Professional Documents
Culture Documents
Acts and Rules On Prevention of Atrocities and Protection of Civil Rights
Acts and Rules On Prevention of Atrocities and Protection of Civil Rights
THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989
(Act No. 33 of 1989)
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
CHAPTER I
Preliminary
1. (1) This Act may be called the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
Short title,
extent and (2) It extends to the whole of India except the State of Jammu and
commence Kashmir.
ment. (3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an
area in which such enactment or such provision is not in force, be construed as a reference to the
corresponding law, if any, in force in that area.
191
CHAPTER-II
Offences of Atrocities
(ii) acts with intent to cause injury, insult or annoyance to any member of Scheduled
Caste or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious
substance in his premises or neighborhood;
(iii) forcibly removes clothes from the person of a member of a Scheduled Caste or a
Scheduled Tribe or parades him naked or with painted face or body or commits any similar act
which is derogatory to human dignity;
(iv) wrongfully occupies or cultivates any land owned by, 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 the land allotted to him transferred;
(viii) institutes false, malicious or vexatious suit or criminal or other legal proceedings
against a member of a Scheduled Caste or a
Scheduled Tribe;
(ix) 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;
(x) intentionally insults or intimidates with intent to humiliate a
member of a Scheduled caste or a Scheduled Tribe in any place within public view;
(xiii) corrupts or fouls the water of any spring, reservoir or any other source 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;
192
(xiv) denies a member of a Scheduled Caste or 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 section thereof
have a right to use or access to;
(xv) forces or causes a member of a Scheduled Caste or a Scheduled
Tribe to leave his house village or other place of residence
shall be punishable with imprisonment for term which shall not be less thansix months
butwhich may extend to five years and with fine.
(iii) commits mischief by fire or any explosive substance intending to cause or knowing
it to be likely that he will thereby cause damage to any property belonging to a member of 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 seven years and with fine;
(iv) commits mischief by fire or any explosive substance intending to cause or knowing
it to be likely that he will thereby cause destruction of any building which is ordinarily used as a
place of worship or as a place for human dwelling or as a place for custody of the property by a
member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for
life and with fine;
(v) commits any offence under the Indian Penal Code punishable with imprisonment for
a term of ten years or more against a person or property on the ground that such person is a
member of a Scheduled caste or Scheduled Tribe or such property belongs to such member, shall
be punishable with imprisonment for life and with fine; 45 of 1860
(vi) knowingly or having reason to believe that an offence has been committed under this
Chapter, causes any evidence of the commission of that offence to disappear with the intention
of screening the offender from legal punishment, or with that intention gives any information
respecting the offence which he knows or believes to be false, shall be punishable with the
punishment provided for that offence; or
(vii) being a public servant, commits any offence under this section, shall be punishable
with imprisonment for a term, which shall not be less than one year but which may extend to the
punishment provided for that offence.
193
4. Whoever, being a public servant but not being a member of a Scheduled Caste or a
Scheduled Tribe, willfully neglects his duties required to be performed by him
Punishment
for neglect of
under this Act, shall be punishable with imprisonment for a term which shall not
duties be less than six months but which may extend to one year.
6. Subject to the other provisions of this Act, the provisions of section 34, Chapter III,
Chapter IV, Chapter V, Chapter VA, section 149 and Chapter XXIII
Application
of certain of the Indian Penal Code, shall, so far as may be, apply for the
provisions of purposes of this Act as they apply for the purposes of the Indian
Indian Penal Penal Code.
Code. 45 of 1860
7. (1) Where a person has been convicted of any offence punishable under this
Chapter, the Special Court may, in addition to awarding any
Forfeiture of
punishment, by order in writing, declare that any property, moveable or
property of
certain immovable or both, belonging to the person, which has been used for the
persons. commission of that offence, shall stand forfeited to Government.
