in 36 Classical Hawaiian
All 84,000 Khandas As Found in the Pali Suttas
Traditionally
the are 84,000 Dharma Doors - 84,000 ways to get Awakeness. Maybe so;
certainly the Buddha taught a large number of practices that lead to
Awakeness. This web page attempts to catalogue those found in the Pali
Suttas (DN, MN, SN, AN, Ud & Sn 1). There are 3 sections:
The
discourses of Buddha are divided into 84,000, as to separate addresses.
The division includes all that was spoken by Buddha.”I received from
Buddha,” said Ananda, “82,000 Khandas, and from the priests 2000; these
are 84,000 Khandas maintained by me.” They are divided into 275,250, as
to the stanzas of the original text, and into 361,550, as to the
stanzas of the commentary. All the discourses including both those of
Buddha and those of the commentator, are divided into 2,547 banawaras,
containing 737,000 stanzas, and 29,368,000 separate letters.
BuddhaSasana-The Home of Pali
Buddha Vacana
— The words of the Buddha —
Classical Buddhism (Teachings of the Awakened One with Awareness) belong to the world, and everyone have exclusive rights:
is
the most Positive Energy of informative and research oriented site
propagating the teachings of the Awakened One with Awareness the Buddha
and on Techno-Politico-Socio Transformation and Economic Emancipation
Movement followed by millions of people all over the world.
Rendering
exact translation as a lesson of this University in one’s mother tongue
to this Google Translation https://translate.google.com and propagation
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Bliss as a Final Goal. Analytic Insight-Net - FREE Online Analytic
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in
105 CLASSICAL LANGUAGES
Finance Ministry directed smaller PSBs to cut their corporate loan
exposure to 25 per cent of their risk-weighted assets over the medium
term and focus more on retail lending.
fter having lost their sons to hatred and communal violence,
Yashpal Saxena and Imam Rashidi’s messages say that in India, love will
always defeat hatred. Congress’s foundation is also based on compassion
and brotherhood. We will not let the BJP/RSS ideology of spreading
hatred to win
ʻO Buddha Vacana
ʻO Buddha Vacana
[inu: helu | uttara:
[khuddha:
Inā makemake kekahi kahu - ke komo i ka hoʻonaʻauao a me ka nohoʻana o
Pānakaka 1 pipi bhikkhu bhikkhūnaɡ sikkhā · s · ājīva · samāpanno sikkhatonga a ·
Several SC/ST organisations have called for a ‘bandh’ on Monday
expressing concerns over the alleged “dilution” of SCs/STs (Prevention
of Atrocities) Act following which the Punjab government has ordered the
suspension of bus services and mobile internet services.
In view of the Bharat Bandh call on April 2, the Punjab government
has decided to suspend the services of public transport across the state
on Monday, an official spokesperson said here.
The PRTC, Punjab Roadways and PunBus buses would not ply on roads
and the services of these buses would remain suspended tomorrow, he
said.
The state government also ordered suspension of services on mobile
internet (2G/3G,4G/DCMA), besides all SMS services and dongle services
provided on mobile networks except voice calls from 5 pm today until 11
pm tomorrow, the official said.
The order to suspend mobile internet services has been taken to
prevent spread of misinformation, rumours, through social media
platforms and to prevent any disturbance of peace and public order in
Punjab, Secretary (Home) Rahul Tiwari said.
Chief Minister Amarinder Singh appealed to the people of the state,
especially the members of the scheduled castes community, to maintain
restraint and maintain law and order in the larger public interest.
“The government respects the sentiments of all people and their
rights to express their views in a legitimate and peaceful manner,
nothing should be done to endanger the hard earned atmosphere of peace
and communal harmony in the state,” Singh said in a statement here
earlier.
The chief minister said the Punjab government was already committed
for the welfare of Scheduled Castes, “which was evident from the fact
that the Punjab Vidhan Sabha unanimously adopted a resolution to express
solidarity with our SC brethren during its recently concluded budget
session seeking the NDA Government’s intervention to legally pursue the
case in which a Supreme Court verdict had diluted provisions of the
SC/ST (Prevention of Atrocities) Act”.
Singh further urged the SC Community and different associations to
maintain peace, harmony and amity during the ‘bandh’.The Supreme Court
on March 20 diluted the provisions of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, in a bid to protect
honest public servants discharging bona fide duties from being
blackmailed with false cases under the Act.
The apex court said government servants should not be arrested
without prior sanction and private citizens too should be arrested only
after an inquiry under the law.
