Govt takes affirmative action to next level

The Ministry of Social Justice and Empowerment has issued a notification to enhance compensation to members of Scheduled Castes (Dalits) and Scheduled Tribes (Tribals), falling victim to different crimes.

Taking the affirmative action to another level and to show its pro-Dalit approach, the government said the notification has come into force with immediate effect. Instead of taking the Parliamentary route to further amend the SC and ST (Prevention of Atrocities) Act of 1989, the ministry used the administrative powers to amend the SC and ST (Prevention of Atrocities) Rules of 1995.

The Act was amended in 2015 and it came into force from last January 26 to ensure more stringent provisions to curb the atrocities on SCs and STs. The amended rules have now listed 47 kinds of offences committed against Dalits and Tribals for enhanced compensation ranging from Rs 1 lakh to Rs 8.25 lakh, requiring its payment by the state within seven days of incident. The District Magistrate has been authorised to immediately withdraw money from the state treasuries to compensate the victims while the courts are empowers to also order their socio-economic rehabilitation during investigation and trial. Police is also mandated to file the charge-sheet in the cases of offences against Dalits and Tribals within 60 days.

The new rules envisage compensation of Rs 5 lakh to a rape victim from SC or ST community and Rs 8.25 lakh to a victim of acid attack damaging her face or a gang rape, while even in intentionally touching an SC/ST woman without her consent, stalking, sexual harassment or sexual assault will lead to the state paying her a compensation of Rs 2 lakh, an increase from the previous relief of Rs 1.2 lakh. The changed rules will specially help the Dalits. It envisages payment of Rs 1 lakh to any community member garlanded with footwear or paraded naked or forcibly tonsuring of head or moustaches and paining face. The victim gets Rs 25,000 at the FIR stage and another 50,000 when the charge-sheet is filed. Same kind of compensation is stipulated for wrongful dispossession of land or premises or occupation or cultivation of land of a Dalit or a tribal, or forcing one to do manual scavenging or carry human or animal carcases and dig graves or intentionally insulting one to humiliate in public place or destroying, damaging or defiling any object held secret.

Even the poll offences like preventing one to vote or file nomination, or punishing for voting or not voting a particular candidate or social and economic boycott and after-poll violence and intimidation to holders of panchayat and municipal posts from performing their duties will attract compensation of Rs 85,000.

The highest compensation of Rs 8.25 lakh is fixed in case of murder, gang rape, acid attack deforming face or injuries exceeding 30 per cent, or where incapacitation is 100% from an attack (Rs 4.5 lakh if incapacitation over 50%).The victim is entitled for compensation of Rs 4.25 lakh if he or she were denied customary right of passage to a public place or giving a fabricated false evidence against them for harassment. The state governments are also required to appoint eminent senior advocates with not less than seven years of practice, on the recommendation of the district magistrate, as also the special public prosecutors for conducting cases in special courts and exclusive special courts.