LOK SABHA

————

The following Bills were introduced in Lok Sabha on 12th December, 2013:—

BILL NO. 148 OF 2013

A Bill to amend the Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—

1. (1) This Act may be called the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Amendment Act, 2013.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)

Act, 1989 (hereinafter referred to as the principal Act), in the long title, for the words

“Special Courts”, the words “Special Courts and the Exclusive Special Courts” shall be

substituted.

Short title and

commence-

ment.

Amendment

of long title.

33 of 1989.

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PART II — Section 2

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

3. In section 2 of the principal Act, in sub-section (1),—

(i) after clause (b), the following clauses shall be inserted, namely:—

‘(bb) “dependent” means the spouse, children, parents, brother and sister

of the victim, who are dependent wholly or mainly on such victim for his support

and maintenance;

(bc) “economic boycott” means—

(i) a refusal to deal with, work for hire or do business with other

person; or

(ii) to deny opportunities including access to services or contractual

opportunities for rendering service for consideration; or

(iii) to refuse to do anything on the terms on which things would

be commonly done in the ordinary course of business; or

(iv) to abstain from the professional or business relations that one

would maintain with other person;

(bd) “Exclusive Special Court” means the Exclusive Special Court

established under sub-section (1) of section 14 exclusively to try the offences

under this Act;

(be) “forest rights” shall have the meaning assigned to it in sub-section (1)

of section 3 of the Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006;

(bf) “manual scavenger” shall have the meaning assigned to it in

clause (g) of sub-section (1) of section 2 of the Prohibition of Employment as

Manual Scavengers and their Rehabilitation Act, 2013;

(bg) “public servant” means a public servant as defined under section 21

of the Indian Penal Code, as well as any other person deemed to be a public

servant under any other law for the time being in force and includes any person

acting in his official capacity under the Central Government or the State

Government, as the case may be;’;

(ii) after clause (e), the following clauses shall be inserted, namely:—

‘(ea) “Schedule” means the Schedule appended to this Act;

(eb) “social boycott” means a refusal to permit a person to render to other

person or receive from him any customary service or to abstain from social

relations that one would maintain with other person or to isolate him from

others;

(ec) “victim” means any individual who falls within the definition of the

‘‘Scheduled Caste and Scheduled Tribe’’ under clause (c) of sub-section (1) of

section 2, and who has suffered or experienced physical, mental, psychological,

emotional or monetary harm or harm to his property as a result of the commission

of any offence under this Act and includes his relatives, legal guardian and

legal heirs;

(ed) “witness” means any person who is acquainted with the facts and

circumstances, or is in possession of any information or has knowledge

necessary for the purpose of investigation, inquiry or trial of any crime involving

an offence under this Act, and who is or may be required to give information or

make a statement or produce any document during investigation, inquiry or

trial of such case and includes a victim of such offence;’;

Amendment

of section 2.

2 of 2007.

25 of 2013.

45 of 1860.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(iii) for clause (f), the following clause shall be substituted, namely:—

“(f) the words and expressions used but not defined in this Act and

defined in the Indian Penal Code, the Indian Evidence Act, 1872 or the Code of

Criminal Procedure, 1973, as the case may be, shall be deemed to have the

meanings respectively assigned to them in those enactments.”.

4. In section 3 of the principal Act,––

(i) for sub-section (1), the following sub-section shall be substituted, namely:—

‘(1) Whoever, not being a member of a Scheduled Caste or a Scheduled

Tribe,—

(a) puts any inedible or obnoxious substance into the mouth of a

member of a Scheduled Caste or a Scheduled Tribe or forces such member

to drink or eat such inedible or obnoxious substance;

(b) dumps excreta, sewage, carcasses or any other obnoxious

substance in premises, or at the entrance of the premises, occupied by a

member of a Scheduled Caste or a Scheduled Tribe;

of a Scheduled Caste or a Scheduled Tribe, dumps excreta, waste matter,

carcasses or any other obnoxious substance in his neighbourhood;

(d) garlands with footwear or parades naked or semi-naked a member

of a Scheduled Caste or a Scheduled Tribe;

(e) forcibly commits on a member of a Scheduled Caste or a

Scheduled Tribe any act, such as removing clothes from the person,

forcible tonsuring of head, removing moustaches, painting face or body

or any other similar act, which is derogatory to human dignity;

(f) wrongfully occupies or cultivates any land, owned by, or in the

possession of or allotted to, or notified by any competent authority to be

allotted to, a member of a Scheduled Caste or a Scheduled Tribe, or gets

such land transferred;

(g) wrongfully dispossesses a member of a Scheduled Caste or a

Scheduled Tribe from his land or premises or interferes with the enjoyment

of his rights, including forest rights, over any land or premises or water

or irrigation facilities or destroys the crops or takes away the produce

therefrom.

