightly
registered the vote cast by a voter. The appellant has


further
highlighted that the “paper trail” system is to


supplement
the procedure of voting as in this procedure,


after
recording a vote in the EVM, a print out will come out


which
will appraise the voter that his vote has been rightly


registered
and the same will be deposited in a box which can


only be used
by the ECI in case of election dispute.


9)


It is the
categorical stand of the appellant that the


above
said system will bring more accuracy in the present


system
and if a particular election is challenged on the


ground
that some particular identified voter’s voter or the


votes of
a group of voters have been suppressed/have not


been
correctly assigned by the EVMs, the accepted current


procedure
is for a re-run of the same EVMs for a re-count,


however,
under the new procedure, a re-count will be of the


receipts
in the ballot box containing the printouts the EVMs

 

5


had
issued to the voter thereby ensuring more transparency


in the
process.


10)


The writ
petitioner has also raised similar contentions as


those of
Dr. Swamy. According to the petitioner, in the


present
system of voting through EVMs, there is no such


facility
by which a voter can verify and confirm his own


voting.
At present, a voter presses a button only but cannot


ascertain
the actual voting. He is not sure whether his vote


is
recorded or not, if recorded, whether it is recorded in


favour of
the person to whom it was intended or not.


Whether
it is valid or invalid and whether it is counted or not.


It is
submitted by the petitioner that unless and until answers


to these
questions are personally seen by the voter, it cannot


be said
that voting is made by him because “pressing a


button of
choice and getting flashed the red-light” is not


actual
voting in real sense unless the voter knows well that


what has happened
in consequence of pressing a button of


his
choice from the EVMs.


Stand of
the Election Commission of India

 

Page 


6


11)


Mr. Ashok
Desai, learned senior counsel for the ECI


submitted
that the apprehension that EVMs could be


tampered
with is baseless. It was also informed to this Court


that the
ECI has been exploring the possibility of


incorporating
a viable Voter Verifiable Paper Audit Trail


(VVPAT)
system as a part of the presently used EVMs to


make the
election system more transparent. Further, it was


brought
to our notice that the ECI conducted field trials for


VVPAT
system earlier also but the same had not been


successful
and were discontinued. The ECI also filed a


counter
affidavit stating that the EVMs provided by the


Commission
are of such a high end technology that it cannot


be
hacked.


12)
Referring to Section 61A of the Representation of the


People
Act, 1951, it is submitted that the Statute itself


provides
for recording of votes by EVMs and the ECI has been


given the
discretion to prescribe recording of votes by such


EVMs as
it may deem fit. This discretion has to be exercised


in a
manner to preserve the sanctity of the election process


and
ensure that the election is conducted in a free and fair


6




Heard Dr.
Subramanian Swamy, appellant-in-person in


the
appeal, Dr. R.R. Deshpande, learned counsel for the writ


petitioner,
Mr. Ashok Desai and Ms. Meenakshi Arora, learned


senior
counsel for the ECI.


Contentions:


7)


Dr.
Subramanian Swamy, the appellant herein


contended
before this Court that the present system of


EVMs, as
utilized in the last few general elections in India,


does not
meet all the requirements of the international


standards
and though the ECI maintains that the EVMs


cannot be
tampered with, but the fact is that EVMs, like all


electronic
equipments, are open to hacking.


8)


The
appellant has further highlighted that the instant


matter
arises out of the refusal of the ECI to incorporate a


certain
obvious safeguard in the EVMs called “paper


backup”,
“paper receipt” or “paper trail”, presently in use


and
mandated in some countries like USA, which would easily


and
cheaply meet the requirement of proof that the EVM has


rightly
registered the vote cast by a voter. The appellant has


further
highlighted that the “paper trail” system is to


supplement
the procedure of voting as in this procedure,


after
recording a vote in the EVM, a print out will come out


which
will appraise the voter that his vote has been rightly


registered
and the same will be deposited in a box which can


only be used
by the ECI in case of election dispute.


9)


It is the
categorical stand of the appellant that the


above
said system will bring more accuracy in the present


system
and if a particular election is challenged on the


ground
that some particular identified voter’s voter or the


votes of
a group of voters have been suppressed/have not


been
correctly assigned by the EVMs, the accepted current


procedure
is for a re-run of the same EVMs for a re-count,


however,
under the new procedure, a re-count will be of the


receipts
in the ballot box containing the printouts the EVMs

 

5


had
issued to the voter thereby ensuring more transparency


in the
process.


10)


The writ
petitioner has also raised similar contentions as


those of
Dr. Swamy. According to the petitioner, in the


present
system of voting through EVMs, there is no such


facility
by which a voter can verify and confirm his own


voting.
At present, a voter presses a button only but cannot


ascertain
the actual voting. He is not sure whether his vote


is
recorded or not, if recorded, whether it is recorded in


favour of
the person to whom it was intended or not.


Whether
it is valid or invalid and whether it is counted or not.


It is
submitted by the petitioner that unless and until answers


to these
questions are personally seen by the voter, it cannot


be said
that voting is made by him because “pressing a


button of
choice and getting flashed the red-light” is not


actual
voting in real sense unless the voter knows well that


what has happened
in consequence of pressing a button of


his
choice from the EVMs.


Stand of
the Election Commission of India

 

Page 


6


11)


Mr. Ashok
Desai, learned senior counsel for the ECI


submitted
that the apprehension that EVMs could be


tampered
with is baseless. It was also informed to this Court


that the
ECI has been exploring the possibility of


incorporating
a viable Voter Verifiable Paper Audit Trail


(VVPAT)
system as a part of the presently used EVMs to


make the
election system more transparent. Further, it was


brought
to our notice that the ECI conducted field trials for


VVPAT
system earlier also but the same had not been


successful
and were discontinued. The ECI also filed a


counter
affidavit stating that the EVMs provided by the


Commission
are of such a high end technology that it cannot


be
hacked.


12)
Referring to Section 61A of the Representation of the


People
Act, 1951, it is submitted that the Statute itself


provides
for recording of votes by EVMs and the ECI has been


given the
discretion to prescribe recording of votes b

y such


EVMs as
it may deem fit. This discretion has to be exercised


in a
manner to preserve the sanctity of the election process


and
ensure that the election is conducted in a free and fair


6


Page
7
manner. The ECI has exercised due diligence to ensure that
EVMs so used are “tamper proof” and it is also in the process
of exploring to incorporate VVPAT system which is
compatible with the present EVMs used by it. It is asserted
that there is no instance of tampering with EVMs so far by
anyone.
13)
It is further submitted that the EVMs used in India are
unique and unlike the ones used in the elections in USA and
other countries, which are personal computer based. EVMs
deployed by the ECI have been lauded not only in India but
also abroad. EVM’s Control Unit retains in the memory each
vote recorded elector-wise. The information stored in the
memory of the Control Unit can be retrieved by using a
device called the “decoder” which, when attached to the
Control Unit of EVM, can print out the statement of voting
data showing the order in which each voter has voted and to
whom he has voted.
14)
Insofar as the transparency of the election process as
well as the right of a voter to know whether his vote has
actually been recorded for the candidate for whom it was
7


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8
cast is concerned, it is submitted that as soon as a vote is
recorded by a voter by pressing the “candidate’s” button on
the Ballot Unit, a light glows against the name and symbol of
the candidate, which the voter can see for himself/ herself.
This is a visual (electronic) assurance to the voter that the
candidate for whom he has cast his vote has actually got that
vote. Thereafter, the light goes off to protect the secrecy of
voting.
15)
It is further submitted that the feasibility of VVPAT
system was sought to be explored to by various political
parties and they were explained the technical and
administrative safeguards. The ECI also constituted a
Technical Experts Committee to examine the viability of the
VVPAT system. On 27.05.2011, the Technical Experts
Committee, after discussion with political parties and civil
society members and also after seeing the demonstration of
the prototype VVPAT system developed by M/s. Bharat
Electronics Ltd. (BEL) and M/s. Electronics Corporation of
India Ltd. (ECIL), recommended that a field test of the
prototype VVPAT system should be carried out in a simulated
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9
election under different environmental conditions in
Jaisalmer, Thiruvananthapuram, Delhi, Leh and Cherapunji.
The ECI also held further meetings with the manufacturers of
EVMs on various dates to fine tune the system and expedite
the follow up action required. Several meetings were also
held with the Expert Committee on VVPAT system.
16)
In wider fulfillment of the objectives of the field trial, the
ECI has requested the National and State parties to extend
necessary cooperation by getting involved in the trial process
actively and also witness the trial in order to have a first
hand experience of the system. The ECI has also requested
the individuals including the appellant – Dr. Subramanian
Swamy and the groups, who have been engaged with the ECI
on the issue of EVM-VVPAT, to witness the trial.
17) We have carefully perused the relevant materials and
considered the rival contentions.
Discussion
18)
When the matter was listed before this Court for
hearing on 27.09.2012, Mr. Ashok Desai had brought to our
notice that the ECI is contemplating foolproof method in
9



