REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
WRIT PETITION (CIVIL) No. 140 of 2006
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS.
.... Appellant(s)
Versus
UNION OF INDIA & ORS.
….Respondent
J U D G M E N T
L. NAGESWARA RAO, J.
“I do not want to be reborn, but if I am reborn, I wish that I should be
born as a Harijan, as an untouchable, so that I may lead a continuous
struggle, a lifelong struggle against the oppressions and indignities that
have been heaped upon these classes of people”. – Mahatama Gandhi
The Petitioners who are voluntary organisations are continuing the
struggle for emancipation of members of Scheduled Castes and Scheduled
Tribes. The Petitioners have filed this Writ Petition aggrieved by the non-
implementation of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as ‘the Act’) and the rules
made thereunder, seeking the following reliefs:
“Issue a writ of mandamus or any other appropriate writ, order or
direction, directing the Respondents to set up special officers, nodal
officers and protection cell as required under the Act forthwith.
Pass an order directing the nodal officer to investigate every case where a
complaint is made to him regarding negligence of a police officer, where
the FIRs are illegally no registered or registered improperly, where charge
sheets are filed late, where the investigation is done by an officer lower
in rank than a Dy. SP, and to take action against the officer concerned for
acting contrary to the provisions of the Act in accordance with law.
Pass an order directing the Respondents to file status reports on filing
charge-sheets in SC/ST (PoA) Act of 1989 cases and duration that have taken
in last five years.
Pass an order directing the Respondents to set up separate Special Courts
for each district within six months
Pass an order directing the Respondent to file status reports on
registration of FIR’s against the erring officials under Section 4 of the
Act.
Pass an order directing the Respondents to identify and notify atrocity
prone areas and to take appropriate action in accordance with law
immediately.
Pass an order directing the Respondents to file status reports on the cases
they registered against SC/STs after the SC/ST lodged complaint and status
of the cases.
Pass an order directing the judicial officers to carefully monitor all
cases in their jurisdiction to ensure that he cases are given top priority
and speedy justice is done for the victims of caste atrocities & to make a
report every six months to the High Court.
Pass an order directing the District Magistrate to review the performance
of Special Public Prosecutors every month & report to their respective High
Court.
Pass an order directing the Respondent to file status reports of the public
prosecutors’ performance regarding SC/ST cases with a period of six months.
Pass an order directing the District Magistrates to appoint senior Advocate
for prosecution if the victim so desires.
Pass an order directing the Respondent to appoint, wherever possible,
public prosecutors from the SC/ST caste and If possible SC/ST women
advocates and impart periodic training.
Pass an order directing all judicial officers to play a proactive role
during the trial to ensure that the prosecution conducts itself competently
and nothing is done to result in any disservice to the victims.
Pass an order directing the Respondents and particularly the Director of
Prosecutions to review all cases of acquittal by the Special Courts over
the last five years which have not been carried in appeal, and to take
immediate steps in accordance with law.
Pass an order directing all judicial officers to pay particular attention
for cases where the accused have not been arrested.
Pass an order directing all judicial officers to ensure that no pressure
whatsoever is brought to bear on the victims or their witnesses to force
them to withdraw from prosecution.
Pass an order directing the Respondents to instruct the special public
prosecutors to file for cancellation of bail where the same is contrary to
the purpose and objective of the Atrocities Act.
Pass an order directing the Chief Secretary/Administrators of the
Respondents State/UT’s to enquire into the performance of the
Superintendents of Police and the Collectors of every district where
atrocities are frequently reported and, wherever justified, punish such
officers for not acting promptly and in accordance with the law.
Pass an order directing the Respondents to frame a rehabilitation package
forthwith in accordance with the Act and Rules.
Pass an order directing the Respondents to set up Dalit Legal Aid Centers
operated by Dalit lawyers and funded by the State Legal Aid Services
Authority.
Pass an order directing the State Governments to implement the SC & SC
(PoA) Act of 1989 fully (West Bengal)
Pass an order directing the Police officers to apply their minds to all the
provisions of Section 3(1)(i) to 3(1)(xv) while registering FIRs.
Pass an order directing the Respondent that on a complaint being made by
the victim of a social/economic boycott, the Bail of the accused be
cancelled and strict action including criminal prosecution taken against
the officials by the District Magistrates and the presiding officers.
(Compensation to be paid by the state)
Pass an order directing the Respondents to file status reports on
compensation and allowances paid and remaining to be paid under the
provisions of the Act for the last five years and to make payments of
compensation wherever due forthwith.
Pass an order directing the Respondents to revised and increase the
applicable compensation rates and realistic and current market prices
terms.
Pass an order directing the Respondents to appoint leading members of
reputed organizations active in there are of Dalit rights on the Monitoring
and Vigilance Committees throughout the State to which at least 50% should
consist of women members throughout the State.
Pass an order directing the Respondents to implement the provision relating
to imposition of collective fines wherever applicable under this Act.
Pass an order directing the Respondents for the implementation of the NHRC
Report 2002.
Pass such other order(s) or direction(s) or writ(s) as deemed fit and
proper;”
Mr. Colin Gonsalves, learned Senior Counsel appearing for the Petitioners
submitted that he is, at present, praying for four directions from this
Court which are as follows:
“A. Issue a writ of mandamus or any other appropriate writ, order or
direction, directing the Respondents to set up special officers, nodal
officers and protection cell as required under the Act forthwith.
F. Pass an order directing the Respondents to identify and notify
atrocity prone areas and to take appropriate action in accordance with law
immediately.
S. Pass an order directing the Respondents to frame a rehabilitation
package forthwith in accordance with the Act and Rules.
X. Pass an order directing the Respondents to file status reports on
compensation and allowances paid and remaining to be paid under the
provisions of the Act for the last five years and to make payments of
compensation wherever due forthwith.”
The Preamble to the Constitution of India provides for social, economic and
political justice and equality of status and opportunity to all its
citizens. Article 15 of the Constitution prohibits discrimination on the
grounds of religion, race, caste, sex or place of birth. Untouchability is
abolished and its practice in any form is forbidden by Article 17 of the
Constitution. The enforcement of any disability arising out of
untouchability as per Article 17 shall be an offence punishable under the
law. Article 46 reads as under:
“Article 46. Promotion of educational and economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections- The State shall promote
with a special care the education and economic interests of the weaker
sections of the people, and, in particular, of the Scheduled Castes and the
Scheduled Tribes , and shall protect them from social injustice and all
forms of exploitation.”