But SC/ST organisations, including the SC/ST Shoshan Mukti Manch,
and some political parties fear the dilution of the provisions might
lead to increase in violence against SC/STs.
https://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and Rules 1995 | |
---|---|
Citation | Official Act |
Enacted by | Parliament of India |
Date enacted | 11 September 1989 |
Date commenced | 31 March 1995 (Rules notified) |
Amendments | |
23 June 2014 (Rules amended, compensation enhanced) and 8 November 2013 (Sub-divisional vmcs and nominees) | |
Repealing legislation | |
4 March 2014 Ordinance (overhaul: new sections, chapters and schedules added) | |
Summary | |
Preventing atrocities against the members of the scheduled castes and scheduled tribes | |
Keywords | |
Caste, Dalit, POA, SC/ST Act, Atrocities Act | |
Status: In force |
The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India enacted 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 Dalits and to ensure their fundamental and socio-economic,
political, and cultural rights.
This is to free Indian society from blind and irrational adherence to
traditional beliefs and to establish a bias free society. For that,
Untouchability (Offences) Act 1955 was enacted. However, lacunae and
loopholes impelled the government to project a major overhaul of this
legal instrument. From 1976 onwards the Act was revamped as the
Protection of Civil Rights Act. Despite various measures adopted to
improve the socio-economic conditions of the SCs and STs they remain
vulnerable and are subject to various offences, indignities and
humiliations and harassment. When they assert their rights and against
the practice of Untouchability against them the vested interest try to
cow them down and terrorize them. Atrocities against the SCs and STs,
still continued.
The normal provisions of the existing laws like, the Protection of
Civil Rights Act 1955 and Indian Penal Code have been found inadequate
to check these atrocities[1]
continuing the gross indignities and offences against Scheduled Castes
and Tribes. Recognizing these, the Parliament passed ‘Scheduled Caste
and Scheduled Tribe (Prevention of Atrocities) Act’, 1989 & Rules,
1995. The statement of objects and reasons appended to the Bill while
moving the same in the Parliament, reads
The preamble of the Act also states that the Act is
Thus objectives of the Act clearly emphasize the intention of the
Government to deliver justice to these communities through proactive
efforts to enable them to live in society with dignity and self-esteem
and without fear or violence or suppression from the dominant castes.
The practice of untouchability, in its overt and covert form was made a
cognizable and non compoundable offence, and strict punishment is
provided for any such offence.
The SCs and STs (Prevention of Atrocities) Act, 1989 with stringent
provisions (which extends to whole of India except the State of Jammu
& Kasmhir) was enacted on 9 September 1989. Section 23(1) of the Act
authorises the Central Government to frame rules for carrying out the
purpose of the Act. Drawing power from this section, the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Rules of 1995 were framed.[2] The rules for the Act were notified on 31 March 1995.
The purpose of the Act was to help the social inclusion of Dalits
into Indian society, but the Act has failed to live up to its
expectations admitted by the Union Minister for Home Affairs in
parliament on 30 August 2010 (quoted below).[3].
What does this law do?
This law does three things:
What sorts of crimes are punished?
Do you have to have a caste-based intention to be punished under this law?
That is, do you have to commit the crime because someone belongs to an SC/ST?
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 witnesses would not come forward
to give evidence. Dr BR 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.
The post-Independence era was marked by frequent instances of
atrocities springing up across the country: for example, the
assassination of the young, educated Dalit leader Emmanuel Sekaran in
Tamil Nadu for defying the untouchability-based interdicts on SCs, which
resulted in the Ramanathapuram riots of 1957; the Kilavenmani massacre
of 42 Dalits in 1968 in Tamil Nadu; the gruesome killing of Dalit Kotesu
in Kanchikacherla in 1969 in Andhra Pradesh; the killings of 10 STs by
police in connection with a land dispute in Indravalli in Andhra Pradesh
in 1978. All such events shook the then national leadership. Hence,
under pressure from Dalit MPs, the Government of India started
monitoring atrocities against SCs from 1974, and in the case of STs from
1981 onwards, with special focus on murder, rape, arson and grievous
hurt.
Atrocities continued to rise with ferocity and frequency – for
example, in Bihar the massacres of SCs at Belchi in 1979 and at Pipra in
1980; in Uttar Pradesh the massacre following a SC bridegroom riding on
horseback at Kafalta in 1980; in Madhya Pradesh the killing of Bacchdas
in Mandsaur district in 1982; in Bihar the killing in police firing on
15 STs at Banjhi in Sahibganj district in 1985. In all such cases, the
Indian State at both the national and state levels avoided addressing
basic contradictions, vulnerabilities and causative factors; the
treatment was mainly symptomatic and palliative instead of the required
radical solutions. Under continued pressure from Dalit MPs and political
leaders, the magnitude and gravity of the problem was finally
recognised by Prime Minister Rajiv Gandhi. In his Independence Address
on 15 August 1987, he announced that an Act would be passed, if
necessary, to check atrocities.[4]
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]
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.