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10
EVMs for which they are taking various steps in consultation
with the Technical Experts Committee and the views of all
recognized political parties. Mr. Desai also promised to
appraise this Court about the deliberations and the ultimate
decision to be taken by them in this regard. Accordingly, this
Court granted sufficient time to the ECI to file Status Report
regarding introduction of VVPAT system in EVMs to be used
in the elections.
19)
Pursuant to the directions of this Court, the ECI filed a
Status Report on the developments of VVPAT system. In the
said report, the ECI, citing various technicalities, prayed for
further time to make the system more robust for the field
conditions.
20)
On 15.12.2012, M/s BEL, Bangalore filed a report
showing the status of development of VVPAT system which
contains changes that have been carried out in VVPAT from
September to December, 2012 and also furnished
chronological changes made in VVPAT system after the field
trial of the VVPAT system held in July and August, 2012.
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11
21)
Pursuant to the directions of this Court, the Secretary,
ECI, filed an affidavit highlighting the following steps/
information:
(i)
That vide its Affidavit dated 14.01.2013, the
Commission had filed the status report regarding
introduction of the VVPAT system in the Electronic
Voting Machines (EVMs).
(ii)
That subsequently, in the Technical Expert
Committee meeting held on 04.02.2013, the
Committee approved the design of the VVPAT and
decided that software fine tuning will be done and
completed by the end of February, 2013, and
modified design specifications will be submitted to
the Technical Expert Committee for approval.
The Committee also recommended that the
Commission may for using the VVPAT and that the
VVPAT should be tried in a bye-election.
(iii)
That in the Technical Expert Committee
meeting held on 19.02.2013, the Committee
finalized the VVPAT design.
The manufacturers, namely, M/s. Bharat Electronics
Limited and M/s. Electronics Corporation of India
Limited have quoted Rs. 16,200/- (excluding duties,
taxes and transport charges) per VVPAT system.
The Commission has decided to purchase sufficient
units of VVPAT for trials in a Bye-election, at an
approximate cost of Rs.72,90,000/- (Rupees seventy
two lakh ninety thousand) approximately.
(iv)
It is submitted that the Commission will
require approximately 13 lakh VVPAT units to be
manufactures for 13 lakh EVMs presently available
and roughly about Rs. 1690 crores (One Thousand
Six Hundred Ninety Crores)(i.e. 13 lakh units x
Rs.13,000 per unit) are required for the purpose of
implementation of the VVPAT system taking into
account the possible reduction in the cost per unit
when produced in bulk.
(v)
It is further submitted that in order to
implement the new system the Conduct of Election
Rules, 1961 will require certain amendments.
In this connection, vide letter No.
3/1/2013/Vol.II/SDR/86 dated 28.03.2013, the
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12
Commission has informed the Legislative
Department of the Ministry of Law and Justice
inter
alia
the various amendments required to the
relevant parts of Rules 49A to 49X, 66A, 55C, 56C,
57C and Form 17C of the Conduct of Elections Rules,
1961, as well as introduction of Rules 49MA and 56D
in the said Rules…
(vi)
That the Commission has called for a meeting
of all the recognized National and State Parties on
10
th
May, 2013 for the purpose of demonstration of
VVPAT unit to them and for discussion with them for
eliciting their views regarding use of VVPAT system
in the elections. The petitioner herein and others
interested in the matter would also be invited at the
meeting.”
22)
It is seen from the records that after various
deliberations with the experts and persons concerned with
the technology, the Technical Experts Committee approved
the final design of VVPAT units in its meeting held on
19.01.2013. In order to meet the directions of this Court and
for proper execution of VVPAT system, as noticed above, the
ECI in its letter dated 28.03.2013, addressed to the Secretary
to the Government of India, Ministry of Law and Justice stated
that necessary ground work for amendment to the Conduct
of Election Rules, 1961 (in relevant parts in Rules 49A to 49X,
66A, 55C, 56C, 57C and Form 17C) may be made so that the
amendment to the Rules can be notified immediately which
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13
will enable the ECI to use the VVPAT system in bye-elections
in consultation with the political parties. By placing all those
materials, the ECI requested the Ministry of Law and Justice
for drafting and notifying amendment Rules expeditiously.
23)
From the materials placed by the ECI, it is noted that
the purchase order has been placed with M/s BEL and M/s
ECIL for supplying 150 and 300 VVPAT units respectively at
Rs. 16,200/- per unit excluding excise duty, sales tax and
transportation etc. costing Rs. 72,90,000/- (approx.). The ECI
has also highlighted that if the VVPAT systems are ultimately
to be used with all the 13 lakh EVMs available, the total cost
in the purchase of VVPAT units may come to about Rs. 1,690
crores, taking into account the possible reduction in the cost
per unit due to bulk production the cost may come to Rs.
13,000/- per unit approximately.
24)
The affidavit dated 21.08.2013, filed on behalf of the
ECI, shows that the Ministry of Law and Justice, on
24.07.2013, referred the draft notification to amend the
Conduct of Election Rules, 1961 to provide for use of VVPAT
system of elections to the ECI for its views and comments.
13


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14
The ECI suggested certain minor modifications in the draft
notification and sent the same back to the Ministry of Law
and Justice on 02.08.2013 with a request to notify the
amendment Rules at the earliest. Accordingly, the Ministry
of Law and Justice notified the amendments to the Conduct
of Election Rules, 1961 in the Gazette of India vide
notification No. S.O. 2470(E) dated 14.08.2013 to enable use
of VVPAT with EVMs.
25)
The aforesaid affidavit of the ECI also shows that the
ECI had also convened a meeting of all the recognized
National and State political parties on 10.05.2013 and
demonstrated before their representatives the working of
VVPAT system. Separately, on the same day, the ECI also
held a meeting with individuals including the appellant
herein who had been engaged with the ECI over the past
several years regarding the functioning of EVMs. VVPAT
system was demonstrated before them as well.
Representatives of political parties and other individuals
expressed their satisfaction over the VVPAT system.
Thereafter, the ECI had decided to use the VVPAT system in
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15
the bye-election from 51-Noksen (ST) Assembly Constituency
in the State of Nagaland. Instructions were issued to hold
special meetings with the contesting candidates in that
constituency to brief them about the use of VVPAT system.
The ECI also organized special training sessions for poll
officers for the use of VVPAT and steps were taken to
educate the electors for the same.
26)
After various hearings, when the matter was heard on
4.10.2013, an affidavit dated 01.10.2013 filed on behalf of
the ECI was placed before this Court. The said affidavit was
filed to place on record the performance/result of the
introduction of the VVPAT system in the bye-election from
51-Noksen (ST) Assembly Constituency of Nagaland for which
the poll was conducted on 04.09.2013 indicating the future
course of action to be decided by the ECI on the basis of said
performance. By this affidavit, it was brought to our notice
that since VVPAT system was being used for the first time,
the ECI has decided that intensive training shall be given to
the polling officers. Members of the Technical Experts
Committee of the ECI also went to supervise training and the


Page
16
actual use of VVPAT in the bye-election. It is further stated
that the ECI also wrote letters to all the recognized political
parties and other persons, including the appellant herein,
engaged with the ECI on this subject inviting them to witness
the use of VVPAT. It is also brought to our notice that VVPAT
was successfully used in all the 21 polling stations of 51-
Noksen (ST) Assembly Constituency of Nagaland. It was also
stated that as per the Rules, the paper slips of VVPAT shall
not be counted normally except in case the Returning Officer
decides to count them on an application submitted by any of
the candidates. However, since VVPAT system was being
used for the first time in any election, the ECI decided on its
own to count paper slips of VVPAT in respect of all polling
stations. According to the ECI, no discrepancy was found
between the electronic and paper count.
27)
In the said affidavit, it is finally stated that the ECI has
decided to increase the use of VVPAT units in a phased
manner and for this purpose the ECI has already written to
the Government of India, Ministry of Law and Justice to issue
administrative and financial sanction for procurement of
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Page
17
20,000 units of VVPAT (10,000 each from M/s BEL and M/s
ECIL) costing about Rs. 38.01 crore.
28)
Though initially the ECI was little reluctant in
introducing “paper trail” by use of VVPAT, taking note of the
advantage in the system as demonstrated by Dr.
Subramanian Swamy, we issued several directions to the
ECI . Pursuant to the same, the ECI contacted several expert
bodies, technical advisers, etc. They also had various
meetings with National and State level political parties,
demonstrations were conducted at various places and finally
after a thorough examination and full discussion, VVPAT was
used successfully in all the 21 polling stations of 51-Noksen
(ST) Assembly Constituency of Nagaland. The information
furnished by the ECI, through the affidavit dated 01.10.2013,
clearly shows that VVPAT system is a successful one. We
have already highlighted that VVPAT is a system of printing
paper trail when the voter casts his vote, in addition to the
electronic record of the ballot, for the purpose of verification
of his choice of candidate and also for manual counting of
votes in case of dispute.
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18
29)
From the materials placed by both the sides, we are
satisfied that the “paper trail” is an indispensable
requirement of free and fair elections. The confidence of the
voters in the EVMs can be achieved only with the
introduction of the “paper trail”. EVMs with VVPAT system
ensure the accuracy of the voting system. With an intent to
have fullest transparency in the system and to restore the
confidence of the voters, it is necessary to set up EVMs with
VVPAT system because vote is nothing but an act of
expression which has immense importance in democratic
system.
30)
In the light of the above discussion and taking notice of
the pragmatic and reasonable approach of the ECI and
considering the fact that in general elections all over India,
the ECI has to handle one million (ten lakhs) polling booths,
we permit the ECI to introduce the same in gradual stages or
geographical-wise in the ensuing general elections. The
area, State or actual booth(s) are to be decided by the ECI
and the ECI is free to implement the same in a phased


Page
19
manner. We appreciate the efforts and good gesture made
by the ECI in introducing the same.
31)
For implementation of such a system (VVPAT) in a
phased manner, the Government of India is directed to
provide required financial assistance for procurement of units
of VVPAT.
32)
Before parting with the case, we record our appreciation
for the efforts made by Dr. Subramanian Swamy as well as
the ECI, in particular Mr. Ashok Desai and Ms. Meenakshi
Arora, learned senior counsel for the ECI.
33)
With the above directions, the appeal and the writ
petition are disposed of. No separate order is required in the
applications for intervention. Both sides are permitted to
approach this Court for further direction(s), if need arises.
………………………………………….CJI
(P. SATHASIVAM)
………………………………………..J.
(RANJAN GOGOI)
19

20
NEW DELHI;
OCTOBER 8, 2013.



The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 was enacted by the Parliament of India (Act 33 of 1989), to prevent atrocities against scheduled castes and scheduled tribes. The Act is popularly known as POA, the SC/ST Act, the Prevention of Atrocities Act, or simply the Atrocities Act.

Article 17 of Indian Constitution seeks to abolish ‘untouchability’
and to forbid all such practices. It is basically a “statement of
principle” that needs to be made operational with the ostensible
objective to remove humiliation and multifaceted harassments meted to
the SC/STs and to ensure their fundamental and socio-economic,
political, and cultural rights.