Articles 338 and 338A of the Constitution provide for constitution of
National Commissions for Scheduled Castes and Scheduled Tribes
respectively. The relevant portions of Articles 338 and 338A are as under:
“Article 338. National Commission for Scheduled Castes.
(1) There shall be a Commission for the Scheduled Castes to be known as the
National Commission for the Scheduled Castes.
* * *
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards
provided for the Scheduled Castes under this Constitution or under any
other law for the time being in force or under any order of the Government
and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation
of rights and safeguards of the Scheduled Castes;
(c) to participate and advise on the planning process of socio-economic
development of the Scheduled Castes and to evaluate the progress of their
development under the Union and any State;
(d) to present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that
should be taken by the Union or any State for the effective implementation
of those safeguards and other measures for the protection, welfare and
socio-economic development of the Scheduled Castes; and
(f) to discharge such other functions in relation to the protection,
welfare and development and advancement of the Scheduled Castes as the
President may, subject to the provisions of any law made by Parliament, by
rule specify.
(6) The President shall cause all such reports to be laid before each House
of Parliament along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the Union and the
reasons for the non-acceptance, if any, of any of such recommendations.
Article 338A. National Commission for Scheduled Tribes.
(1) There shall be a Commission for the Scheduled Tribes to be known as the
National Commission for the Scheduled Tribes.
* * *
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards
provided for the Scheduled Tribes under this Constitution or under any
other law for the time being in force or under any order of the Government
and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation
of rights and safeguards of the Scheduled Tribes;
(c) to participate and advise on the planning process of socio-economic
development of the Scheduled Tribes and to evaluate the progress of their
development under the Union and any State;
(d) to present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that
should be taken by the Union or any State for the effective implementation
of those safeguards and other measures for the protection, welfare and
socio-economic development of the Scheduled Tribes; and
(f) to discharge such other functions in relation to the protection,
welfare and development and advancement of the Scheduled Tribes as the
President may, subject to the provisions of any law made by Parliament, by
rule specify.
* * *
(8) The Commission shall, while investigating any matter referred to in sub-
clause (a) or inquiring into any complaint referred to in sub-clause (b) of
clause (5), have all the powers of a civil court trying a suit and in
particular in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person from any part of
India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or
office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.”
4. A brief historical background of the National Commission for
Scheduled Castes and Scheduled Tribes as stated in the Annual Report
submitted to the Parliament by National Commission for Scheduled Castes in
the year 2014-15 is as follows:
“For effective implementation of various safeguards provided in the
Constitution for the welfare of Scheduled Castes and Scheduled Tribes (SCs
and STs) and in various other protective legislations, the Constitution
provided for appointment of a Special Officer under Article 338 of the
Constitution. The Special Officer who was designated as Commissioner for
Scheduled Castes and Scheduled Tribes was assigned the duty to investigate
all matters relating to the safeguards for SCs and STs, provided in various
statutes, and to report to the President of India on the working of these
safeguards. In order to facilitate effective functioning of the office of
the Commissioner for Scheduled Castes and Scheduled Tribes, 17 regional
offices of the Commissioner were also set up in different parts of the
country. On persistent demand of the Members of Parliament that the Office
of the Commissioner for Scheduled Castes and Scheduled Tribes alone was not
enough to monitor the implementation of Constitutional safeguards, a
proposal was mooted for amendment of Article 338 of the Constitution (Forty-
sixth Amendment) for replacing the arrangement of one Member system with a
Multi Member system. The Government thereafter through a resolution in 1987
decided to set up a Multi-Member Commission, which was named as National
Commission for Scheduled Castes and Scheduled Tribes. Consequent upon the
Constitution (Eighty-Ninth Amendment) Act, 2003 coming into force on
19.02.2004, the erstwhile National Commission for Scheduled Castes and
Scheduled Tribes has been replaced by (1) National Commission for Scheduled
Castes and (2) National Commission for Scheduled Tribes. The Rules of the
National Commission for Scheduled Castes was notified on 20 February, 2004
by the Ministry of Social Justice & Empowerment.”[1]
The duties of the National Commission are provided in the Rules of
Procedure of the National Commission for Scheduled Castes. Chapter III of
the said Rules deals with investigation and inquiry by the Commission. The
relevant provisions are as follows:
“7.0 Investigation and Inquiry by the Commission
7.1 The Commission shall function by holding ‘sittings’ and ‘meetings’ at
any place within the country and also through its officers at the
Headquarters and in the State Offices. The Members of the Commission
including the Chairperson and the Vice-Chairperson shall function in
accordance with the procedure prescribed under these rules.
* * *
7.2. (a) Investigation and Inquiry by the Commission directly.
7.2.(a) i The Commission may hold sittings for investigation into matters
relating to safeguards, protection, welfare and development of the
Scheduled Castes for inquiry into specific complaints for which the
Commission decided to take up investigation or inquiry directly. Such
sittings may be held either at the Headquarters of the Commission or at any
other place within the country.
* * *
7.5 Inquiry into cases of atrocities
7.5.1 Whenever information is received in the Commission about any incident
of atrocity against a person belonging to Scheduled Castes, the Commission
would immediately get in touch with the law enforcing and administrative
machinery of the State and the district to ascertain the details of
incident and the action taken by the district administration. If after
detailed inquiry/investigation; the Commission finds substance in the
allegation/complaint regarding atrocity, the Commission may recommend to
file an FIR against the accused with the concerned law-enforcing agency of
the State/District. In such cases, the State Government/District
Administration/Police Personnel may be called with three days through the
summons.”
Chapter VIII of the Rules provides for the monitoring functions of the
Commission which are as under:
“15.0 Monitoring Functions of the Commission
15.1 The Commission to determine
subjects for monitoring
The Commission may determine from time to time the subjects or matters and
areas that it would monitor relating to safeguards and other socio-economic
development measures provided for the Scheduled Castes under the
Constitution or under any other law for the time being in force or under
any order of the Govt.
* * *
16.0 Follow-up action
16.1 In order to ensure that monitoring is done effectively, the
Commission, after getting the information as prescribed in the above rules
and after reaching conclusions, may as early as possible send out
communications to the concerned authority describing the shortcomings that
have been noticed in the implementation of the safeguards and suggesting
corrective steps. Decisions on sending out such a communication may be
taken at a level not lower than that of Joint Secretary/Secretary at
Headquarters. Directors-in-Charge of State Offices may take decisions on
routine matter whereas they will seek approval of the Secretary and the
concerned Member on complex and important matters affecting the interest of
Scheduled Castes as a group.