Explanation.––For the purposes of clause (f) and this clause, the

expression “wrongfully” includes—

(A) against the person’s will;

(B) without the person’s consent;

obtained by putting the person, or any other person in whom the

person is interested in fear of death or of hurt; or

(D) fabricating records of such land;

(h) makes a member of a Scheduled Caste or a Scheduled Tribe to

do ‘‘begar’’ or other forms of forced or bonded labour other than any

compulsory service for public purposes imposed by the Government;

(i) compels a member of a Scheduled Caste or a Scheduled Tribe to

dispose or carry human or animal carcasses, or to dig graves;

45 of 1860.

18 of 1872.

2 of 1974.

Amendment

of section 3.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(j) makes a member of a Scheduled Caste or a Scheduled Tribe to do

manual scavenging or employs or permits the employment of such member

for such purpose;

(k) performs, or promotes dedicating a Scheduled Caste or a

Scheduled Tribe woman to a deity, idol, object of worship, temple, or

other religious institution as a devadasi or any other similar practice or

permits aforementioned acts;

(l) forces or intimidates or prevents a member of a Scheduled Caste

or a Scheduled Tribe—

(A) not to vote or to vote for a particular candidate or to vote

in a manner other than that provided by law;

(B) not to file a nomination as a candidate or to withdraw

such nomination; or

a Scheduled Caste or a Scheduled Tribe as a candidate in any

election;

(m) forces or intimidates or obstructs a member of a Scheduled

Caste or a Scheduled Tribe, who is a member or a Chairperson or a holder

of any other office of a panchayat under PART IX of the Constitution or

a municipality under PART IXA of the Constitution, from performing their

normal duties and functions;

(n) after the poll, causes hurt or grievous hurt or assault or imposes

or threatens to impose social or economic boycott upon a member of a

Scheduled Caste or a Scheduled Tribe or prevents from availing benefits

of any public service which is due to him;

(o) commits any offence under this Act against a member of a

Scheduled Caste or a Scheduled Tribe for having voted or not having

voted for a particular candidate or for having voted in a manner provided

by law;

(p) institutes false, malicious or vexatious suit or criminal or other

legal proceedings against a member of a Scheduled Caste or a Scheduled

Tribe;

(q) gives any false or frivolous information to any public servant

and thereby causes such public servant to use his lawful power to the

injury or annoyance of a member of a Scheduled Caste or a Scheduled

Tribe;

(r) intentionally insults or intimidates with intent to humiliate a

member of a Scheduled Caste or a Scheduled Tribe in any place within

public view;

(s) abuses any member of a Scheduled Caste or a Scheduled Tribe

by caste name in any place within public view;

(t) destroys, damages or defiles any object generally known to be

held sacred or in high esteem by members of the Scheduled Castes or

the Scheduled Tribes.

Explanation.––For the purposes of this clause, the expression

“object” means and includes statue, photograph and portrait;

(u) by words either written or spoken or by signs or by visible

representation or otherwise promotes or attempts to promote feelings of

enmity, hatred or ill-will against members of the Scheduled Castes or the

Scheduled Tribes;

(v) by words either written or spoken or by any other means

disrespects any late person held in high esteem by members of the

Scheduled Castes or the Scheduled Tribes;

(w) (i) intentionally touches a woman belonging to a Scheduled

Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled

Caste or a Scheduled Tribe, when such act of touching is of a sexual

nature and is without the recipient’s consent;

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(ii) uses words, acts or gestures of a sexual nature towards a woman

belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she

belongs to a Scheduled Caste or a Scheduled Tribe.