Historical sketch

In modern times, atrocities against the Scheduled Castes can be traced
back to the 19th century in parts of India when the systemic practice of
‘untouchability’ began to be challenged by the ‘Untouchables’. A
Committee which toured British India in the 1920s to review the working
of the Government of India Act 1919 noted that many atrocities were
being committed during those days against the ‘Untouchables’, but were
going unnoticed and unpunished because witness would not come forward to
give evidence. Dr Ambedkar, then MLC of Bombay, cited some early
instances of atrocities against Dalits in his submission to the Indian
Statutory Commission (Simon Commission) on behalf of the Bahishkrita
Hitakarini Sabha on 29 May 1928.

Necessity

Atrocities rooted in caste system

A study conducted by the National Commission for SCs and STs in 1990 on Atrocities on Scheduled Castes and Scheduled Tribes: Causes and Remedies
pointed out various causal factors for atrocities: land disputes; land
alienation; bonded labour; indebtedness; non-payment of minimum wages;
caste prejudice and practice of untouchability; political factions on
caste lines; refusal to perform traditional works such as digging burial
pits, arranging cremations, removing carcasses of dead animals and
beating drums; etc. The deep root for such atrocities is traceable to
the caste system, which “encompasses a complete ordering of social
groups on the basis of the so-called ritual purity. A person is
considered a member of the caste into which s/he is born and remains
within that caste until death….”[5]

Considered ritually impure, SCs have been physically and socially
excluded from mainstream society, denied basic resources and services,
and discriminated against in all areas of life. Accordingly, they face
various forms of exploitation, insults and violence, as well as
degrading practices of untouchability. The Scheduled Tribes were equally
exploited on grounds of not falling within the caste system but having a
distinct culture and worldview of their own. “Women belonging to these
castes and tribes bore double burden. They were exploited by caste and
gender, and were vulnerable to and powerless against sexual
exploitation.”[6]

Continuing widespread prevalence

Despite the right to non-discrimination on the basis of race or caste
enshrined in Article 15 of the Indian Constitution, discrimination
against SCs and STs is pervasive. Though abolished and forbidden by
Article 17, the practice of ‘untouchability’ persists due to its
systemic character. Hence, the Indian Parliament enacted the
Untouchability Offences Act 1955, which underwent amendment and renaming
in 1976 to become the Protection of Civil Rights (PCR) Act. Under this
Act, ‘untouchability’ as a result of religious and social disabilities
was made punishable. However, due to legal loopholes, the levels of
punishments being less punitive as compared to those of the IPC, and the
law and order machinery being neither professionally trained nor
socially inclined to implement such social legislation, a more
comprehensive and more punitive Act was required to protect SCs and STs
from violence committed by other communities. This gave rise to the
SC/ST (PoA) Act 1989.

Objectives

The basic objective and purpose of this more comprehensive and more
punitive piece of legislation was sharply enunciated when the Bill was
introduced in the Lok Sabha:

“Despite various measures to improve the socio-economic
conditions of the SCs and STs, they remain vulnerable… They have, in
several brutal incidents, been deprived of their life and property…
Because of the awareness created… through spread of education, etc.,
when they assert their rights and resist practices of untouchability
against them or demand statutory minimum wages or refuse to do any
bonded and forced labour, the vested interests try to cow them down and
terrorise them. When the SCs and STs try to preserve their self-respect
or honour of their women, they become irritants for the dominant and the
mighty…
Under the circumstances, the existing laws like the Protection of
Civil Rights Act 1955 and the normal provisions of the Indian Penal
Code have been found to be inadequate to check and deter crimes against
them committed by non-SCs and non-STs… It is considered necessary that
not only the term ‘atrocity’ should be defined, but also stringent
measures should be introduced to provide for higher punishment for
committing such atrocities. It is also proposed to enjoin on the States
and Union Territories to take specific preventive and punitive measures
to protect SCs and STs from being victimized and, where atrocities are
committed, to provide adequate relief and assistance to rehabilitate
them.”
[7]

The objectives of the Act, therefore, very clearly emphasise the
intention of the Indian state to deliver justice to SC/ST communities
through affirmative action in order to enable them to live in society
with dignity and self-esteem and without fear, violence or suppression
from the dominant castes.[8]

The Supreme Court of India too reiterated the significance and importance of the Act:[9]

“The offences of atrocities are committed to humiliate and
subjugate the SCs and STs with a view to keep them in a state of
servitude. Hence, they constitute a separate class of offences and
cannot be compared with offences under the Indian Penal Code.”

Salient features

The provisions of SC/ST Act and Rules can be divided into three
different categories, covering a variety of issues related to atrocities
against SC/ST people and their position in society.

The salient features of the Act are

  1. Creation of new types of offences not in the Indian Penal Code (IPC) or in the Protection of Civil Rights Act 1955 (PCRA).
  2. Commission of offences only by specified persons (atrocities can be
    committed only by non-SCs and non-STs on members of the SC or ST
    communities. Crimes among SCs and STs or between STs and SCs do not come
    under the purview of this Act).
  3. Defines various types of atrocities against SCs/STs (Section 3(1)i to xv and 3(2)i to vii).
  4. Prescribes stringent punishment for such atrocities (Section 3(1)i to xv and 3(2)i to vii).
  5. Enhanced punishment for some offences (Section 3(2)i to vii, 5).
  6. Enhanced minimum punishment for public servants (Section 3(2)vii).
  7. Punishment for neglect of duties by a public servant(Section 4).
  8. Attachment and forfeiture of property (Section 7).
  9. Externment of potential offenders (Section 10(1), 10(3), 10(3)).
  10. Creation of Special Courts (Section 14).
  11. Appointment of Special Public Prosecutors (Section 15).
  12. Empowers the government to impose collective fines (Section 16).
  13. Cancellation of arms licences in the areas identified where an
    atrocity may take place or has taken place (Rule 3iii) and seize all
    illegal fire arms (Rule 3iv).
  14. Grant arms licences to SCs and STs (Rule 3v).
  15. Denial of anticipatory bail (Section 18).
  16. Denial of probation to convict (Section 19).
  17. Provides compensation, relief and rehabilitation for victims of
    atrocities or their legal heirs (Section 17(3), 21(2)iii, Rule 11,
    12(4)).
  18. Identification of atrocity prone areas (Section 17(1), 21(2)vii, Rule 3(1)).
  19. Setting up deterrents to avoid committing of atrocities on the SCs amongst others (Rule 3i to 3xi).
  20. Setting up a mandatory, periodic monitoring system at different levels (Section 21(2)v):
  • District level (Rule 3xi, 4(2), 4(4), 17).
  • State level (8xi, 14, 16, 18).
  • National level (Section 21(2), 21(3), 21(4)).

Together with the rules, it provides a framework for monitoring the
state response to the atrocities against Scheduled Castes and Scheduled
Tribes. According to the Act and Rules, there are to be monthly reports
(from the District Magistrates), quarterly review meetings at the
district level by the District Monitoring and Vigilance Committee (DVMC)
and half yearly reviews by a 25 member State Monitoring and Vigilance
Committee (SVMC) the chaired by the Chief Minister. The performance of
every Special Public Prosecutor (SPP) will also have to be reviewed by
the Director of Public Prosecutions (DPP) every quarter. Annual reports
have to be sent to the central government by 31 March every year.

The Act and Rules are a potent mechanism and precision instruments
that can be used in tandem with the Right To Information (RTI) Act 2005
to motivate the state to hold the mandatory meetings and enforce
compliance. A Human Rights Defenders Monitoring Calendar has been developed from the Act and rules to help human rights defenders, and the functions and duties of the monitoring authorities (the SVMC and DVMC).

Defining ‘atrocity’

The term ‘atrocity’ was not defined until this Act was passed by the
Parliament in 1989. In legal parlance, the Act understands the term to
mean an offence punishable under sections 3(1) and 3(2).

In specific terms:

  1. Atrocity is “an expression commonly used to refer to crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs) in India”.
  2. It “denotes the quality of being shockingly cruel and inhumane, whereas the term ‘crime’ relates to an act punishable by law”.
  3. It implies “any offence under the Indian Penal Code (IPC) committed
    against SCs by non-SC persons, or against STs by non-ST persons. Caste
    consideration as a motive is not necessary to make such an offence in
    case of atrocity”.
  4. It signifies “crimes which have ingredients of infliction of
    suffering in one form or the other that should be included for
    reporting”. This is based on the assumption that “where the victims of
    crime are members of Scheduled Castes and the offenders do not belong to
    Scheduled Castes caste considerations are really the root cause of the
    crime, even though caste considerations may not be the vivid and minimum
    motive for the crime”.

The Act lists 22 offences relating to various patterns of behaviours
inflicting criminal offences for shattering the self-respect and esteem
of SCs and STs, denial of economic, democratic and social rights,
discrimination, exploitation and abuse of the legal process, etc.

Section 3 of the Act lists the criminal offences and the punishments. It contains:

These protections can be broadly divided into protection from

The common denominator of the offences is that criminal liability can
only be established if the offence is committed by a person who is not a member of a Scheduled Caste or a Scheduled Tribe against a person who belongs to a Scheduled Caste or a Scheduled Tribe.

Special Courts

For speedy trial, Section 14 of the Act provides for a Court of
Session to be a Special Court to try offences under this Act in each
district. Rule 13(i) mandates that the judge in a special court be
sensitive with right aptitude and understanding of the problems of the
SCs and STs.

However, that is seldom the case. Most states have declared a court
as a ’special court’. The hitch is that they are designated courts (as
opposed to exclusive special courts) and so have to hear many other
cases too. Consequently, at any time about 80% of the cases are pending[14]—defeating the very purpose of having special courts in the first place.