16.2 The Commission may ask for the comments of the concerned authority on
the action taken in pursuance of the communications sent under the Rule 76.
16.3 The Commission may include in its Annual Report or any Special Report,
findings and conclusions arrived at through the process of monitoring of
the subjects relating to the safeguards and socio-economic development
measures provided for the Scheduled Castes under the Constitution or under
any other law for the time being in force or under any order of the
Union/State Government.”
5. Article 39A of the Constitution provides for free legal aid to
ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities. The Legal Services
Authorities Act, 1987 (hereinafter referred to as “the LSA Act”) was
enacted to constitute special authorities for providing free and competent
legal services to weaker sections of the society. Section 4 (m) of the LSA
Act provides for special efforts to be made for enlisting the support of
voluntary social welfare institutions, particularly among Scheduled Castes
and Scheduled Tribes. Section 12 of the LSA Act provides for free legal aid
to the Scheduled Castes and Scheduled Tribes.
6. One of the purposes of the United Nations is to promote and
encourage respect for and observation of human rights and fundamental
freedoms for all, without distinction as to race, sex, language or
religion. Article 1 of the International Convention on the Elimination of
All Forms of Racial Discrimination, 1966 (ICERD) is as under:
“Article 1
1. In this Convention, the term "racial discrimination" shall mean any
distinction, exclusion, restriction or preference based on race, colour,
descent, or national or ethnic origin which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise, on an equal
footing, of human rights and fundamental freedoms in the political,
economic, social, cultural or any other field of public life.
2. This Convention shall not apply to distinctions, exclusions,
restrictions or preferences made by a State Party to this Convention
between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting in any way
the legal provisions of States Parties concerning nationality, citizenship
or naturalization, provided that such provisions do not discriminate
against any particular nationality.
4. Special measures taken for the sole purpose of securing adequate
advancement of certain racial or ethnic groups or individuals requiring
such protection as may be necessary in order to ensure such groups or
individuals equal enjoyment or exercise of human rights and fundamental
freedoms shall not be deemed racial discrimination, provided, however, that
such measures do not, as a consequence, lead to the maintenance of separate
rights for different racial groups and that they shall not be continued
after the objectives for which they were taken have been achieved.”[2]
Certain recommendations on Article 1 of the ICEDR were adopted on 1st
November 2002 which provide as under:
“Confirming the consistent view of the Committee that the term "descent" in
article 1, paragraph 1, the Convention does not solely refer to "race" and
has a meaning and application which complement the other prohibited grounds
of discrimination,
Strongly reaffirming that discrimination based on "descent" includes
discrimination against members of communities based on forms of social
stratification such as caste and analogous systems of inherited status
which nullify or impair their equal enjoyment of human rights,”[3]
These recommendations also strongly condemn decent based
discrimination such as discrimination based on caste. It is significant
that there was also a recommendation that the legislations and other
measures already in force should be strictly implemented.
7. To give effect to Article 17 in its true letter and spirit, the
Parliament enacted the Untouchability (Offences) Act, 1955. Sections 3 to 7
of the said Act prescribed punishments for enforcing religious, social and
any other kind of disabilities on the ground of untouchability. There were
several complaints from various quarters of the society about the lacunas
and loopholes in the said Act. Several amendments were made to the said Act
which was rechristened as the ‘Protection of Civil Rights Act, 1955’. In
spite of a major overhaul, it was noticed that the Protection of Civil
Rights Act, 1955 and the Indian Penal Code, 1860 were inadequate to check
the atrocities committed on Scheduled Castes and Scheduled Tribes. The fact
that the Scheduled Castes and Scheduled Tribes remained a vulnerable group
in spite of the introduction of several measures to improve their socio-
economic condition was a matter of deep concern to the Parliament. The
Parliament acknowledged that the Scheduled Castes and Scheduled Tribes were
subject to various offences, indignities, humiliations and harassments
perpetually. Numerous incidents of brutalities and atrocities depriving the
Scheduled Castes and Scheduled Tribes of their life and property were a
cause of concern for the Parliament. Considering the fact that there was an
increase in the disturbing trend of commission of atrocities against the
Scheduled Castes and Scheduled Tribes, the Parliament enacted the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The
Preamble to the Act reads as under:
“An Act to prevent the commission of offences of atrocities against the
members of the Scheduled Castes and the Scheduled Tribes, to provide for
special courts for the trial of such offences and for the relief and
rehabilitation of the victims of such offences and for matters connected
therewith or incidental thereto.”
8. The Act enlarges the scope of criminal liability by including several
acts or omissions of atrocities which were not covered by the Indian Penal
Code or the Protection of Civil Rights Act, 1955. The Act also provides
protection to the Scheduled Castes and Scheduled Tribes for various
atrocities affecting social disabilities, properties, malicious
prosecution, political rights and economic exploitation. The Act also
provides for enhanced punishment for commission of offences against the
Scheduled Castes and Scheduled Tribes. The minimum punishment for neglect
of duties committed by a public servant was also increased. Provisions were
made for granting minimum relief and compensation to victims of atrocities
and their legal heirs. The other salient features of the Act include
externment of potential offenders from Scheduled Areas and Tribal Areas as
well as attachment of the properties of the accused. The Act prohibits the
grant of Anticipatory Bail to the accused and the Probation of Offenders
Act, 1958 was also made inapplicable to the Act. Certain preventive
measures provided in the Act include cancellation of arms licenses of
potential offenders and even grant of arms licenses to Scheduled Castes and
Scheduled Tribes as a means of self defence.
9. We have examined the NHRC Report on Atrocities against Scheduled
Castes[4], the report of Justice K Punnaiah Commission[5], Sixth report of
the National Commission for Scheduled Castes[6] and a paper titled “The
Status of Implementation and need for amendments in the Prevention of
Atrocities Act, India” published by Petitioner No. 1. It is contended by
the Petitioners that the implementation of the Act has been totally
ineffective and that Dalits are still suffering from atrocities in view of
the non compliance of various provisions of the Act. The NHRC in its Report
observed that “even in respect of heinous crimes the police machinery in
many states has been deliberately avoiding the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989”. The Report further
highlighted the non registration of cases and various other machinations
resorted to by the police to discourage Dalits from registering cases under
the Act. The Petitioners also highlighted the persisting problem of non-
registration of cases under appropriate provisions of the Act, delays in
filing of charge-sheet, accused not being arrested, release of high risk
offenders on bail and filing of false and counter cases against Dalit
victims. The Petitioners also complained of non-payment of compensation to
the victims or their legal heirs. The Petitioner also relied upon the
findings of the sixth Report of the National Commission to show that
the Scheduled Castes and Scheduled Tribes have no access to legal aid.