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:
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
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
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 others to clarify the functions and duties of the monitoring authorities (the SVMC and DVMC).
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:
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.[13]
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.
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]
And in rape cases the conviction rate is just 2%[19]
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.[20]
According to Rule 7(1)[21]
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.[22]
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,[23]
took the position that provisions of Rule 7 are mandatory and held that
investigation under the SC/ST (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[24]
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.[25] His statement is supported by the Annual Report of 2005-2006 of Ministry of Home Affairs.[26]
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.[27]
Though officers of higher rank can conduct the investigation (the Act
only says ‘at least of rank’), in practice they seldom do.
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.[28]
The government has prescribed a schedule for compensation[29] under Rule 12.(4)) as Annexure 1 entitled Norms for Relief Amount. This is periodically updated
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.
[…]
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:
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.[30] 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 Social Realists, 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[31]—so much so that it became a topic for discussion in the SVMC.[32]
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.[33]
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.
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[34]
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,[35]
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.[36] 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.[37]
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.
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.[38]
Misapplication of the Act by police and the courts aggravates the problem ultimately leads to acquittals.[39]
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.[35]
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.
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 is available for all victims regardless of financial status. For all others legal aid depends on the financial status.
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[40]
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.
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.
On
the 20th anniversary of its enactment, CSOs came together from across
the country to review its implementation and formed the National
Coalition for Strengthening SC & ST Prevention of Atrocities Act.
This took stock of the implementation of the Act in a “report card”[41],
analysed the lacunae and suggested a set of amendments for improving
the implementation. State specific “fact sheets” were also made
available for Madhya Pradesh[42] and Bihar.[43]
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.[citation needed]
Many organisations continue to monitor the implementation of the Act, and bring out state level reports.
The Amendment Ordinance 2014
was signed by the president on 4 March 2014 and came into force
immediately. Since it was an ordinance, and was not ratified by (the
next) parliament within six (6) months it lapsed. It was then referred
back to the cabinet.
The key features of the ordinance are
The
bill was introduced in parliament on 7 July 2014 and referred to the
standing committee on 17 July 2014. Subsequently it was passed by the
Lok Sabha on 4 August 2015[44] and then by the Rajya Sabha in December of that year.[45]
It is virtually the same as the ordinance, with a few changes to improve efficiency.[citation needed]
http://www.financialexpress.com/…/rs-15-lakh-credi…/1117391/
[《“Rupees 15 Lakh has been credited to your AC, India has created so
many jobs that aliens from Mars are working here, Nirav Modi and Mehul
Choksi have swept Punjab National Bank in support of PM Narendra Modi’s
Swachch Bharat” – these were some jibes taken by Congress at the BJP on
April fools day. The first tweet in the series read, “PM-MyGovt An
amount of INR 15,00,000.00 has been CREDITED to your A/C on 01/04/2018
towards Acche Din. Ref No. http://BJP00000420.Total Avail.bal INR 0.00 Here are some other BREAKING NEWS stories trending this hour: #HappyJumlaDivas
http://www.financialexpress.com/…/rs-15-lakh-credi…/1117391/
‘Rs 15 Lakh credited to your account’: Watch Congress celebrates April Fool’s Day as ‘Happy Jumla Diwas’
“Rupees 15 Lakh has been credited to your AC, India has created so many
jobs that aliens from Mars are working here, Nirav Modi and Mehul
Choksi have swept Punjab National Bank in support of PM Narendra Modi’s
Swachch Bharat” - these were some jibes taken by Congress at the BJP on
April fools day.
By: FE Online |
Updated: April 1, 2018 1:09 PM
The first tweet in the series read, “PM-MyGovt An amount of INR
15,00,000.00 has been CREDITED to your A/C on 01/04/2018 towards Acche
Din. Ref No. http://BJP00000420.Total Avail.bal INR 0.00 Here are some other BREAKING NEWS stories trending this hour: #HappyJumlaDivas.”
“Rupees 15 Lakh has been credited to your AC, India has created so many
jobs that aliens from Mars are working here, Nirav Modi and Mehul
Choksi have swept Punjab National Bank in support of PM Narendra Modi’s
Swachch Bharat” – these were some jibes taken by Congress at the BJP on
April fools day. The first tweet in the series read, “PM-MyGovt An
amount of INR 15,00,000.00 has been CREDITED to your A/C on 01/04/2018
towards Acche Din. Ref No. http://BJP00000420.Total Avail.bal INR 0.00 Here are some other BREAKING NEWS stories trending this hour: #HappyJumlaDivas.”