Special Court Justice Ramaswamy observed in the case of State of Karnataka v. Ingale[15]
that more than seventy-five percent of the cases brought under the
SC/ST Act end in acquittal at all levels. The situation has not improved
much since 1992 according to the figures given by the 2002 Annual
Report dealing with SC/ST Act (of the Ministry of Social Justice and
Empowerment)[16]
Of the total cases filed in 2002 only 21.72% were disposed of, and, of
those, a mere 2.31% ended in conviction. The number of acquittals is 6
times more than the number of convictions and more than 70 percent of
the cases are still pending.[17]

Inaugurating a two-day annual conference of State Ministers of
Welfare/Social Justice, 8 Sept 2009, Prime Minister Singh expressed
’shock’ that the conviction rate of cases of atrocities against the
SC/STs is less than 30% against the average of 42% for all cognisable
offences under the Indian Penal Code.[18]

Karnataka has only 8 Special courts, though 15 of 30 districts are
declared ‘atrocity prone’. Overall conviction rates remain at or below
5%. Even the few special courts seem to be biased. In 2010, of the 101
cases disposed of in the Tumkur special court, not one was convicted.
Gulbarga, another atrocity prone district had a conviction rate of just
2%. 7 districts had a conviction rate of 0% in 2010.[19]

Investigation

According to Rule 7(1)[20]
investigation of an offence committed under the SC/ST Act cannot be
investigated by an officer not below the rank of Deputy Superintendent
of Police (DSP).

Various High Courts have vitiated the trail based on the above rule and have improperly set aside the order of conviction.[21]
The rule was to ensure that the investigations were of high quality,
and the assumption was that senior officials would not be as biased, nor
as vulnerable to other pressures, as those in the lower rungs of the
police force. But the judges in their wisdom have allowed perpetrators
to go free based on this legal fig leaf.

The Andhra Pradesh High Court, in D. Ramlinga Reddy v. State of AP,[22]
took the position that provisions of Rule 7 are mandatory and held that
investigation under the SC/S (Prevention of Atrocities) Act has to be
carried out by only an officer not below the rank of DSP. An
investigation carried out and charge sheet filed by an incompetent
officer is more than likely to be quashed. Similarly, the Madras High
Court in M. Kathiresam v. State of Tamil Nadu[23]
held that investigation conducted by an officer other than a DSP is
improper and bad in law and proceedings based on such an investigation
are required to be quashed. The Courts without taking into consideration
the inadequacies of the State, have been punishing SC/STs (the victims)
for the same. Shri Pravin Rashtrapal, Member of Parliament rightly
pointed out that there are insufficient officers at that level.[24] His statement is supported by the Annual Report of 2005-2006 of Ministry of Home Affairs.[25]
Of the total posts sanctioned by the government under Indian Police
Service (IPS) more than 15 percent of the posts are vacant. This
basically means that there is one IPS officer for 77,000 SC/STs.33

In the case of Karnataka, there were no officers of the required rank
in three districts, as admitted by the government at the State
Vigilance and Monitoring Committee (SVMC) in September 2010.[26]
Though officers of higher rank can conduct the investigation (the Act
only says ‘at least of rank’), in practice they seldom do.

Compensation

Atrocities often take place when persons belonging to the SC
community do not fulfill their ‘caste functions’ by doing ritually
prescribed ‘unclean’ work or break the caste boundaries such as sitting
in the bus or wearing a turban—often the preserve of the dominant
castes. Atrocities are often a form of ‘collective’ punishment for
daring to have even some semblance of non-dependence which is termed as
‘prosperous’, and the atrocity is to bring them back into the situation
of total dependence and servitude. The state therefore has the duty to
help the community back on its feet.

In fact, a part of the reason why atrocities are committed is
economic activity. In my experience, I have seen that in some areas, the
Scheduled Caste or the Scheduled Tribe person is prosperous. My
knowledge is mostly about the Scheduled Caste, not about the Scheduled
Tribe. It is because of the economic activity, because of the
enterprise, there are areas where the Scheduled Caste people have also
become prosperous. The Scheduled Caste people are able to build brick
and stone houses. The Scheduled Caste people are able to acquire
vehicles. The Scheduled Caste people are able to dress better, send
their children to better schools. One of the reasons why atrocities take
place in those places is to cripple them economically. Every riot,
every arson case cripples them economically. Therefore, it is important
that the State must immediately rush in social and economic measures for
the rehabilitation of those who have suffered through these atrocities.
[27]

The government has prescribed a schedule for compensation[28]
under Rule 12.(4)) as Annexure 1 entitled Norms for Relief Amount. This
is periodically updated. The amendment of 23 December 2011 is available
here

Record

As ‘police’ and ‘public order’ are state subjects, primary
responsibility for prevention of atrocities and maintenance of law and
order rests with the State Governments. A responsive police
administration has always been recognized as an essential requirement in
any society that seeks to take care of its citizens. Such responsive
administration is essential for prevention of atrocities likely to be
inflicted upon SCs and STs by unscrupulous non-SC/ST elements.

Section 21(1) and (2) of SC/ST (POA) Act, 1989 stipulate that the
State Government shall take all such measures as may be necessary for
its effective implementation. However despite the Act and Rules, the
situation has not changed much. The incidence of atrocities is actually
increasing, and the implementation of the law leaves much to be desired
as this statement of the Union Minister for Home Affairs shows:

“Madam, I must concede that the statistics do not reflect any
decline in the atrocities. On the contrary, the information compiled by
the Crime Records Bureau shows that the number of cases registered of
atrocities against the Scheduled Castes and the Scheduled Tribes is, in
fact, on the rise. I have the numbers from 2006 to 2008, subsequent
years are being compiled. Take for example the case of the Scheduled
Castes. The number of cases of atrocities against the Scheduled Castes
registered in 2006 was 26,665. That itself is an understatement. Many of
the cases are simply not registered. In 2007, it was 29,825 and in 2008
it was 33,365. So, this clearly shows the rise in trend.

I can make one or two deductions from this.

  1. Firstly that there is no let up in the atrocities committed on the Scheduled Castes.
  2. The other inference one can make is, perhaps, because of the
    pressure that is put on the State Governments by the Central Government,
    by public opinion and by NGOs, now the States are showing greater
    willingness to deal with the problem. Therefore, more cases are being
    registered.

[…]

We cannot be happy about the fact that approximately 33,000 cases
are being registered as atrocities against Scheduled Castes in one year.
What makes it even more disturbing is that while so many cases are
registered, the conviction rate hovers around 30%. What makes it doubly
painful is that there is rise in atrocities, but when you try to
prosecute and convict, the conviction rate is only 30%. It was 28%,
31.4% and 32%. Not only are acquittals very high; pendency is about 80%.
[…]

I am afraid that the disposal of the cases is low; the rate of
conviction is low. Therefore, it is fair to conclude that the feeling
amongst the Scheduled Castes and the Schedule Tribes that all these laws
and all these statements, all these pronouncements have really not
brought any relief to them. That feeling is running high and I cannot
but say that feeling is justified.”[14]
(p143,144 of the printed text).

23 States have set up SC/ST Protection Cells. Nodal Officers have been appointed in 28 States.[3]

Though the Act and rules are stringent, it is not a deterrent, as the
Minister for Home Affairs P Chidambaram admitted in the Lok Sabha,
referring to the Central Committee monitoring the implementation of the
Act:

A committee under the Chairmanship of the Minister of Social
Justice was set up after the SCs and STs (PoA), 1989 was passed. That
Committee has met, so far, 10 times. The situation in 25 States and 4
Union Territories were reviewed. That committee has expressed that the
most important areas of concern are the following five:

  1. firstly, the high rate of acquittal;
  2. secondly, the high rate of pendency of cases and very low rate of disposal;
  3. thirdly, inadequate use of the preventive provisions of the Act,
    while the punitive provisions are invoked and FIR is registered,
    preventive provisions are rarely invoked;
  4. fourthly, that the committees and other mechanisms provided in the Act have virtually not been put to use; and fifthly,
  5. the Act itself may not be deterrent, perhaps it is not being as deterrent as we thought it could be.[14]

Drawbacks and lacunae

Bias

Going through the Indian judicial system is degrading for any Dalit
because of the still existing biases of the court judges. One example is
the conduct of an Allahabad High Court judge who had his chambers
“purified” with water from the ‘ganga jal’ because a Dalit judge had
previously sat in that chamber before him.[29] Another example is the case of State of Karnataka v. Ingale.[15]
The State of Karnataka had charged five individuals with violating the
SC/ST Act. At trial, four witnesses testified that the defendants had
threatened Dalits with a gun to stop them from taking water from a well.
The defendants told the Dalits that they had no right to take water,
because they were `untouchables’. The trial judge convicted all of the
defendants. On appeal, the Additional Sessions judge confirmed the
conviction of three defendants but acquitted two. On further appeal to
the High Court, the judge acquitted all the defendants after rejecting
the testimony of the four Dalit witnesses. The Dalits finally got relief
from the Supreme Court.

Perhaps the most important bias (re implementation of this Act) is
that there is little done to prevent atrocities. Most of the reports are
of what is done after an atrocity has been committed. Few states have
preventive measures in place. The ‘relief’ provided is a pittance and
the confidence of the community is seldom rebuilt.

For the opponents of social justice, the low conviction rates are
evidence of misuse of the Act by the SCs and STs to threaten and
blackmail other communities. Actual data on such misuse is not
available. However, the acquittal rates are abnormally high, as
acknowledged by the prime minister and home minister (quoted above).
There is also a high rate of FIRs rejected as being ‘false’ by the
police. In Karnataka the rejection rate at the police station level (the
‘B’ report that classifies a case as false) was 77% of total cases
disposed off in 2009[30]—so
much so that it became a topic for discussion in the SVMC. There were
accusations by the top police officers and the top legal officers of the
state, in the presence of the chief minister, other ministers and top officials, that the other was not doing their duty.[31]

Legal system

The legal regime is fraught with contradictions. While the legal text
is explicit in seeking remedies, the implementation of the text appears
to evade actual performance. Laws and legal processes are not
self-executing; they depend on the administrative structure and the
judiciary with the anticipation that the social attitudes are driven by
notions of equity, social justice and fair play.[32]
However, the increasingly indifferent responses of those involved in
the implementation of laws protecting the weak, the oppressed and the
socially disadvantaged have persisted over the years and the system has
failed to provide for self-correction. The problem is that the victims
of atrocities suffer not only bodily and mental pain but also feelings
of insecurity and social avoidance which is not present for the victims
of other crimes. If the judge delegated to protect them shows
indifference, it further aggravates their already vulnerable position.