Various committees contemplated by the Act at various levels are
dysfunctional.
10. The Petitioners submitted that Rules 3, 8, 9, 10, 15(1), 16 and 17 of
the Scheduled Castes and Schedules Tribes (prevention of Atrocities) Rules,
1995 (hereinafter referred to as “the Rules”) have to be strictly complied
with by the concerned authorities. Rule 3 provides for identification of
atrocity prone areas and for preventive measure to be taken. Rule 8 refers
to setting up Special Cells to conduct survey of the identified areas,
informing Nodal Officers and Special Officers on the law and order
situation of identified areas, making enquiries about the investigation and
spot inspections, wilful negligence of various authorities and reviewing
the position of cases registered. Rules 9 and 10 deal with the appointment
of Nodal Officers and Special Officers. A contingency plan for
implementation of provisions of the Act is dealt with in Rule 15(1).
Vigilance and Monitoring Committees to review the implementation of the
provisions of the Act at the State and District level have to be set-up
under Rule 16 and 17. According to Section 14 of the Act, designated
special courts and exclusive special courts have to be established for
speedy trial of offences under the Act.
11. The Act was made in 1989 because the Parliament found that the
provisions of the Protection of Civil Rights Act, 1955 were inadequate and
did not curb the evil practice of atrocities against Dalits. The grievance
of the Petitioners has been that though the Act is comprehensive enough to
deal with the social evil, its implementation has been painfully
ineffective. The ever increasing number of cases is also an indication to
show that there is a total failure on the part of the authorities in
complying with the provisions of the Act and the Rules. Placing reliance on
the NHRC Report and other reports, the Petitioners sought a mandamus from
this Court for effective implementation of the Act and the Rules.
12. We have carefully examined the material on record and we are of the
opinion that there has been a failure on the part of the concerned
authorities in complying with the provisions of the Act and Rules. The
laudable object with which the Act had been made is defeated by the
indifferent attitude of the authorities. It is true that the State
Governments are responsible for carrying out the provisions of the Act as
contended by the counsel for the Union of India. At the same time, the
Central Government has an important role to play in ensuring the compliance
of the provisions of the Act. Section 21 (4) of the Act provides for a
report on the measures taken by the Central Government and State
Governments for the effective implementation of the Act to be placed before
the Parliament every year. The constitutional goal of equality for all the
citizens of this country can be achieved only when the rights of the
Scheduled Castes and Scheduled Tribes are protected. The abundant material
on record proves that the authorities concerned are guilty of not enforcing
the provisions of the Act. The travails of the members of the Scheduled
Castes and the Scheduled Tribes continue unabated. We are satisfied that
the Central Government and State Governments should be directed to strictly
enforce the provisions of the Act and we do so. The National Commissions
are also directed to discharge their duties to protect the Scheduled Castes
and Scheduled Tribes. The National Legal Services Authority is requested to
formulate appropriate schemes to spread awareness and provide free legal
aid to members of the Scheduled Castes and Scheduled Tribes. A similar
situation arose before this Court in Safai Karamchari Andolan v. Union of
India, (2014) 11 SCC 224. The Petitioners therein filed a Writ Petition
seeking enforcement of the provisions of the Employment of Manual
Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. This
Court held as under:
“24. In the light of various provisions of the Act referred to above and
the Rules in addition to various directions issued by this Court, we hereby
direct all the State Governments and the Union Territories to fully
implement the same and take appropriate action for non-implementation as
well as violation of the provisions contained in the Act 2013. Inasmuch as
the 2013 Act occupies the entire field, we are of the view that no further
monitoring is required by this Court. However, we once again reiterate that
the duty is cast on all the States and the Union Territories to fully
implement and to take action against the violators. Henceforth, persons
aggrieved are permitted to approach the authorities concerned at the first
instance and thereafter the High Court having jurisdiction.”
13. The Petitioners are at liberty to approach the concerned authorities
and thereafter the High Courts for redressal of their grievances, if any.
In view of the aforesaid, the writ petition is disposed of. No cost.
.....…...........................CJI
[T. S. THAKUR]
........................................J
[Dr. D. Y. CHANDRACHUD]
..……................................J
[L. NAGESWARA RAO]
New Delhi,
December 15, 2016
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No…12256.…… of 2016
(@ S.L.P. (C) No…37164… of 2016)
(@ C.C. No.19532 of 2011)
NATIONAL DALIT MOVEMENT FOR JUSTICE
Appellant (s)
Versus
STATE OF MADHYA PRADESH & ORS.
Respondent (s)
J U D G M E N T
L. NAGESWARA RAO, J.
Delay condoned.
Leave granted.
In terms of the order pronounced in W.P. (C) No. 140 of 2006, this
Appeal also stands disposed of. No cost.
.....…...........................CJI
[T. S. THAKUR]
........................................J
[Dr. D. Y. CHANDRACHUD]
..……................................J
[L. NAGESWARA RAO]
New Delhi,
December 15, 2016
-----------------------
[1]
Annual Report 2014-15 National Commission for Scheduled Castes
[2] International Convention on the Elimination of All Forms of Racial
Discrimination, Adopted and opened for signature and ratification by
General Assembly resolution 2106 (XX) of 21 December 1965, entry into force
4 January 1969, in accordance with Article 19
[3] CERD General recommendation XXIX on article 1, paragraph 1, of the
Convention (Descent), A/57/18 (2002) 111
[4] NHRC, Atrocities against Scheduled Castes, November 25, 2002
[5] The Government of Andhra Pradesh had appointed Dr. Justice K.
Punnaiah, Retired Judge of Andhra Pradesh High Court as Single member
Commission of enquiry to inquire into the practice of Untouchability and
atrocities against Scheduled Castes and Scheduled Tries and to suggest
measures for eradication of Untouchability and prevention of atrocities.