The hashtag ‘HappyJumlaDivas’ soon became top Twitter trend and has
been tweeted for at least 23 thousand times so far. “The BJP has just
released its campaign slogan for 2019. Do let them know what you think
of it. #HappyJumlaDivas, (sic)” Congress tweeted.
“Worried about
price rise? The Modi Govt has just shared a tip on how to tackle it.
#HappyJumlaDivas,” Congress tweeted with a photo which read: ” Bahut hui
mehngai ki maar, ab karo BJP pe palatwar”
[Video]
“Worried about price rise? The Modi Govt has just shared a tip on how to
tackle it. #HappyJumlaDivas,” Congress tweeted with a photo which read:
” Bahut hui mehngai ki maar, ab karo BJP pe palatwar”
“Thanks to
the Modi govt for eradicating corruption from the very roots. Jay Shah
too says thanks. #HappyJumlaDivas,” it said in another tweet.
Indian Youth Congress, another wing associated to the Grand Old Party,
released a video slamming Modi. The tweet by the IYC read: “After wooing
voters with big fat promises of Employment, Lower Inflation, 15 Lakhs
support and what not, the Modi govt terms them all as Jumlas. The
convenience with which the govt transforms Promises to Jumlas is
extraordinary. Today is the day for the Govt. #HappyJumlaDivas. (sic)”
During 2014 General Elections campaign, BJP leaders had said Rs 15 Lakh
will can be deposited to accounts of all Indians if all Black Money
were recovered. However, after coming to power, party president Amit
Shah termed campaign pitch as a ‘Chunaavi Jumla’ (election slogan). The
Congress mounted the attack on PM Modi and BJP using this occasion of
April fools day.
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http://www.business-standard.com/…/cong-won-t-allow-rss-bjp…
[<<”After having lost their sons to hatred and communal violence,
Yashpal Saxena and Imam Rashidi’s messages say that in India, love will
always defeat hatred. Congress’s foundation is also based on compassion
and brotherhood. We will not let the BJP/RSS ideology of spreading
hatred to win,” >>]
http://www.business-standard.com/…/cong-won-t-allow-rss-bjp…
99.9% Sarvajan Samaj should’nt allow Rowdy Rakshasa Swayam
Sevaks/Brashtachar Jiyadha Paychopaths (RSS-BJP) ideology of spreading
hatred win by tampering the fraud EVMs.
Murderer of democratic
institutions (Modi) remotely controlled by just 0.1% INTOLERANT,
CUNNING, CROOKED, NUMBER ONE TERRORISTS OF THE WORLD, VIOLENT, MILITANT,
EVER SHOOTING, LUNCHING, LUNATIC, MENTALLY RETARDED CHITPAVANS must not
abdicate his duty to SC/STs
RSS doesn’t have women in leadership positions:
BJP, RSS , designed to fight for power:
RSS men planted in each ministry,
RSS chief’s speech an insult to every Indian SINCE THE CHITPAVAN BRAHMINS ARE PARADESIS FROM BENE ISRAEL.
BJP-RSS of “spreading hatred, ANGER, JEALOUSY, DELUSION WHICH ARE
DEFILEMENT OF THE MIND REQUIRING MENTAL TREATMENT IN MENTAL ASYLUMS ” in
BENE ISRAEL and THE 99.9% SARVAJAN SAMAJ will not let their ideology
win.
SARVAJAN SAMAJ GIVES ITS message of love and harmony and
cited the statements of Yashpal Saxena and Imam Imdadul Rashidi, who
lost their sons in recent communal violence.
Rashidi’s
16-year-old son died in communal violence in West Bengal’s Asansol
Sunday after Ram Navami celebrations. Rashidi has said that as an Imam
for 30 years, he would always spread the message of peace and harmony to
everyone.
Yashpal Saxena’s son, Ankit Saxena, was killed in
Delhi on February 1 by the family of a girl he was in a relationship
with, allegedly because they belonged to different communities.
Yashpal Saxena had said he did not want to blame anybody.
“After having lost their sons to hatred and communal violence, Yashpal
Saxena and Imam Rashidi’s messages say that in India, love will always
defeat hatred. Congress’s foundation is also based on compassion and
brotherhood.. We will not let the BJP/RSS ideology of spreading hatred
to win,” Gandhi said in a tweet in Hindi.
SARVAJAN SAMAJ often attacked the BJP and the RSS for being communal and for spreading hatred in society.
—
Peace Is Doable