Explanation.––For the purposes of sub-clause (i), the expression

“consent” means an unequivocal voluntary agreement when the person

by words, gestures, or any form of non-verbal communication,

communicates willingness to participate in the specific act:

Provided that a woman belonging to a Scheduled Caste or a

Scheduled Tribe who does not offer physical resistance to any act of a

sexual nature is not by reason only of that fact, is to be regarded as

consenting to the sexual activity:

Provided further that a woman’s sexual history, including with the

offender shall not imply consent or mitigate the offence;

(x) corrupts or fouls the water of any spring, reservoir or any other

souche ordinarily used by members of the Scheduled Castes or the

Scheduled Tribes so as to render it less fit for the purpose for which it is

ordinarily used;

(y) denies a member of a Scheduled Caste or a Scheduled Tribe any

customary right of passage to a place of public resort or obstructs such

member so as to prevent him from using or having access to a place of

public resort to which other members of public or any other section thereof

have a right to use of access to;

(z) forces or causes a member of a Scheduled Caste or a Scheduled

Tribe to leave his house, village or other place of residence:

Provided that nothing contained in this clause shall apply to any

action taken in discharge of a public duty;

(za) obstructs or prevents a member of a Scheduled Caste or a

Scheduled Tribe in any manner with regard to—

(A) using common property resources of an area, or burial or

cremation ground equally with others or using any river, stream,

spring, well, tank, cistern, water-tap or other watering place, or any

bathing ghat, any public conveyance, any road, or passage;

(B) mounting or riding bicycles or motor cycles or wearing

footwear or new clothes in public places or taking out wedding

procession, or mounting a horse or any other vehicle during wedding

processions;

or other persons professing the same religion or taking part in, or

taking out, any religious, social or cultural processions including

jatras;

(D) entering any educational institution, hospital, dispensary,

primary health centre, shop or place of public entertainment; or

any other public place; or using any utensils or articles meant for

public use in an any place open to the public; or

(E) practicing any profession or the carrying on of any

occupation, trade or business or employment in any job which

other members of the public, or any section thereof, have a right to

use or have access to;

(zb) causes physical harm or mental agony of a member of a

Scheduled Caste or a Scheduled Tribe on the allegation of practicing

witchcraft or being a witch; or

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(zc) imposes or threatens a social or economic boycott of any person

or a family or a group belonging to a Scheduled Caste or a Scheduled

Tribe,

shall be punishable with imprisonment for a term which shall not be less than six

months but which may extend to five years and with fine.’;

(ii) in sub-section (2),––

(a) in clause (v), for the words “on the ground that such person is a

member of a Scheduled Caste or a Scheduled Tribe or such property belongs to

such member”, the words “knowing that such person is a member of a Scheduled

Caste or a Scheduled Tribe or such property belongs to such member”shall be

substituted;

(b) after clause (v), the following clause shall be inserted, namely:––

“(va) commits any offence specified in the Schedule, against a

person or property, knowing that such person is a member of a Scheduled

Caste or a Scheduled Tribe or such property belongs to such member,

shall be punishable with such punishment as specified under the Indian

Penal Code for such offences and shall also be liable to fine.”.

5. For section 4 of the principal Act, the following section shall be substituted,

namely:–

“4. (1) Whoever, being a public servant but not being a member of a Scheduled

Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by

him under this Act and the rules made thereunder, shall be punishable with

imprisonment for a term which shall not be less than six months but which may extend

to one year.

(2) The duties of public servant referred to in sub-section (1) shall include––

(a) to read out to an informant the information given orally, and reduced

to writing by the officer in charge of the police station, before taking the signature

of the informant;

(b) to register a complaint or a First Information Report under this Act and

other relevant provisions and to register it under appropriate sections of this

Act;

informant;

(d) to record the statement of the victims or witnesses;

(e) to conduct the investigation and file charge sheet in the Special Court

or the Exclusive Special Court within a period of sixty days, and to explain the

delay if any, in writing;

(f) to correctly prepare, frame and translate any document or electronic

record;

(g) to perform any other duty specified in this Act or the rules made

thereunder:

Provided that the charges in this regard against the public servant shall

be booked on the recommendation of an administrative enquiry.

(3) The cognizance in respect of any dereliction of duty referred to in

sub-section (2) by a public servant shall be taken by the Special Court or the Exclusive

Special Court and shall give direction for penal proceedings against such public

servant.”.

45 of 1860.

Punishment

for neglect of

duties.

Substitution

of new

section for

section 4.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

6. In section 8 of the principal Act,––

(i) in clause (a), for the words “any financial assistance to a person accused

of”, the words “any financial assistance in relation to the offences committed by a

person accused of” shall be substituted;

(ii) after clause (b), the following clause shall be inserted, namely:––

“(c) the accused was having personal knowledge of the victim or his

family, the Court shall presume that the accused was aware of the caste or tribal

identity of the victim, unless the contrary is proved.”.