[6] National SC/ST Commission Report 2000-01
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
WRIT PETITION (CIVIL) No. 140 of 2006
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS.
.... Appellant(s)
Versus
UNION OF INDIA & ORS.
….Respondent
J U D G M E N T
L. NAGESWARA RAO, J.
“I do not want to be reborn, but if I am reborn, I wish that I should be
born as a Harijan, as an untouchable, so that I may lead a continuous
struggle, a lifelong struggle against the oppressions and indignities that
have been heaped upon these classes of people”. – Mahatama Gandhi
The Petitioners who are voluntary organisations are continuing the
struggle for emancipation of members of Scheduled Castes and Scheduled
Tribes. The Petitioners have filed this Writ Petition aggrieved by the non-
implementation of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as ‘the Act’) and the rules
made thereunder, seeking the following reliefs:
“Issue a writ of mandamus or any other appropriate writ, order or
direction, directing the Respondents to set up special officers, nodal
officers and protection cell as required under the Act forthwith.
Pass an order directing the nodal officer to investigate every case where a
complaint is made to him regarding negligence of a police officer, where
the FIRs are illegally no registered or registered improperly, where charge
sheets are filed late, where the investigation is done by an officer lower
in rank than a Dy. SP, and to take action against the officer concerned for
acting contrary to the provisions of the Act in accordance with law.
Pass an order directing the Respondents to file status reports on filing
charge-sheets in SC/ST (PoA) Act of 1989 cases and duration that have taken
in last five years.
Pass an order directing the Respondents to set up separate Special Courts
for each district within six months
Pass an order directing the Respondent to file status reports on
registration of FIR’s against the erring officials under Section 4 of the
Act.
Pass an order directing the Respondents to identify and notify atrocity
prone areas and to take appropriate action in accordance with law
immediately.
Pass an order directing the Respondents to file status reports on the cases
they registered against SC/STs after the SC/ST lodged complaint and status
of the cases.
Pass an order directing the judicial officers to carefully monitor all
cases in their jurisdiction to ensure that he cases are given top priority
and speedy justice is done for the victims of caste atrocities & to make a
report every six months to the High Court.
Pass an order directing the District Magistrate to review the performance
of Special Public Prosecutors every month & report to their respective High
Court.
Pass an order directing the Respondent to file status reports of the public
prosecutors’ performance regarding SC/ST cases with a period of six months.
Pass an order directing the District Magistrates to appoint senior Advocate
for prosecution if the victim so desires.
Pass an order directing the Respondent to appoint, wherever possible,
public prosecutors from the SC/ST caste and If possible SC/ST women
advocates and impart periodic training.
Pass an order directing all judicial officers to play a proactive role
during the trial to ensure that the prosecution conducts itself competently
and nothing is done to result in any disservice to the victims.
Pass an order directing the Respondents and particularly the Director of
Prosecutions to review all cases of acquittal by the Special Courts over
the last five years which have not been carried in appeal, and to take
immediate steps in accordance with law.
Pass an order directing all judicial officers to pay particular attention
for cases where the accused have not been arrested.
Pass an order directing all judicial officers to ensure that no pressure
whatsoever is brought to bear on the victims or their witnesses to force
them to withdraw from prosecution.
Pass an order directing the Respondents to instruct the special public
prosecutors to file for cancellation of bail where the same is contrary to
the purpose and objective of the Atrocities Act.
Pass an order directing the Chief Secretary/Administrators of the
Respondents State/UT’s to enquire into the performance of the
Superintendents of Police and the Collectors of every district where
atrocities are frequently reported and, wherever justified, punish such
officers for not acting promptly and in accordance with the law.
Pass an order directing the Respondents to frame a rehabilitation package
forthwith in accordance with the Act and Rules.
Pass an order directing the Respondents to set up Dalit Legal Aid Centers
operated by Dalit lawyers and funded by the State Legal Aid Services
Authority.
Pass an order directing the State Governments to implement the SC & SC
(PoA) Act of 1989 fully (West Bengal)
Pass an order directing the Police officers to apply their minds to all the
provisions of Section 3(1)(i) to 3(1)(xv) while registering FIRs.
Pass an order directing the Respondent that on a complaint being made by
the victim of a social/economic boycott, the Bail of the accused be
cancelled and strict action including criminal prosecution taken against
the officials by the District Magistrates and the presiding officers.
(Compensation to be paid by the state)
Pass an order directing the Respondents to file status reports on
compensation and allowances paid and remaining to be paid under the
provisions of the Act for the last five years and to make payments of
compensation wherever due forthwith.
Pass an order directing the Respondents to revised and increase the
applicable compensation rates and realistic and current market prices
terms.
Pass an order directing the Respondents to appoint leading members of
reputed organizations active in there are of Dalit rights on the Monitoring
and Vigilance Committees throughout the State to which at least 50% should
consist of women members throughout the State.
Pass an order directing the Respondents to implement the provision relating
to imposition of collective fines wherever applicable under this Act.
Pass an order directing the Respondents for the implementation of the NHRC
Report 2002.
Pass such other order(s) or direction(s) or writ(s) as deemed fit and
proper;”
Mr. Colin Gonsalves, learned Senior Counsel appearing for the Petitioners
submitted that he is, at present, praying for four directions from this
Court which are as follows:
“A. Issue a writ of mandamus or any other appropriate writ, order or
direction, directing the Respondents to set up special officers, nodal
officers and protection cell as required under the Act forthwith.
F. Pass an order directing the Respondents to identify and notify
atrocity prone areas and to take appropriate action in accordance with law
immediately.
S. Pass an order directing the Respondents to frame a rehabilitation
package forthwith in accordance with the Act and Rules.
X. Pass an order directing the Respondents to file status reports on
compensation and allowances paid and remaining to be paid under the
provisions of the Act for the last five years and to make payments of
compensation wherever due forthwith.”
The Preamble to the Constitution of India provides for social, economic and
political justice and equality of status and opportunity to all its
citizens. Article 15 of the Constitution prohibits discrimination on the
grounds of religion, race, caste, sex or place of birth. Untouchability is
abolished and its practice in any form is forbidden by Article 17 of the
Constitution. The enforcement of any disability arising out of
untouchability as per Article 17 shall be an offence punishable under the
law. Article 46 reads as under:
“Article 46. Promotion of educational and economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections- The State shall promote
with a special care the education and economic interests of the weaker
sections of the people, and, in particular, of the Scheduled Castes and the
Scheduled Tribes , and shall protect them from social injustice and all
forms of exploitation.”