Rehabilitation

According to the preamble of the SC/ST Act, it is an Act to prevent
the commission of offences of atrocities against SC/STs, to provide for
Special Courts for the trial of such offences and for the relief and
rehabilitation of the victims of such offences. The Madhya Pradesh High
Court also had the same view and observed in the case of Dr. Ram Krishna
Balothia v. Union of India[33]
that the entire scheme of the SC/ST Act is to provide protection to the
members of the Scheduled Castes and Scheduled Tribes and to provide for
Special Court and speedy trial of the offences. The Act contains
affirmative measures to weed out the root cause of atrocities, which has
denied SCs and STs basic civil rights. The Act has addressed the
problem the regarding the dispensation of justice, but what the failed
to deal with is the problem of ‘rehabilitation’. There is mention of
rehabilitation under Section 21(2)(iii), but there are no provision
addressing the same. As it has been stated earlier that victims of
atrocities are on a different level when compared to victims of other
crimes, hence there should be special provision for the same. According
to the report submitted by the National Commission for Review and
Working of the Constitution,[34]
victims of atrocities and their families should be provided with full
financial and any other support to make them economically self-reliant
without their having to seek wage employment from their very oppressors
or classes of oppressors. Also it would be the duty of the state to
immediately take over the educational needs of the children of such
victims and provide for the cost of their food and maintenance.

SCs and STs constitute 68% of the total rural population. According
to the 1991 agricultural census a large number of SCs and STs are
marginal farmers compared to the other sections of the society and
because of this the number of cultivators are going down. In other
words, the landlessness is increasing at a faster rate among SCs and
STs. At the same time, the number of SC and ST workers as agricultural
labourer is increasing at a faster rate when compared to other sections
of the society. This basically implies that after losing their land
holdings, SC and ST cultivators are becoming agriculture labourers. Loss
of land, on the one hand, is caused by atrocities making them more
vulnerable. This in turn fuels and promotes continuance of atrocities
and untouchability.

Marginalisation is one of the worst forms of oppression.[citation needed]
It expels a whole category of people from useful participation in the
society and therefore potentially subjected to material deprivation and
this could even lead to extermination. Moreover, this leads to the state
of powerlessness which perhaps is best described negatively; the
powerless lack authority, status and a sense of self.[35] Moreover, every right has three types of duties[citation needed]—duty to

Though the SC/ST Act does cover these duties, and its implementation
is admittedly uneven, it is found wanting most in the third: duty to aid
the deprived. One possible reason could be that the State has to work
through its officials who are drawn from the same oppressive social
strata. Though the Act does mention that officers and other staff
appointed in an area prone to atrocity shall have the right aptitude and
understanding of the problems of the SCs and STs
(Rule 13(1))
in practice, these officials often collude with their caste brethren
and even file counter-cases against the victims or their family members.[36]
This means, in addition to the perpetrators getting away with the
original crime, free to further intimidate the victims, the victims are
left helpless—denied the government compensation and assistance to
rebuild their life. They have to go back to the same perpetrator caste
for their livelihood or daily wage labour. Hence, it is necessary to
make the SCs and STs self-dependent.

Lack of awareness

The statement of object and reason of the SC/ST Act clearly reveals
that the Act, in its letter and spirit, desires that Dalits lead a
dignified life. However, even after 16 years of its existence in the
statute book, it has not shown its desired effect.

The majority of the beneficiaries of this Act are unaware of the
legitimate claims of leading a dignified way of life or are unwilling to
enforce it intensively. Even the Police, prosecutors and judicial
officers are unaware of this Act as was pointed out by Calcutta High
Court in the case of M.C. Prasannan v. State of West Bengal.[37]

Misapplication of the Act by police and the courts aggravates the problem ultimately leads to acquittals.[38]

Some atrocities not covered

Social and economic boycott and blackmail are widespread. In view of
the fact that the main perpetrators of the crime sometimes co-opt a few
SC/STs with them and take advantage of local differences among the
SC/STs and sometimes they promote and engineer crimes but get them
executed by some members of SC/STs, the Act should be suitably amended
to bring such crimes and atrocities within the purview of the definition
of atrocities under the Act.[34]

Likewise, the Special Courts established under Section 14 of the Act
are required to follow the committal procedure under Cr.P.C. Such an
interpretation prevents the speedy trial envisaged under the Act. The
absence of adequate special courts has resulted in slow disposal of
atrocity cases and a huge backlog.

Dalits in other religions not covered

This Act is applicable only for those communities that are in the
government Schedule Caste or Schedule Tribe lists. Those who suffer from
caste based discrimination (CBD) but are left out of the government
list—the Dalits—(mainly
those who profess Christianity or Islam, but even others who are not on
the list due to mis-classification) do not come under its purview. This
makes Dalits
who have exercised their freedom of religion more vulnerable (if they
or their ancestors changed their religion) or subject to administrative
whims and fancies (if they profess to be Hindu, Sikh or Buddhist).

Empowering provisions

Migration

Under constitutional provisions, a caste or tribe is notified with
reference to a State or Union territory. Hence a person born in state/UT
gets certificate of SC/ST if his/her father belongs to specified
caste/tribe in that state as SC/ST. On migration to another state, they
lose their SC/ST status for affirmative actions, i.e. benefit of
admission in educational institutes, reservation in government
employment etc. but the protection accorded under this Act stays.[citation needed]
Once a person is notified as SC/ST in any state/UT, they are protected
under the SCs and STs (Prevention of Atrocities) Act, 1989 throughout
the country, irrespective of whether the particular caste or tribe is
notified in the state/UT where the offence is committed.

Legal aid

Legal aid is available for all victims regardless of financial status. For all others legal aid depends on the financial status.

Civil society response

Monitoring implementation

Comprehensive tools have been developed to monitor the implementation of the Act for each case, and at the district and state levels.

Many civil society organisations (CSOs) started using this Act to
provide some relief to the victims almost immediately. A few Dalit and
human rights organizations took to monitoring violence against the
SC&ST communities, documenting them, publicizing them and also
monitoring the use of the Act in dealing with these crimes. One of the
first to monitor the implementation of this Act was Sakshi
in Andhra Pradesh. However, that was restricted to monitoring up to the
judicial process—up to the filing of the First Information Report (FIR)
in the police station. Special attention was given to ensure that the
filing of the First Information Report (FIR) included sections of the
POA.

The full monitoring of the Act by CSOs is a later phenomenon[39]
and has not matured in that civil society reports on implementation of
the Act (shadow reports to the ones mandated by the Act section 21(4))
are yet to be done.

Annual reports by Citizen’s monitoring committees have been done in Karnataka for 2009 (English), 2010 (English and Kannada) and a combined report for 2011 and 2012 (in English and Kannada(with monitoring tools))
auditing the performance of the State, including the bureaucracy,
judicial system, police and monitoring mechanisms (DVMCs and SVMC).
However, atrocities in the state still continue to rise, and convictions
remain low.

Filing PILs for implementation

Some organizations also used the provisions of the Public Interest
Litigations (PIL) to demand better implementation under the Act at High
Court level and National Campaign on Dalit Human Rights (NCDHR) in the Supreme Court of India.

National coalition to strengthen the Act

On the 20th anniversary of its enactment, CSOs came together from
across the country to review its implementation and formed a ‘National
Coalition for Strengthening SC & ST Prevention of Atrocities Act’
that took stock of the implementation of the Act in a ‘report card’,
analysed the lacunae and suggested a set of amendments for improving
the implementation. State specific ‘fact sheets’ were also made
available for Madhya Pradesh and Bihar

Many important areas such as social and economic boycotts, causing
hurt, destruction of property, defining the SC communities to include
those who profess a religion other than Hinduism, Sikhism, Buddhism, and
better monitoring mechanisms were identified.

The initial organisations comprising the National Coalition are Adharshila, Alternative Forum for Dalit Liberation, AP Dalit Bahujan Shramik Union, All India Dalit Mahila Adhikar Manch, Ambedkar Lohiya Vichar Manch, Anhad, CBCI Commission for SC/ST/BC, Centre for Dalit Rights, Centre for Social Equity and Inclusion, Centre for Mountain Dalit Rights Himachal Pradesh, Centre for Social Justice, Centre for Social Justice & Development, CSRD-People Monitoring Committee, Cornerstone, Dalit Aarthik Adhikar Aandolan, Dalit Action Group, Dalit Dasta Virodhi Manch, Dalit Foundation,
Dalit Movement for Human Rights and Dignity, Dalit Nyay Andolan, Dalit
Samanway, Development Initiative, Dr. Ambedkar Agriculture Development
and Research Institution, Dr. Ambedkar Excellence Education and Public
Welfare Institution Samiti, Dynamic Action Group, Evidence, Human Rights Alert, Human Rights Forum for Dalit Liberation-Karnataka, Human Rights Forum for Dalit Liberation-TN, Human Rights Foundation, Human Rights Law Network, Indian Alliance for Child Rights, Indian Institute of Dalit Studies, Indraprastha Public Affairs Centre, Insaaf Dilao Committee, Jana Vikas–Orissa, Jan Sahas, Janvikas, Gujarat, Jeevika, Karnataka Dalit Mahila Vedike (KDMV), Multiple Action Research Group, NCCI Commission on Dalits, Narigunjan, National Action Forum for Social Justice, National Campaign on Dalit Human Rights (NCDHR), National Confederation of Dalit Organizations (NACDOR), National Council of Dalit Christians, National Dalit Election Watch, National Dalit Forum, National Dalit Movement for Justice (NDMJ), National Federation for Dalit Land Rights Movements, National Federation for Dalit Women, Navsarjan Trust, People’s Vigilance Committee on Human Rights, People’s Action for Rural Awakening, People’s Watch–Tamil Nadu, Praxis–Institute for Participatory Practices, SC/ST Employees Association (AP Bhawan), Safai Karmachari Andolan, SAKSHI – Human Rights Watch, Sasvika, Social Action For Advocacy & Research (SAFAR), Social Awareness Society for Youth (SASY), Society for Participatory Research in Asia (PRIA), SICHREM, VICALP, Working Group for Human Rights in India and UN, YUVA.