7. In section 10 of the principal Act, in sub-section (1),––

(a) after the words and figures “article 244 of the Constitution”, the words,

brackets, letters and figures “or any area identified under the provisions of

clause (vii) of sub-section (2) of section 21” shall be inserted;

(b) for the words “two years”, the words “three years” shall be substituted.

8. For section 14 of the principal Act, the following section shall be substituted,

namely:––

“14. (1) For the purpose of providing for speedy trial, the State Government

shall, with the concurrence of the Chief Justice of the High Court, by notification in

the Official Gazette, establish an Exclusive Special Court for one or more

Districts:

Provided that in Districts where less number of cases under this Act is recorded,

the State Government shall, with the concurrence of the Chief Justice of the High

Court, by notification in the Official Gazette, specify for such Districts the Court of

Session to be a Special Court to try the offences under this Act:

Provided further that the Courts so established or specified shall have power

to directly take cognizance of offences under this Act.

(2) It shall be the duty of the State Government to establish an adequate number

of Courts to ensure that cases under this Act are disposed of within a period of two

months, as far as possible.

(3) In every trial in the Special Court or the Exclusive Special Court, the

proceedings shall be continued from day-to-day until all the witnesses in attendance

have been examined, unless the Special Court or the Exclusive Special Court finds the

adjournment of the same beyond the following day to be necessary for reasons to be

recorded in writing:

Provided that when the trial relates to an offence under this Act, the trial shall,

as far as possible, be completed within a period of two months from the date of filing

of the charge sheet.

9. After section 14 of the principal Act, the following section shall be inserted,

namely:—

“14A. (1) Notwithstanding anything contained in the Code of Criminal

Procedure, 1973 an appeal shall lie, from any judgment, sentence or order, not being

an interlocutory order, of a Special Court or an Exclusive Special Court, to the High

Court both on facts and on law.

(2) Notwithstanding anything contained in sub-section (3) of section 378 of the

Code of Criminal Procedure, 1973 an appeal shall lie to the High Court against an order

of the Special Court or the Exclusive Special Court granting or refusing bail.

Amendment

of section 8.

Amendment

of section

10.

Special Court

and Exclusive

Special

Court.

Substitution

of new

section for

section 14.

Insertion of

new section

14A.

Appeals.

2 of 1974.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) Notwithstanding anything contained in any other law for the time being in

force, every appeal under this section shall be preferred within a period of ninety

days from the date of the judgment, sentence or order appealed from:

Provided that the High Court may entertain an appeal after the expiry of the said

period of ninety days if it is satisfied that the appellant had sufficient cause for not

preferring the appeal within the period of ninety days:

Provided further that no appeal shall be entertained after the expiry of the

period of one hundred and eighty days.

(4) Every appeal preferred under sub-section (1) shall, as far as possible, be

disposed of within a period of three months from the date of admission of the

appeal.

10. For section 15 of the principal Act, the following section shall be substituted,

namely:—

“15. (1) For every Special Court, the State Government shall, by notification in

the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been

in practice as an advocate for not less than seven years, as a Special Public Prosecutor

for the purpose of conducting cases in that Court.

(2) For every Exclusive Special Court, the State Government shall, by notification

in the Official Gazette, specify an Exclusive Public Prosecutor or appoint an advocate

who has been in practice as an advocate for not less than seven years, as an Exclusive

Public Prosecutor for the purpose of conducting cases in that Court.”.

11. After Chapter IV of the principal Act, the following Chapter shall be inserted,

namely:—

“CHAPTER IVA

RIGHTS OF VICTIMS AND WITNESSES

15A. (1) It shall be the duty and responsibility of the State to make

arrangements for the protection of victims, their dependents, and witnesses

against any kind of intimidation or coercion or inducement or violence or threats of

violence.

(2) A victim shall be treated with fairness, respect and dignity and with due

regard to any special need that arises because of the victim’s age or gender or

educational disadvantage or poverty.

(3) A victim or his dependent shall have the right to reasonable, accurate, and

timely notice of any Court proceeding including any bail proceeding and the Special

Public Prosecutor or the State Government shall inform the victim about any

proceedings under this Act.

(4) A victim or his dependent shall have the right to apply to the Special Court

or the Exclusive Special Court, as the case may be, to summon parties for production

of any documents or material witnesses or examine the persons present.

(5) A victim or his dependent shall be entitled to be heard at any proceeding

under this Act in respect of bail, discharge, release, parole, conviction or sentence of

Substitution

of new

section for

section 15.