Articles 338 and 338A of the Constitution provide for constitution of
National Commissions for Scheduled Castes and Scheduled Tribes
respectively. The relevant portions of Articles 338 and 338A are as under:
“Article 338. National Commission for Scheduled Castes.
(1) There shall be a Commission for the Scheduled Castes to be known as the
National Commission for the Scheduled Castes.
* * *
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards
provided for the Scheduled Castes under this Constitution or under any
other law for the time being in force or under any order of the Government
and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation
of rights and safeguards of the Scheduled Castes;
(c) to participate and advise on the planning process of socio-economic
development of the Scheduled Castes and to evaluate the progress of their
development under the Union and any State;
(d) to present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that
should be taken by the Union or any State for the effective implementation
of those safeguards and other measures for the protection, welfare and
socio-economic development of the Scheduled Castes; and
(f) to discharge such other functions in relation to the protection,
welfare and development and advancement of the Scheduled Castes as the
President may, subject to the provisions of any law made by Parliament, by
rule specify.
(6) The President shall cause all such reports to be laid before each House
of Parliament along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the Union and the
reasons for the non-acceptance, if any, of any of such recommendations.
Article 338A. National Commission for Scheduled Tribes.
(1) There shall be a Commission for the Scheduled Tribes to be known as the
National Commission for the Scheduled Tribes.
* * *
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards
provided for the Scheduled Tribes under this Constitution or under any
other law for the time being in force or under any order of the Government
and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation
of rights and safeguards of the Scheduled Tribes;
(c) to participate and advise on the planning process of socio-economic
development of the Scheduled Tribes and to evaluate the progress of their
development under the Union and any State;
(d) to present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that
should be taken by the Union or any State for the effective implementation
of those safeguards and other measures for the protection, welfare and
socio-economic development of the Scheduled Tribes; and
(f) to discharge such other functions in relation to the protection,
welfare and development and advancement of the Scheduled Tribes as the
President may, subject to the provisions of any law made by Parliament, by
rule specify.
* * *
(8) The Commission shall, while investigating any matter referred to in sub-
clause (a) or inquiring into any complaint referred to in sub-clause (b) of
clause (5), have all the powers of a civil court trying a suit and in
particular in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person from any part of
India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or
office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.”
4. A brief historical background of the National Commission for
Scheduled Castes and Scheduled Tribes as stated in the Annual Report
submitted to the Parliament by National Commission for Scheduled Castes in
the year 2014-15 is as follows:
“For effective implementation of various safeguards provided in the
Constitution for the welfare of Scheduled Castes and Scheduled Tribes (SCs
and STs) and in various other protective legislations, the Constitution
provided for appointment of a Special Officer under Article 338 of the
Constitution. The Special Officer who was designated as Commissioner for
Scheduled Castes and Scheduled Tribes was assigned the duty to investigate
all matters relating to the safeguards for SCs and STs, provided in various
statutes, and to report to the President of India on the working of these
safeguards. In order to facilitate effective functioning of the office of
the Commissioner for Scheduled Castes and Scheduled Tribes, 17 regional
offices of the Commissioner were also set up in different parts of the
country. On persistent demand of the Members of Parliament that the Office
of the Commissioner for Scheduled Castes and Scheduled Tribes alone was not
enough to monitor the implementation of Constitutional safeguards, a
proposal was mooted for amendment of Article 338 of the Constitution (Forty-
sixth Amendment) for replacing the arrangement of one Member system with a
Multi Member system. The Government thereafter through a resolution in 1987
decided to set up a Multi-Member Commission, which was named as National
Commission for Scheduled Castes and Scheduled Tribes. Consequent upon the
Constitution (Eighty-Ninth Amendment) Act, 2003 coming into force on
19.02.2004, the erstwhile National Commission for Scheduled Castes and
Scheduled Tribes has been replaced by (1) National Commission for Scheduled
Castes and (2) National Commission for Scheduled Tribes. The Rules of the
National Commission for Scheduled Castes was notified on 20 February, 2004
by the Ministry of Social Justice & Empowerment.”[1]
The duties of the National Commission are provided in the Rules of
Procedure of the National Commission for Scheduled Castes. Chapter III of
the said Rules deals with investigation and inquiry by the Commission. The
relevant provisions are as follows:
“7.0 Investigation and Inquiry by the Commission
7.1 The Commission shall function by holding ‘sittings’ and ‘meetings’ at
any place within the country and also through its officers at the
Headquarters and in the State Offices. The Members of the Commission
including the Chairperson and the Vice-Chairperson shall function in
accordance with the procedure prescribed under these rules.
* * *
7.2. (a) Investigation and Inquiry by the Commission directly.
7.2.(a) i The Commission may hold sittings for investigation into matters
relating to safeguards, protection, welfare and development of the
Scheduled Castes for inquiry into specific complaints for which the
Commission decided to take up investigation or inquiry directly. Such
sittings may be held either at the Headquarters of the Commission or at any
other place within the country.
* * *
7.5 Inquiry into cases of atrocities
7.5.1 Whenever information is received in the Commission about any incident
of atrocity against a person belonging to Scheduled Castes, the Commission
would immediately get in touch with the law enforcing and administrative
machinery of the State and the district to ascertain the details of
incident and the action taken by the district administration. If after
detailed inquiry/investigation; the Commission finds substance in the
allegation/complaint regarding atrocity, the Commission may recommend to
file an FIR against the accused with the concerned law-enforcing agency of
the State/District. In such cases, the State Government/District
Administration/Police Personnel may be called with three days through the
summons.”
Chapter VIII of the Rules provides for the monitoring functions of the
Commission which are as under:
“15.0 Monitoring Functions of the Commission
15.1 The Commission to determine
subjects for monitoring
The Commission may determine from time to time the subjects or matters and
areas that it would monitor relating to safeguards and other socio-economic
development measures provided for the Scheduled Castes under the
Constitution or under any other law for the time being in force or under
any order of the Govt.
* * *
16.0 Follow-up action
16.1 In order to ensure that monitoring is done effectively, the
Commission, after getting the information as prescribed in the above rules
and after reaching conclusions, may as early as possible send out
communications to the concerned authority describing the shortcomings that
have been noticed in the implementation of the safeguards and suggesting
corrective steps. Decisions on sending out such a communication may be
taken at a level not lower than that of Joint Secretary/Secretary at
Headquarters. Directors-in-Charge of State Offices may take decisions on
routine matter whereas they will seek approval of the Secretary and the
concerned Member on complex and important matters affecting the interest of
Scheduled Castes as a group.