Continuous monitoring

Many organisations continue to monitor the implementation of the Act, and bring out state level reports.

  1. Himachal Pradesh: Monitoring by Centre for Mountain Dalit Rights
  2. Karnataka: Monitoring by Committee Monitoring and
    Strengthening the POA in Karnataka (CMASK) led by the Karnataka Dalit
    Mahilla Vedike (KDMV). State reports are available on the status of
    implementation during 2009 (English), 2010 (English and Kannada) and a combined report for 2011 and 2012 (in English and Kannada (with monitoring tools)). Also available in Kannada is the monitoring calendar .
  3. Tamil Nadu: monitoring by SASY.

SCs and STs (Prevention of Atrocities) Amendment Ordinance 2014 (No 1 of 2014)

The Amendment Ordinance 2014
was signed by the president on 4 March 2014 and came into force
immediately. (Since it is an ordinance, it will need to be ratified by
(the next) parliament within six (6) months or it will lapse).

The key features of the ordinance are

  1. Addition of following new category of offences to the existing 19
    punishable offences. In addition to the 19 offences listed in the Act,
    following new offences proposed. To cite a few: tonsuring of head,
    moustache, or similar acts which are derogatory to the dignity of Dalits
    and Adivasis; garlanding with chappals; denying access to irrigation
    facilities or forest rights ; dispose or carry human or animal
    carcasses, or to dig graves; using or permitting manual scavenging;
    dedicating Dalit women as devadasi; abusing in caste name; perpetrating
    witchcraft atrocities; imposing social or economic boycott; preventing
    Dalit and Adivasi candidates filing of nomination to contest elections;
    hurting the modesty of Dalit/Adivasi woman by removing her garments;
    forcing to leave house , village or residence; defiling objects sacred
    to SCs and STs; touching a women or uses words, acts or gestures of a
    sexual nature against women.
  2. Addition of IPC offences attracting committed against Dalits or
    Adivasis as punishable offences under the POA Act. Presently, only those
    offences listed in IPC as attracting punishment of 10 years or more and
    committed on Dalits/ Adivasis are accepted as offences falling under
    the POA Act. A number of commonly committed offences (hurt, grievous
    hurt, intimidation, kidnapping etc.) are excluded from the Act. This
    provides loopholes for the perpetrators of crime to escape from being
    punished for these commonly committed crimes. Therefore a Schedule of
    list of IPC offences is provided in the amended act.
  3. Establishment of Exclusive Special Courts and Special Public
    Prosecutors to exclusively try the offences falling under the POA Act to
    enable speedy and expeditious disposal of cases. Presently, Special
    Courts and Public Prosecutors also deal with other cases besides
    atrocity cases. Consequently, cases are kept pending for long time. Thus
    victims are denied justice or speedy justice. Establishment of an
    Exclusive Special Court for one or more districts and Exclusive Public
    Prosecutor is proposed;
  4. Power of Exclusive Courts to take cognizance of offence and
    completion of trial in 2 months. Courts so established or specified
    shall have power to directly take cognizance of offences under this Act
    and the trial shall, as far as possible, be completed within a period of
    two months from the date of filing of the charge sheet.
  5. Addition of chapter on the ‘Rights of Victims and Witnesses’. As of
    now, the Act recognizes a few rights of the victims and witnesses. This
    is insufficient. Therefore many other essential rights are covered so as
    to impose duty and responsibility upon the State for making
    arrangements for the protection of victims, their dependants and
    witnesses against any kind of intimidation, coercion or inducement or
    violence or threats of violence.
  6. Defining clearly the term ‘wilful negligence’ of public servants at
    all levels, starting from the registration of complaint, and covering
    aspects of dereliction of duty under this Act. Section 4 of the present
    Act does not clearly define what constitutes ‘wilful negligence’ of
    public servants. Hence, ‘wilful negligence’ is defined by listing
    specific transgressions of law: for example, police officers not putting
    down accurately in writing the victim’s complaint; not reading out to
    the victims what has been recorded prior to getting their signature; not
    registering FIR under the Act; not registering it under appropriate
    sections of the Act; etc.
  7. Addition of presumption to the offences –If the accused was
    acquainted with the victim or his family, the court will presume that
    the accused was aware of the caste or tribal identity of the victim
    unless proved otherwise.

The Act, Rules and Amendments

  1. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (The Bare Act)
  2. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules 1995 (Just the Rules)
  3. Amendments of 23 December 2011 amending rules and enhancing compensation.
  4. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance of 4 March 2014 (fairly comprehensive overhaul with new sections, chapters and schedules added)

See also

References

  1. The Statement of the object and reasons for SC/ST(PoA)ACT 1989
  2. Rules
    1995 ‘G.S.R 316(E) - In exercise of the powers conferred by sub-section
    (1) of Section 23 of the Scheduled Castes and the Scheduled Tribes
    (Prevention of Atrocities) Act, 1989 (33 of 1989), the Central
    Government hereby makes the following rules…’
  3. Home Minister P Chidambaram in Lok Sabha (Lower House of Indian Parliament) on 30 August 2010
  4. P.S. Krishnan, ‘Atrocities against Dalits: Retrospect and Prospect’, Combat Law, Vol.8, Issue 5-6, 2009, p.12.
  5. Parliamentary Committee on the Welfare of SCs & STs, 4th Report 2004-05, New Delhi, 2005, para 1.2
  6. Parliamentary Committee on the Welfare of SCs and STs, 4th Report 2004-05, New Delhi, 2005, para 1.4
  7. National Commission for SCs, First Report 2004-05, New Delhi, 2006, pp.222-3.
  8. NHRC, Report on Prevention of Atrocities against SCs, New Delhi, 2004, pp.14-15.
  9. State of Madhya Pradesh and Anr vs. Ram Krishna Balothia and Anr (1995) (2) SCC 221
  10. Parliamentary Committee on the Welfare of SCs & STs, 4th Report 2004-05,New Delhi, 2005, para 1.1
  11. Clarification by Ministry of Home Affairs, noted in NHRC, Report on Prevention of Atrocities against SCs, New Delhi, 2002, p.28.
  12. Clarification from Ministry of Home Affairs.
  13. National Commission for SCs, First Report 2004- 05,New Delhi, 2006, p.223.
  14. Home Minister P Chidambaram in the Lok Sabha (Lower House of Indian Parliament) on 30 August 2010
  15. (1992) 3 S.C.R. 284
  16. Annual Report on The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 for the Year 2002, at p.12.
  17. 2001 Census
  18. The Hindu, accessed 13 December 2011
  19. Karnataka State Report 2011
  20. 7(1).—
    An offence committed under the Act shall be investigated by a police
    officer not below the rank of a Deputy Superintendent of Police. The
    investigating officer shall be appointed by the State Government
    /Director General of Police/Superintendent of Police after taking into
    account his past experience, sense of ability and justice to perceive
    the implications of the case and investigate it along with right lines
    within the shortest possible time
    .
  21. In 2002 the conviction rate was a mere 2 percent. Report by Ministry of Social Justice and Empowerment
  22. 1999 Cr LJ 2918
  23. 1999 Cr LJ 3938
  24. Lok Sabha Debates, see http://164.100.24.208/ls/lsdeb/ls13/ses13/210803.htm
  25. Ministry of Home Affairs - Govt of India - India an Overview - India - History[dead link]
  26. Karnataka State Report 2011
  27. Home Minister P Chidambaram in the Lok Sabha on 30 August 2010
  28. Ministry of Social Justice and Empowerment (accessed 13 December 2011
  29. “Human Rights Watch, “Broken People: Caste Violence Against India’s Untouchables. Hrw.org. Retrieved 2008-12-29.
  30. Karnataka State Report 2009
  31. Minutes of the SVMC meeting, september 2010.
  32. K.I. Vibhute,
    “Right to Live with Human Dignity of Scheduled Castes and Tribes:
    Legislative Spirit and Social Response – Some Reflections”, 44 JILI
    (2002) 469 at 481.
  33. AIR 1994 MP 143
  34. 11
  35. Iris Young, “Justice
    and Politics of Difference”. Amita Dhanda (compiled by), “Law and
    Poverty Reading Material – IV Semester B.A.B.L (Hons)”, 1st edition
    2006, p.29
  36. “Whenever the SC or
    ST victim of atrocity presents a report to the Sub-Inspector or
    Circle-Inspector in charge of Police Station and if he records F.I.R.,
    and register a case, the Sub-Inspector or Circle-Inspector should arrest
    the assailant or assailants who committed the atrocity on the
    complaint-SC. But the Sub-Inspector or Circle-Inspector who recorded the
    F.I.R., and registered a case did not arrest the assailants except in
    rare cases. On the other hand, it is stated in their representations
    that those assailants against whom the SC-victims presented complaints
    lodge counter reports to the Police against SC-victims and the
    Sub-Inspectors or Circle-Inspectors register counter cases against the
    SCs (Victims) and arrest them. When a counter report is presented by the
    assailant who is the accused in the report presented by the SC-victim,
    it was filed obviously with the sole intention to counter blast the
    complaint filed by the SC-victim. As a result of the counter cases, the
    real SC victims of the atrocities are being arrested and subjected to
    criminal litigation as accused in the counter cases” (Justice Punnayya
    Commission, Government of Andhra Pradesh 2001).
  37. 1999 Cr LJ 998 (Cal)
  38. Karansingh v. State of MP, 1992 Cr LJ 3054 (MP)
  39. The full monitoring
    of the Act is virtually a ’systems audit’ that, in addition to the
    police and judicial process, includes the monthly, quarterly,
    half-yearly and annual reports, compliance regarding prevention,
    rehabilitation, performance reviews, quarterly district vigilance and
    monitoring committee (DVMC) meetings and half yearly state vigilance and
    monitoring committee (SVMC) meetings.