Special Public

Prosecutor

and Exclusive

Public

Prosecutor.

Insertion of

new Chapter

IVA.

Rights of

victims and

witnesses.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

an accused or any connected proceedings or arguments and file return submission

on conviction, acquittal or sentencing.

(6) Notwithstanding anything contained in the Code of Criminal Procedure,

1973, the Special Court or the Exclusive Special Court trying a case under this Act

shall provide to a victim, his dependent, informant or witnesses––

(a) the complete protection to secure the ends of justice;

(b) the travelling and maintenance expenses during investigation, inquiry

and trial;

trial;

(d) relocation.

(7) The State shall inform the concerned Special Court or the Exclusive Special

Court about the protection provided to any victim or his dependent, informant or

witnesses and such Court shall periodically review the protection being offered and

pass appropriate orders.

(8) Without prejudice to the generality of the provisions of sub-section (6), the

concerned Special Court or the Exclusive Special Court may, on an application made

by a victim or his dependent, informant or witness in any proceedings before it or by

the Special Public Prosecutor in relation to such victim, informant or witness or on its

own motion, take such measures including––

(a) concealing the names and addresses of the witnesses in its orders or

judgments or in any records of the case accessible to the public;

(b) issuing directions for non-disclosure of the identity and addresses of

the witnesses;

of a victim, informant or witness and on the same day, if necessary, pass

appropriate orders for protection:

Provided that inquiry or investigation into the complaint received under

clause (c) shall be tried separately from the main case by such Court and

concluded within a period of two months from the date of receipt of the complaint:

Provided further that where the complaint under clause (c) is against any

public servant, the Court shall restrain such public servant from interfering with

the victim, informant or witness, as the case may be, in any matter related or

unrelated to the pending case, except with the permission of the Court.

(9) It shall be the duty of the Investigating Officer and the Station House

Officer to record the complaint of victim, informant or witnesses against any kind of

intimidation, coercion or inducement or violence or threats of violence, whether given

orally or in writing, and a photocopy of the First Information Report shall be immediately

given to them at free of cost.

(10) All proceedings relating to offences under this Act shall be video

recorded.

2 of 1974.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(11) It shall be the duty of the concerned State to specify an appropriate scheme

to ensure implementation of the following rights and entitlements of victims and

witnesses in accessing justice so as––

(a) to provide a copy of the recorded First Information Report at free of

cost;

(b) to provide immediate relief in cash or in kind to atrocity victims or

their dependents;

dependents, and witnesses;

(d) to provide relief in respect of death or injury or damage to

property;

(e) to arrange food or water or clothing or shelter or medical aid or

transport facilities or daily allowances to victims;

(f) to provide the maintenance expenses to the atrocity victims and their

dependents;

(g) to provide the information about the rights of atrocity victims at the

time of making complaints and registering the First Information Report;

(h) to provide the protection to atrocity victims or their dependents and

witnesses from intimidation and harassment;

(i) to provide the information to atrocity victims or their dependents or

associated organisations or individuals, on the status of investigation and

charge sheet and to provide copy of the charge sheet at free of cost;

(j) to take necessary precautions at the time of medical examination;

(k) to provide information to atrocity victims or their dependents or

associated organisations or individuals, regarding the relief amount;

(l) to provide information to atrocity victims or their dependents or

associated organisations or individuals, in advance about the dates and place

of investigation and trial;

(m) to give adequate briefing on the case and preparation for trial to

atrocity victims or their dependents or associated organisations or individuals

and to provide the legal aid for the said purpose;

(n) to execute the rights of atrocity victims or their dependents or

associated organisations or individuals at every stage of the proceedings under

this Act and to provide the necessary assistance for the execution of the

rights.

(12) It shall be the right of the atrocity victims or their dependents, to take

assistance from the Non-Government Organisations, social workers or

advocates.”.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

12. After section 23 of the principal Act, the following Schedule shall be inserted,

namely:—

“THE SCHEDULE

[See section 3(2) (va)]

Section under

Name of offence and punishment.

the Indian

Penal Code,

45 of 1860

120A

Definition of criminal conspiracy.

120B

Punishment of criminal conspiracy.

141

Unlawful assembly.

142

Being member of unlawful assembly.

143

Punishment for unlawful assembly.

144

Joining unlawful assembly armed with deadly weapon.

145

Joining or continuing in unlawful assembly, knowing it has been

commanded to disperse.

146

Rioting.

147

Punishment for rioting.