16.2 The Commission may ask for the comments of the concerned authority on
the action taken in pursuance of the communications sent under the Rule 76.
16.3 The Commission may include in its Annual Report or any Special Report,
findings and conclusions arrived at through the process of monitoring of
the subjects relating to the safeguards and socio-economic development
measures provided for the Scheduled Castes under the Constitution or under
any other law for the time being in force or under any order of the
Union/State Government.”
5. Article 39A of the Constitution provides for free legal aid to
ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities. The Legal Services
Authorities Act, 1987 (hereinafter referred to as “the LSA Act”) was
enacted to constitute special authorities for providing free and competent
legal services to weaker sections of the society. Section 4 (m) of the LSA
Act provides for special efforts to be made for enlisting the support of
voluntary social welfare institutions, particularly among Scheduled Castes
and Scheduled Tribes. Section 12 of the LSA Act provides for free legal aid
to the Scheduled Castes and Scheduled Tribes.
6. One of the purposes of the United Nations is to promote and
encourage respect for and observation of human rights and fundamental
freedoms for all, without distinction as to race, sex, language or
religion. Article 1 of the International Convention on the Elimination of
All Forms of Racial Discrimination, 1966 (ICERD) is as under:
“Article 1
1. In this Convention, the term "racial discrimination" shall mean any
distinction, exclusion, restriction or preference based on race, colour,
descent, or national or ethnic origin which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise, on an equal
footing, of human rights and fundamental freedoms in the political,
economic, social, cultural or any other field of public life.
2. This Convention shall not apply to distinctions, exclusions,
restrictions or preferences made by a State Party to this Convention
between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting in any way
the legal provisions of States Parties concerning nationality, citizenship
or naturalization, provided that such provisions do not discriminate
against any particular nationality.
4. Special measures taken for the sole purpose of securing adequate
advancement of certain racial or ethnic groups or individuals requiring
such protection as may be necessary in order to ensure such groups or
individuals equal enjoyment or exercise of human rights and fundamental
freedoms shall not be deemed racial discrimination, provided, however, that
such measures do not, as a consequence, lead to the maintenance of separate
rights for different racial groups and that they shall not be continued
after the objectives for which they were taken have been achieved.”[2]
Certain recommendations on Article 1 of the ICEDR were adopted on 1st
November 2002 which provide as under:
“Confirming the consistent view of the Committee that the term "descent" in
article 1, paragraph 1, the Convention does not solely refer to "race" and
has a meaning and application which complement the other prohibited grounds
of discrimination,
Strongly reaffirming that discrimination based on "descent" includes
discrimination against members of communities based on forms of social
stratification such as caste and analogous systems of inherited status
which nullify or impair their equal enjoyment of human rights,”[3]
These recommendations also strongly condemn decent based
discrimination such as discrimination based on caste. It is significant
that there was also a recommendation that the legislations and other
measures already in force should be strictly implemented.
7. To give effect to Article 17 in its true letter and spirit, the
Parliament enacted the Untouchability (Offences) Act, 1955. Sections 3 to 7
of the said Act prescribed punishments for enforcing religious, social and
any other kind of disabilities on the ground of untouchability. There were
several complaints from various quarters of the society about the lacunas
and loopholes in the said Act. Several amendments were made to the said Act
which was rechristened as the ‘Protection of Civil Rights Act, 1955’. In
spite of a major overhaul, it was noticed that the Protection of Civil
Rights Act, 1955 and the Indian Penal Code, 1860 were inadequate to check
the atrocities committed on Scheduled Castes and Scheduled Tribes. The fact
that the Scheduled Castes and Scheduled Tribes remained a vulnerable group
in spite of the introduction of several measures to improve their socio-
economic condition was a matter of deep concern to the Parliament. The
Parliament acknowledged that the Scheduled Castes and Scheduled Tribes were
subject to various offences, indignities, humiliations and harassments
perpetually. Numerous incidents of brutalities and atrocities depriving the
Scheduled Castes and Scheduled Tribes of their life and property were a
cause of concern for the Parliament. Considering the fact that there was an
increase in the disturbing trend of commission of atrocities against the
Scheduled Castes and Scheduled Tribes, the Parliament enacted the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The
Preamble to the Act reads as under:
“An Act to prevent the commission of offences of atrocities against the
members of the Scheduled Castes and the Scheduled Tribes, to provide for
special courts for the trial of such offences and for the relief and
rehabilitation of the victims of such offences and for matters connected
therewith or incidental thereto.”
8. The Act enlarges the scope of criminal liability by including several
acts or omissions of atrocities which were not covered by the Indian Penal
Code or the Protection of Civil Rights Act, 1955. The Act also provides
protection to the Scheduled Castes and Scheduled Tribes for various
atrocities affecting social disabilities, properties, malicious
prosecution, political rights and economic exploitation. The Act also
provides for enhanced punishment for commission of offences against the
Scheduled Castes and Scheduled Tribes. The minimum punishment for neglect
of duties committed by a public servant was also increased. Provisions were
made for granting minimum relief and compensation to victims of atrocities
and their legal heirs. The other salient features of the Act include
externment of potential offenders from Scheduled Areas and Tribal Areas as
well as attachment of the properties of the accused. The Act prohibits the
grant of Anticipatory Bail to the accused and the Probation of Offenders
Act, 1958 was also made inapplicable to the Act. Certain preventive
measures provided in the Act include cancellation of arms licenses of
potential offenders and even grant of arms licenses to Scheduled Castes and
Scheduled Tribes as a means of self defence.
9. We have examined the NHRC Report on Atrocities against Scheduled
Castes[4], the report of Justice K Punnaiah Commission[5], Sixth report of
the National Commission for Scheduled Castes[6] and a paper titled “The
Status of Implementation and need for amendments in the Prevention of
Atrocities Act, India” published by Petitioner No. 1. It is contended by
the Petitioners that the implementation of the Act has been totally
ineffective and that Dalits are still suffering from atrocities in view of
the non compliance of various provisions of the Act. The NHRC in its Report
observed that “even in respect of heinous crimes the police machinery in
many states has been deliberately avoiding the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989”. The Report further
highlighted the non registration of cases and various other machinations
resorted to by the police to discourage Dalits from registering cases under
the Act. The Petitioners also highlighted the persisting problem of non-
registration of cases under appropriate provisions of the Act, delays in
filing of charge-sheet, accused not being arrested, release of high risk
offenders on bail and filing of false and counter cases against Dalit
victims. The Petitioners also complained of non-payment of compensation to
the victims or their legal heirs. The Petitioner also relied upon the
findings of the sixth Report of the National Commission to show that
the Scheduled Castes and Scheduled Tribes have no access to legal aid.