External links

External links

[hide]




http://www.india.com/mcd-elections/evm-tampering-do-arvind-kejriwal-mayawati-have-a-point-heres-all-you-need-to-know-about-voting-machines-1926052/

EVM tampering: Do Arvind Kejriwal, Mayawati have a point? All about the voting machines banned in other countries

The hacked EVMs is not a
new issue. Not only India, the issue has been raised in other countries
such as The Netherlands, Ireland, Germany, Italy and United States’
California state



New Delhi, Mar 15: Delhi
chief minister Arvind Kejriwal and BSP supremo Mayawati alleged foul
play in the functioning of Electronic Voting Machines (EVMs). They might
have a point as the voting machines have been banned or done away with
in other countries as well including the California state in the United
States of America. The biggest question that now has arisen is
can somebody hamper working of the EVMs?

Not only Mayawati, and Arvind Kejriwal
have been raising the tampering in EVMs, many other leaders including
Harish Rawat too echoed their views on the matter. In fact,
foreign countries too have ran documentaries to show how easy it is to
change the working of the EVMs to get the desired results.

Two parties, AAP and Congress, have
requested and sought the use of ballot papers in the upcoming MCD
Elections 2017 while stating that the EVMs could be rigged.

Although the Election Commission has
refuted Mayawati’s claims saying that the EVMs cannot be tampered with,
the case of hacked EVMs is worth looking at considering the fact that
with 19 seats in UP (a vote share at 22 per cent which is comparable to
SP-Congress alliance with 55 seats), SP-Congress alliance managed to
grab the second position while BSP remained at a distant position. For
BSP, is it a high vote percentage that failed to translate into seats.

With all the high-profile politicians questioning the functioning of EVMs, Mayawati’s claims are worth looking at.

EVMs CAN BE TAMPERED WITH: HERE’S WHY

Every EVM machine has a control unit, a
balloting unit, and a 5-metre cable.  The Election Commission-appointed
polling officer has the control unit while the voting compartment has
the balloting unit.

To vote, a voter just has to press a
button against the name of the candidate. Control unit acts as the EVM’s
brain; the balloting unit is turned on only after the polling officer
presses the ‘Ballot’ button on it.

The moment a button is pressed, the
machine locks itself and opens again only with a new ballot number. They
are being preferred as they are easier to carry and count votes on.
However, the EVM could be a threat to the elections deciding fates of
the candidates.

THREATS

  1. The working of EVMs is no rocket science.
  2. Profiles of voters can be accessed through EVMs.
  3. EVMs can be tampered by election officials.
  4. The EVM software can be easily changed in the EVMs.

The hacked EVMs is not a new
issue. Not only India, the issue has been raised in other countries such
as The Netherlands, Ireland, Germany, Italy and United States’
California state. Some countries have even banned EVMs for the voting
process.

  1. The Netherlands banned the EVMs for lack of transparency.
  2. After three years of research, Ireland banned the use of EVMs in the country.
  3. Germany banned the EVMs calling them unconstitutional.
  4. Italy also dropped e-voting.
  5. In the United States, California and many other states banned EVMs citing improper trails in EVMs.
  6. England and France have never used EVMs in any of their elections.

PREVIOUS COMPLAINTS ON VOTING MACHINES

  1. The first irregularity in EVMs was reported in Florida during the 2000 elections.
  2. In 2006, a Dutch TV channel ran a documentary showing proofs of how easy it is to hack the EVMs.
  3. Following which, the Netherlands banned the EVMs and went back to voting through ballot papers.
  4. A report by a team of experts stated
    various issues with the EVM machines. “The technology’s promise was that
    attacks on the ballot box and dishonesty in the counting process would
    be more difficult. Yet we find that such attacks remain possible while
    being potentially more difficult to detect,” said the report.
  5. Professor Halderman of University of
    Michigan also showed how the working of the EVMs can be changed through
    mobile phones to get desired results.

The matter has also been taken to the
Delhi High Court by advocate Pran Nath Lekhi. Lekhi had alleged that
EVMs were tampered with but the court did not find any merit in the
petition.

In 2009, LK Advani had expressed
apprehensions about the use of EVMs in Lok Sabha elections, saying they
are prone to rigging. “We should revert to ballot papers unless the
Election Commission is able to ensure that Electronic Voting Machines
are foolproof and every possibility of their malfunctioning is taken
care of,” Advani was quoted as saying. Subramanian Swamy had also raised
the issue of the machines being vulnerable.

Published Date: March 15, 2017 1:32 PM IST | Updated Date: March 17, 2017 9:35 PM IST

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http://www.india.com/news/india/mayawati-will-approach-court-soon-regarding-evms-1944173/

Mayawati will approach court soon regarding EVM’s

people of Uttar Pradesh
know that the EVM machines were tampered. We have decided that we go to
court within 2-3 days. We won’t let them sit comfortably,” Mayawati
told the media here.


Comments


New Delhi, March 20:  Bahujan Samaj Party (BSP)
supremo Mayawati on Monday said that her party would approach the court
regarding the EVM tampering row within two-three days.

Mayawati further said that the people know about the meddling that
was made in the EVMs, adding that the voters don’t trust the party.

“People of Uttar Pradesh know that the EVM machines were tampered. We
have decided that we go to court within 2-3 days. We won’t let them sit
comfortably,” Mayawati told the media here.

Launching a verbal attack on the newly formed Bharatiya Janata Party
(BJP) government in Uttar Pradesh, saying that the saffron party would
neither be able to control law and order situation nor bring development
in the state.

Mayawati’s reaction comes in the wake of BSP leader Mohd Shami’s
death, who was shot dead in Uttar Pradesh’s Allahabad Sunday night.

“It’s the same situation, be it Samajwadi Party (SP) Bharatiya Janata
Party (BJP) in power. They cannot control the law and order in the
state,” she said.

The former Uttar Pradesh Chief Minister ranted the same saying that
Yogi Adityanath has been made as the Chief Minister for fulfilling
Rashtriya Swayamsevak Sangh (RSS) agenda.

“By making Yogi Adityanath as the Chief Minister, they will not do
any development but only fulfill their RSS agenda. Neither will they be
able to see law and order nor development,” she said.

Earlier yesterday, Mayawati cornered the Bharatiya Janata Party (BJP)
saying that the saffron party has betrayed the backward and Brahmins by
appointing Yogi Adityanath as Uttar Pradesh Chief Minister.

“With an intention to fulfil their RSS agenda, the BJP has named
Adityanath as Uttar Pradesh Chief Minister who belongs to ‘Khastriya
Samaj’ and by doing so the party has also insulted the ‘Brahmin Samaj’.
The anti-backward class face of BJP has been exposed. The BJP has
betrayed and misled the other backward and Brahmin class,” Mayawati told ANI.

Published Date: March 20, 2017 5:43 PM IST

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http://www.india.com/news/agencies/mayawati-dares-bjp-to-hold-polls-using-ballot-papers-1946373/

Mayawati dares BJP to hold polls using ballot papers

New Delhi, Mar 21 (PTI)
BSP leader Mayawati today dared BJP to hold assembly elections in Uttar
Pradesh using paper ballots if it was confident of the people’s mandate
and demanded a law to scrap the

New Delhi, Mar 21 (PTI) BSP leader Mayawati today dared BJP to
hold assembly elections in Uttar Pradesh using paper ballots if it was
confident of the people’s mandate and demanded a law to scrap the use of
electronic voting machines (EVMs) in elections.


Raising the issue in Rajya Sabha, she said the results of the
just-concluded assembly elections in Uttar Pradesh and Uttarakhand were
“not a verdict of people but a verdict of EVMs.”

She said her party has given a notice under rule 267 seeking suspension of business to take up the issue.

When Congress was in power, senior BJP leaders had expressed
apprehensions on the use of EVMs saying free and fair elections cannot
happen using the EVMs, she said.

Now that BJP is in government, they are now justifying EVMs, she
said, adding that major democracies in the world use paper ballot for
casting votes.

She went on to allege that votes cast in her party’s favour were credited to BJP by faulty or tampered EVMs.

“If your conscience is so clear, why not call for elections (again)
using paper ballot,” she said amid slogan shouting by treasury benches
to counter her.

She demanded that a law be brought in the ongoing budget session of the Parliament to scrap the use of EVMs in elections.

Deputy Chairman P J Kurien said he was not allowing the notice as a
short duration discussion on electoral reforms is scheduled tomorrow and
these points could be raise then.

Mayawati however persisted with her point for some time but took her seat after Kurien insisted on not allowing her notice.

This is published unedited from the PTI feed.

Published Date: March 21, 2017 12:56 PM IST

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http://www.outlookindia.com/website/story/madhya-pradesh-the-faulty-evms-had-just-returned-from-uttar-pradesh-election-dut/298421

Madhya Pradesh: The Faulty EVMS Had Just Returned From Uttar Pradesh Election Duty

The EVM controversy first erupted when BSP chief
Mayawati accused the BJP-led government of ‘rigging EVMs’, alleging that
votes polled for other parties were finding their way to the BJP.
Madhya Pradesh: The Faulty EVMS Had Just Returned From Uttar Pradesh Election Duty

The faulty VVPAT machine that triggered a debate about the
reliability of EVMs had just comeback from duty in the Uttar Pradesh
assembly elections, says a report.

During a trial-run of EVM machines last week ahead of Madhya Pradesh
bypolls on April 9, one of the machines dispensed VVPAT (paper)slips
with BJP votes on it despite pressing buttons representing other
parties.


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A report in The Times Of India says that five Election Commission officials reached Bhind, Uttar Pradesh on Sunday, for a check on the VVPAT machines.

 The report adds that the EVM in question was faulty, say the EC officials. The TOI report adds that the machine was among the 300 sent to Madhya Pradesh for the upcoming by-elections to Ater in Bhind and Bandhavgarh in Umaria. After examining the machine, sources told the newspaper that it was last used in Kanpur’s Govindnagar seat.