148

Rioting, armed with deadly weapon.

217

Public servant disobeying direction of law with intent to save person

from punishment or property from forfeiture.

319

Hurt.

320

Grievous hurt.

323

Punishment for voluntarily causing hurt.

324

Voluntarily causing hurt by dangerous weapons or means.

325

Punishment for voluntarily causing grievous hurt.

326B

Voluntarily throwing or attempting to throw acid.

332

Voluntarily causing hurt to deter public servant from his duty.

341

Punishment for wrongful restraint.

354

Assault or criminal force to woman with intent to outrage her modesty.

354A

Sexual harassment and punishment for sexual harassment.

354B

Assault or use of criminal force to woman with intent to disrobe.

354C

Voyeurism.

354D

Stalking.

359

Kidnapping.

363

Punishment for kidnapping.

365

Kidnapping or abducting with intent secretly and wrongfully to confine

person.

376B

Sexual intercourse by husband upon his wife during separation.

376C

Sexual intercourse by a person in authority.

447

Punishment for criminal trespass.

506

Punishment for criminal intimidation.

509

Word, gesture or act intended to insult the modesty of a woman.”.

Insertion

new Schedule.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

(the Act) was enacted and brought into force on the 31st January, 1990, with a view to

prevent the commission of offences of atrocities against the members of the Scheduled

Castes and Scheduled Tribes, to provide for Special Courts for the trial of such offences

and for the relief and rehabilitation of the victims of such offences.

2. Despite the deterrent provisions made in the Act, atrocities against the members of

the Scheduled Castes and Scheduled Tribes continue at a disturbing level. Adequate justice

also remains difficult for a majority of the victims and the witnesses, as they face hurdles

virtually at every stage of the legal process. The implementation of the Act suffers due to

(a) procedural hurdles such as non-registration of cases; (b) procedural delays in investigation,

arrests and filing of charge sheets; and (c) delays in trial and low conviction rate.

3. It is also observed that certain forms of atrocities, known to be occurring in recent

years, are not covered by the Act. Several offences under the Indian Penal Code [other than

those covered under section 3(2)(v)] are also committed frequently against the members of

the Scheduled Castes and Scheduled Tribes, on the ground that the victim was a member of

a Scheduled Caste and Scheduled Tribe. It is also felt that the public accountability provisions

under the Act need to be outlined in greater detail and strengthened.

4. Therefore, it becomes necessary to make a comprehensive review of the relevant

provisions of the Act, after due consultation with the State Governments, Union territory

Administrations, concerned Central Ministries, National Commission for the Scheduled

Castes, National Commission for the Scheduled Tribes, certain Non-Governmental

Organisations and Activists.

5. It is, therefore, proposed to amend the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 by the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Amendment Bill, 2013 which, inter alia, provides the following,

namely:—

(a) to amend, the long title of the Act so as to provide for the establishment of

"Exclusive Special Courts" in addition to the Special Courts for the trial of the offences

of atrocities against the members of the Scheduled Castes and Scheduled Tribes;

(b) to amend section 2 of the Act and to insert certain new definitions like

"economic boycott", "Exclusive Special Court", "Forest Rights", "manual scavenger",

"public servant", "social boycott", "victim and witness";

(c) to amend section 3 of the Act relating to "Punishments for offences of

atrocities" so as to, inter alia, provide some more categories of atrocities in the said

section for which the same punishment, as provided in the said section, may be

imposed;

(d) to substitute section 4 of the Act relating to "Punishment for neglect of

duties" so as to provide certain duties upon the public servant and to provide

punishment for neglect of the duties specified in the said section;

(e) to amend section 8 of the Act relating to "Presumption as to offences" and

to provide that if the accused was acquainted with the victim or his family, the court

shall presume that the accused was aware of the caste or tribal identity of the victim

unless proved otherwise;

(f) to substitute section 14 of the Act relating to "Special Court" so as to

provide that the State Government shall, with the concurrence of the Chief Justice of

the High Court, establish an Exclusive Special Court for one or more districts to try

the offences under this Act;

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 14 of the Bill, inter alia, stipulates that for the purpose of speedy trial, the

State Government shall, with the concurrence of the Chief Justice of the High Court, establish

the Exclusive Special Court for one or more districts. However, in Districts where less

number of cases under the Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989, is recorded, the State Government shall, with the concurrence of the

Chief Justice of the High Court, specify for such Districts the Court of Session to be a

Special Court to try the offences under this Act. The Courts so established or specified,

shall have power to directly take cognizance of offences under the Act.