Various committees contemplated by the Act at various levels are
dysfunctional.
10. The Petitioners submitted that Rules 3, 8, 9, 10, 15(1), 16 and 17 of
the Scheduled Castes and Schedules Tribes (prevention of Atrocities) Rules,
1995 (hereinafter referred to as “the Rules”) have to be strictly complied
with by the concerned authorities. Rule 3 provides for identification of
atrocity prone areas and for preventive measure to be taken. Rule 8 refers
to setting up Special Cells to conduct survey of the identified areas,
informing Nodal Officers and Special Officers on the law and order
situation of identified areas, making enquiries about the investigation and
spot inspections, wilful negligence of various authorities and reviewing
the position of cases registered. Rules 9 and 10 deal with the appointment
of Nodal Officers and Special Officers. A contingency plan for
implementation of provisions of the Act is dealt with in Rule 15(1).
Vigilance and Monitoring Committees to review the implementation of the
provisions of the Act at the State and District level have to be set-up
under Rule 16 and 17. According to Section 14 of the Act, designated
special courts and exclusive special courts have to be established for
speedy trial of offences under the Act.
11. The Act was made in 1989 because the Parliament found that the
provisions of the Protection of Civil Rights Act, 1955 were inadequate and
did not curb the evil practice of atrocities against Dalits. The grievance
of the Petitioners has been that though the Act is comprehensive enough to
deal with the social evil, its implementation has been painfully
ineffective. The ever increasing number of cases is also an indication to
show that there is a total failure on the part of the authorities in
complying with the provisions of the Act and the Rules. Placing reliance on
the NHRC Report and other reports, the Petitioners sought a mandamus from
this Court for effective implementation of the Act and the Rules.
12. We have carefully examined the material on record and we are of the
opinion that there has been a failure on the part of the concerned
authorities in complying with the provisions of the Act and Rules. The
laudable object with which the Act had been made is defeated by the
indifferent attitude of the authorities. It is true that the State
Governments are responsible for carrying out the provisions of the Act as
contended by the counsel for the Union of India. At the same time, the
Central Government has an important role to play in ensuring the compliance
of the provisions of the Act. Section 21 (4) of the Act provides for a
report on the measures taken by the Central Government and State
Governments for the effective implementation of the Act to be placed before
the Parliament every year. The constitutional goal of equality for all the
citizens of this country can be achieved only when the rights of the
Scheduled Castes and Scheduled Tribes are protected. The abundant material
on record proves that the authorities concerned are guilty of not enforcing
the provisions of the Act. The travails of the members of the Scheduled
Castes and the Scheduled Tribes continue unabated. We are satisfied that
the Central Government and State Governments should be directed to strictly
enforce the provisions of the Act and we do so. The National Commissions
are also directed to discharge their duties to protect the Scheduled Castes
and Scheduled Tribes. The National Legal Services Authority is requested to
formulate appropriate schemes to spread awareness and provide free legal
aid to members of the Scheduled Castes and Scheduled Tribes. A similar
situation arose before this Court in Safai Karamchari Andolan v. Union of
India, (2014) 11 SCC 224. The Petitioners therein filed a Writ Petition
seeking enforcement of the provisions of the Employment of Manual
Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. This
Court held as under:
“24. In the light of various provisions of the Act referred to above and
the Rules in addition to various directions issued by this Court, we hereby
direct all the State Governments and the Union Territories to fully
implement the same and take appropriate action for non-implementation as
well as violation of the provisions contained in the Act 2013. Inasmuch as
the 2013 Act occupies the entire field, we are of the view that no further
monitoring is required by this Court. However, we once again reiterate that
the duty is cast on all the States and the Union Territories to fully
implement and to take action against the violators. Henceforth, persons
aggrieved are permitted to approach the authorities concerned at the first
instance and thereafter the High Court having jurisdiction.”
13. The Petitioners are at liberty to approach the concerned authorities
and thereafter the High Courts for redressal of their grievances, if any.
In view of the aforesaid, the writ petition is disposed of. No cost.
.....…...........................CJI
[T. S. THAKUR]
........................................J
[Dr. D. Y. CHANDRACHUD]
..……................................J
[L. NAGESWARA RAO]
New Delhi,
December 15, 2016
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No…12256.…… of 2016
(@ S.L.P. (C) No…37164… of 2016)
(@ C.C. No.19532 of 2011)
NATIONAL DALIT MOVEMENT FOR JUSTICE
Appellant (s)
Versus
STATE OF MADHYA PRADESH & ORS.
Respondent (s)
J U D G M E N T
L. NAGESWARA RAO, J.
Delay condoned.
Leave granted.
In terms of the order pronounced in W.P. (C) No. 140 of 2006, this
Appeal also stands disposed of. No cost.
.....…...........................CJI
[T. S. THAKUR]
........................................J
[Dr. D. Y. CHANDRACHUD]
..……................................J
[L. NAGESWARA RAO]
New Delhi,
December 15, 2016
-----------------------
[1]
Annual Report 2014-15 National Commission for Scheduled Castes
[2] International Convention on the Elimination of All Forms of Racial
Discrimination, Adopted and opened for signature and ratification by
General Assembly resolution 2106 (XX) of 21 December 1965, entry into force
4 January 1969, in accordance with Article 19
[3] CERD General recommendation XXIX on article 1, paragraph 1, of the
Convention (Descent), A/57/18 (2002) 111
[4] NHRC, Atrocities against Scheduled Castes, November 25, 2002
[5] The Government of Andhra Pradesh had appointed Dr. Justice K.
Punnaiah, Retired Judge of Andhra Pradesh High Court as Single member
Commission of enquiry to inquire into the practice of Untouchability and
atrocities against Scheduled Castes and Scheduled Tries and to suggest
measures for eradication of Untouchability and prevention of atrocities.
[6] National SC/ST Commission Report 2000-01