The result of the seat in the recently concluded assembly polls, as per the Election Commission is as follows:


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The EVM controversy first erupted when BSP chief Mayawati accused
the BJP-led government of ‘rigging EVMs’, alleging that votes polled
for other parties were finding their way to the BJP. Delhi CM Arvind
Kejriwal also joined in the chorus.

The controversy rekindled over the weekend after the VVPAT in
question was only dispensing BJP slips. The Collector of Bhind and the
SP were transferred over the controversy and the EC had sent in
officials with technical teams to look into the allegations.

http://indiatoday.intoday.in/story/election-commission-arvind-kejriwal-evm/1/919778.html


Give me EVM and 72 hours, will show how to rig it: Kejriwal asserts, Election Commission disses claim

EC
said the EVMs used in any election are kept in a strong room after
declaration of results and are not accessed by anyone till the period of
filing of election petition is over.

The Election Commission (EC) has refuted
the allegations of Aam Aadmi Party (AAP) and Congress over the
controversy surrounding EVMs and claimed that no such machines have been
moved from Uttar Pradesh for the purpose of bye-elections in Madhya
Pradesh.

Earlier, AAP chief Kejriwal once again demanded that the
upcoming civic polls in the capital must be conducted using paper
ballots. He wrote to the EC claiming that “our experts” will prove that
the voting machines can be tampered with. “I challenge the ECI to give
us 72 hours to prove it,” he said in the note.

In a press statement today, the EC called the allegations of Delhi Chief Minister Arvind Kejriwal
and Congress as “baseless” and clarified that VVPAT machines are not
required by the law to be retained in strong room for the purpose of
election petition and are available for use in any other election.

However,
in the ongoing by-elections only VVPAT machines, which were kept in
reserve and not used during the actual poll, have been redeployed.

WHAT THE EC STATEMENT SAID

The
EC statement said, “Certain baseless observations and allegations have
been made by a leader of a political party today in a press conference
regarding the use of EVMs. It has been alleged that EVMs as per law
cannot be taken out for 45 days from the date of declaration of results
but still EVMs for the by-polls in the Madhya Pradesh were taken out and
shifted from Uttar Pradesh where the results have been declared on
March 11, 2017 and hence the 45 days period is still not over.”

Clarifying
the legal position, EC said the EVMs comprising the Control Unit (CU)
and Ballot Unit (BU) used in any election are kept in a strong room
after declaration of results and are not accessed by anyone till the
period of filing of election petition is over.

The election petition has to be filed within 45 days.

However,
in case of VVPAT machines, the printed paper slips have to be retrieved
at the time of counting and sealed in a paper envelope and only these
sealed paper slips have to be kept inside the strong room along with the
EVMs.

It further said, “The VVPAT machines are not required by
the law to be retained in strong room for the purpose of election
petition and are available for use in any other election. However, in
the on-going bye-polls only VVPAT machines which were kept in reserve
and not used during the actual poll, have been redeployed.”

“Aspersions
have also been cast on EC that EVMs from Uttar Pradesh were moved to
Bhind, Madhya Pradesh. The Commission would like to point out that these
allegations are completely baseless and made without verifying the
facts. No EVMs have been moved from Uttar Pradesh for the purpose of
bye-polls in Madhya Pradesh,” it said.

The statement claimed that
required number of VVPAT machines was moved from different states for
use in bye-polls as per the existing policy of EC. “This is because
53,500 VVPAT machines, available with the Commission, were deployed
during the recently concluded polls in five states - Uttar Pradesh,
Uttarakhand, Punjab, Goa and Manipur.

“The Commission would like
to clarify that in any election a certain percentage of EVMs and VVPAT
machines are kept in reserve so that EVMs and VVPAT machines deployed on
the poll day can be replaced, if required.

The EVMs and VVPATs
kept in reserve also go through the stringent protocol of first level
checking, randomisation and loading of symbols during the candidates
setting in the presence of representatives of candidates and political
parties. Hence, the VVPATs that were sent to Bhind had the previous
symbols loaded from Uttar Pradesh,” it said.

EC said, “This is a
standard protocol and there was nothing amiss in this. According to
standard protocol, the old symbols are erased only during first level
checking before the next poll. However, it was not done when the
demonstration was made on March 31, 2017 at Bhind. As per the
Commission’s instructions, any training or demonstration is commenced
only after completing the first level checking which was missed out at
Bhind for which Commission has replaced the District Election Officer,”
and added that the report of special officer deputed to inquire into
allegations of multiple printing of paper slips of a particular
political party at Ater (Bhind) is awaited and would be made public.

Also Read:

EVM software is bugged, dare Election Commission to reveal its name to us: Delhi CM Arvind Kejriwal

Electronic Voting Machine: Here’s all you wanted to know about India’s EVMs

Also Watch:

EVM row: EC snubs Arvind Kejriwal, asks AAP to introspect on defeat in Punjab 

Nathan
22 minutes ago


This
practitioner of “shoot and scoot” policy is already presented with a
bill of 3.4 crores by Jethmalani, his lawyer in connection with the
defamation suit filed against him by Arun Jaitley. At the rate this guy
goes on slandering others, the delhi govt. will go bankrupt very soon
paying his lawyer’s fees for the current six or seven suits filed
against him by various people and the future law suits that he might
face judging by the way this guy goes on slandering all and sundry.
Show Less

Jitendra Parmar
23 minutes ago


it is enough you have rigged Delhi…so leave others…..

Bala
34 minutes ago


We already know that you are expert in manipulating everything within few
hours.Enough show offs & cheatings. Now we know how to stop the nuisance from you
for ever. We are now repenting and need to rectify the mistake of electing you.

Bala
34 minutes ago


We already know that you are expert in manipulating everything within few
hours.Enough show offs & cheatings. Now we know how to stop the nuisance from you
for ever. We are now repenting and need to rectify the mistake of electing you.

1
Reply

Umesh Sharma
hour ago


Casting
aspersions on the institution of EC is highly deplorable and very much
in keeping with Khujlis character.One is convinced of the explanation
offered by EC.However it is interesting to note that Khujli is by his
own statements capable of manipulating the machines.Has this got
anything to do with the landslide win AAP has in 2015 and the surprising
victory of maha thugbandhan in Bihar is something one should ponder on.
Show Less

SURENDER VIG
hour ago


KEjri
is capable of rigging anything including people’s mind. Beware of this
nautankibaz. Every party’s reps are there to satisfy themselves so where
is the problem.I think next time he would complain about booth
capturing in case he looses.God save this country from anarchists.
Show Less


http://www.india.com/news/india/bsps-rout-in-up-election-could-likely-be-the-end-of-kanshiram-and-mayawatis-movement-for-social-justice-dalit-voices-1921507/

No force on the earth can ever end BSP’s  Kanshiram and Mayawati’s movement for social justice: Sarvajan Samaj voices

While some  have
attributed the RSSisation  of chamchas, chelas, stooges, slaves, boot-lickers and own mothers’ flesh eaters such as SR Darapuri, Kanwal Bharti, for the loss of
BSP, others have put the blame on Murderer of democratic institutions (Modi)’s inefficient crooked and fraud EVMs electioneering.

The BSP supremo, on her part, has transferred the blame on EVMs,
alleging foul play by BJP and Election Commission functionaries.

“This is the real begining of the of the road for Mayawati and Kanshiram Movement as she has identified the cause of defeat putting  the blame on EVMs,”

Kanshiram’s vision

BSP was formed way back in 1989 to
assert the voice of SC/STs in Uttar Pradesh politics. Party founder and
ideologue Kanshiram had one agenda on mind, uniting the Bahujan Samaj including, SC/STs/OBCS/Minorities  electorate
across the Hindi heartland. The rise of Kanshiram was due to the
disenchantment among SC/STs and extremely backward classes towards
socialist leaders of Janata Parivaar. The JP movement for social
justice, as critics point out, was limited to ensure the welfare of
OBCs, rather than uplifting the SC/STs as well.

Kanshiram gradually united the 85
cent SC/ST/OBCs/Minorities  voters under one umbrella, turning BSP from the kingmaker to
the king of UP politics. His carefully crafted ideology aimed
at consolidation of SC/STs/OBCS/Minorities forming rainbow coalition with
their members of all communities.

The
1% intolerant, violent, militant, shooting, lynching, lunatic, mentally
retarded cannibal chitpawan brahmin RSS and BJP including Keshav Prasad
Maurya must be treated in mental asylum for their practice of hatred,
anger, jealousy and delusion against the Sarvajan Samaj including
SC/STs/OBCs/ Minorities and poor Upper Castes who have voted for BSP
while the BJP knocked off the government by tampering theEVMs to win
elections murdering democracy in the country. If they have guts they
must dissolve both Central and State governments selected by these fraus
EVMs and go for fresh elections with Paper Ballots. Then they will have
to pay a heavy fine  to Ms Mayawati the entire budget of this country
for their practice of untouchability and issued a non bailable warrant 
under prevention of atrocities act and sent to jail to be treated with
Vipassana Mediation until they get completely cured.

It is the RSS which wanted ballot papers to be used in elections when the BJP was in opposition.

People all over the country will go for e-filing in the Supreme Counter on this issue appealing the CJI to have a collegium of Justices belonging to SC/ST/OBC/Minorities and Juries from SC/ST Ms Mayawati, OBC, Minority, and Brahmin to pass orders on the fraud EVMs and to dissolve the Central and state governments selected by these fraud EVMs go for fresh elections  with ballot papers and to punish RSS chief Mohan Bagawath and Modi to with fine of the country’s entire budget for practicing untouchability under prevention of atrocities act preventing an SC Ms Mayawati to acquire the Master Key so that she can distribute the wealth of this country equally among all societies of this country as enshrined in our Modern Constitution whose chief architect is Dr BR Ambedkar.

The party coined the slogan
–  ‘Jiski jitni sankhya bhaari, uski utni bhagidari’. 


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