Sub-clause (2) of clause 15 of the Bill provides that for every Exclusive Special Court,

the State Government shall, specify an Exclusive Public Prosecutor or appoint an advocate

who has been in practice as an advocate for not less than seven years, as an Exclusive

Public Prosecutor for the purpose of conducting cases in that Court.

Due Central assistance is already provided to the State Governments and the Union

territory administrations, under the Centrally Sponsored Scheme for implementation of the

Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities)Act, 1989. The funding pattern of the Scheme is such that over

and above the committed liability of respective State Governments, the expenditure is shared

between Centre and States on 50:50 basis and Union territory administrations receive 100

per cent. Central assistance. The Central assistance is, inter alia, provided for setting up

and functioning of Exclusive Special Courts. As per available information, presently 179

Exclusive Special Courts have already been set up by the States namely, Andhra Pradesh

(23), Bihar (11), Chhattisgarh (6), Gujarat (25), Karnataka (7), Kerala (1), Madhya Pradesh

(43), Rajasthan (17), Tamil Nadu (4), Uttar Pradesh (40) and Uttarakhand (2). Central assistance

is presently being availed by some of the States for this purpose, which is permissible.

However, at this stage, it is not possible to estimate with any degree of precision, the likely

additional requirement of funds which may be required, since the number and details of

such courts to be set up by the concerned State Government and Union territory

administrations can not be anticipated. Similarly number of Exclusive Public Prosecutors to

be appointed by them is also presently not known.

THE SCHEDULE

(See sections 2 and 3)

Sums not exceeding

Services and purposes

Voted

Charged

by Parliament

on the

Total

Consolidated

Fund

Rs.

Department of Agriculture and Cooperation ...........Revenue

4,00,000

. .

4,00,000

Capital

1,00,000

. .

1,00,000

Atomic Energy ............................................................Revenue

2,00,000

. .

2,00,000

Capital

3,00,000

. .

3,00,000

Nuclear Power Schemes ..............................................Capital

1,00,000

. .

1,00,000

Department of Fertilisers ...........................................Revenue

2000,00,00,000

. .

2000,00,00,000

Department of Pharmaceuticals ................................Capital

1,00,000

. .

1,00,000

Ministry of Civil Aviation ..........................................Revenue

2,00,000

. .

2,00,000

Capital

30,00,00,000

. .

30,00,00,000

Ministry of Coal .......................................................... Revenue

100,00,00,000

. .

100,00,00,000

Capital

1672,00,00,000

. .

1672,00,00,000

Department of Commerce .........................................Revenue

54,00,00,000

20,00,000

54,20,00,000

Department of Industrial Policy and Promotion ....Revenue

1,00,000

4,00,000

5,00,000

Capital

8,00,00,000

. .

8,00,00,000

Department of Posts................................................... Revenue

. .

12,00,000

12,00,000

Capital

. .

67,00,000

67,00,000

Department of Telecommunications ........................ Capital

2,00,000

. .

2,00,000

Department of Food and Public Distribution ...........Revenue

1,00,000

. .

1,00,000

Ministry of Culture...................................................... Revenue

4,00,000

. .

4,00,000

Capital

1,00,000

...

1,00,000

Defence Services — Army.......................................... Revenue

1,00,000

. .

1,00,000

Defence Ordnance Factories ......................................Revenue

1,00,000

. .

1,00,000

Capital Outlay on Defence Services ..........................Capital

1,00,000

. .

1,00,000

Ministry of Development of North Eastern

Region .......................................................................Revenue

1,00,000

. .

1,00,000

Capital

1,00,000

. .

1,00,000

Ministry of Environment and Forests ...................... Revenue

1,00,000

. .

1,00,000

Ministry of External Affairs ......................................Revenue

1,00,000

. .

1,00,000

Capital

125,00,00,000

. .

125,00,00,000

Department of Economic Affairs.............................. Revenue

65,56,00,000

. .

65,56,00,000

Capital

2,00,000

. .

2,00,000

Department of Financial Services .............................Revenue

800,00,00,000

. .

800,00,00,000

Transfers to State and Union territory Governments ..Revenue

63,69,00,000

. .

63,69,00,000

Department of Expenditure ....................................... Revenue

1,00,000

. .

1,00,000

Department of Revenue ............................................. Revenue

1,00,000

26,50,00,000

26,51,00,000

Direct Taxes .................................................................Capital

1,00,000

. .

1,00,000

Indirect Taxes ..............................................................Revenue

31,03,00,000

. .

31,03,00,000

Capital

1,00,000

. .

1,00,000

Department of Health and Family Welfare .............Revenue

5,00,000

16,29,00,000

16,34,00,000

Capital

1,00,000

. .

1,00,000

Department of Ayurveda, Yoga and Naturopathy,

Unani, Siddha and Homoeopathy (AYUSH) ........Capital

18,00,00,000

. .

18,00,00,000

Department of Health Research ................................Revenue

2,00,000

. .

2,00,000

Department of Heavy Industry ................................. Revenue

442,54,00,000

. .

442,54,00,000

Capital

3,00,000

. .

3,00,000

No.

Vote

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Sums not exceeding

Services and purposes

Voted

Charged

by Parliament

on the

Total

Consolidated

Fund

No.

Vote

Ministry of Home Affairs ...........................................Revenue

1,00,000

. .

1,00,000

Police ............................................................................Revenue

2222,11,00,000

8,17,00,000

2230,28,00,000

Capital

1,02,00,000

. .

1,02,00,000

Other Expenditure of the Ministry of Home Affairs ....Revenue

2,00,000

. .

2,00,000

Capital

1,00,000

. .

1,00,000

Transfers to Union territory Governments .............Revenue

64,00,000

. .

64,00,000

Capital

9,96,00,000

. .

9,96,00,000

Ministry of Housing and Urban Poverty Alleviation ..Revenue

3,00,000

. .

3,00,000

Department of School Education and Literacy .......Revenue

2,00,000

. .

2,00,000

Department of Higher Education ..............................Revenue

4,00,000

. .

4,00,000

Ministry of Information and Broadcasting ..............Revenue

3,00,000

. .

3,00,000

Capital

1,70,00,000

. .

1,70,00,000

Law and Justice ............................................................Revenue

4,00,000

. .

4,00,000

Ministry of Micro, Small and Medium Enterprises .Revenue

1,00,000

. .

1,00,000

Ministry of Mines .......................................................Capital

5,00,00,000

. .

5,00,00,000

Ministry of New and Renewable Energy ...................Revenue

183,41,00,000

. .

183,41,00,000

Ministry of Personnel, Public Grievances and

Pensions ...................................................................Revenue

8,15,00,000

2,27,00,000

10,42,00,000

Ministry of Petroleum and Natural Gas ....................Revenue

10336,00,00,000

. .

10336,00,00,000

Ministry of Power .......................................................Revenue

2,00,000

. .

2,00,000

Capital

125,00,00,000

. .

125,00,00,000

CHARGED. —Staff, Household and Allowances of

the President ........................................................Revenue

. .

4,50,00,000

4,50,00,000

Department of Rural Development .........................Revenue

2,00,000

. .

2,00,000

Department of Land Resources .................................Revenue

1,00,000

. .

1,00,000

Ministry of Shipping ...................................................Capital

1,00,000

. .

1,00,000

Ministry of Social Justice and Empowerment ..........Revenue

2,00,000

. .

2,00,000

Ministry of Statistics and Programme

Implementation...................................................Revenue

2,00,000

. .

2,00,000

Ministry of Textiles ....................................................Revenue

6,00,000

. .

6,00,000

Capital

50,00,000

. .

50,00,000

Ministry of Tourism ....................................................Revenue

2,00,000

. .

2,00,000

Capital

1,00,00,000

. .

1,00,00,000

Ministry of Tribal Affairs ...........................................Revenue

1,00,000

74,35,00,000

74,36,00,000

Andaman and Nicobar Islands ....................................Revenue

122,27,00,000

. .

122,27,00,000

Chandigarh ...................................................................Capital

1,00,000

. .

1,00,000

100

Lakshadweep ................................................................Revenue

4,00,000

. .

4,00,000

101

Department of Urban Development .........................Revenue

2,00,000

11,87,00,000

11,89,00,000

Capital

1,00,000

21,70,00,000

21,71,00,000

102

Public Works ................................................................Revenue

1,00,000

. .

1,00,000

Capital

1,00,000

. .

1,00,000

104

Ministry of Water Resources .....................................Revenue

3,00,000

. .

3,00,000

105

Ministry of Women and Child Development ..........Revenue

1,00,000

. .

1,00,000

TOTAL

18427,59,00,000

166,68,00,000

18594,27,00,000

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Rs.