(2) Where any person is accused of any offence under this Chapter, it shall be open to the
Special Court trying him to pass an order that all or any of the properties, moveable or
immovable or both, belonging to him, shall, during the period of such trial, be attached, and
where such trial ends in conviction, the property so attached shall be liable to forfeiture to the
extent it is required for the purpose of realisation of any fine imposed under this Chapter.
194
(2) All officers of police and all other officers of Government shall assist the officer referred
to in sub-section (1) in the execution of the provisions of this Act or any rule, scheme or order
made thereunder.
(3) The provisions of the Code shall, so far as may be, apply to the exercise of the powers by
an officer under sub-section (1).
CHAPTER- III
Externment
10. (1) Where the Special Court is satisfied, upon a complaint or a police report that
a person is likely to commit an offence under Chapter II of this Act in
Removal of any area included in the ‘Scheduled Areas’ or ‘Tribal areas’, as referred
persons
likely to
to in article 244 of the Constitution, it may, by order in writing, direct such
commit person to remove himself beyond the limits of such area, by such route and
offence within such time as may be specified in the order, and not to return to that area
from which he was directed to
remove himself for such period, not exceeding two years, as may be specified in the order.
(2) The Special Court shall, along with the order under sub-section (1), communicate to the
person directed under that sub-section the grounds on which such order has been made.
(3) The Special Court may revoke or modify the order made under sub-section (1), for the
reasons to be recorded in writing, on the representation made by the person against whom such
order has been made or by any other person on his behalf within thirty days from the date of the
order.
11. (1) If a person to whom a direction has been issued under section 10 to remove
Procedure on
himself from any area—
failure of person to
remove himself (a) fails to remove himself as directed; or
from an area and
enter thereon after (b) having so removed himself enters such area within the period
removal
specified in the order,
otherwise than with the permission in writing of the Special Court under sub-section (2), the
Special Court may cause him to be arrested and removed in police custody to such place outside
such area as the Special Court may specify.
(2) The Special Court may, by order in writing, permit any person in respect of whom an
order under section 10 has been made, to return to the area from which he was directed to
remove himself for such temporary period and subject to such conditions as may be specified in
such order and may require him to execute a bond with or without surety for the due observance
of the conditions imposed.
(3) The Special Court may at any time revoke any such permission.
(4) Any person who, with such permission returns to the area from which he was
directed to remove himself shall observe the conditions imposed, and at the expiry of the
temporary period for which he was permitted to return, or on the revocation of such permission
before the expiry of such temporary period, shall remove himself outside such area and shall not
return thereto within the unexpired portion specified under section 10 without a fresh
permission.
195
(5) If a person fails to observe any of the conditions imposed or to remove himself
accordingly or having so removed himself enters or returns to such area without fresh
permission the Special Court may cause him to be arrested and removed in police custody to
such place outside such area as the Special Court may specify.
12. (1) Every person against whom an order has been made under section 10 shall, if
so required by the Special Court, allow his measurements and
Taking photographs to be taken by a police officer.
measurements (2) If any person referred to in sub-section (1), when required to allow his
and photographs measurements or photographs to be taken, resists or refuses to allow the
etc., of persons
taking of such measurements or photographs, it shall be lawful to use all
against whom
orders u/s 10 is necessary means to secure the taking thereof.
made.
(3) resistance to or refusal to allow the taking of measurements or photographs
under sub-section (2) shall be deemed to be an offence
under section 186 of the Indian Penal Code. 45 of 1860
(4) Where an order under section 10 is revoked, all measurements and photographs
(including negatives) taken under sub-section (2) shall be destroyed or made over to the person
against whom such order is made.
13. Any person contravening a order of the Special Court made under section 10 shall be
Penalty for non-compliance of punishable with imprisonment for a term which may extend to
orders u/s 10. one year and with fine.
CHAPTER –IV
Special Courts
14. 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
Special
Court
Gazette, specify for each district a Court of Session to be a Special Court1 to try
the offences under this Act.
15. 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
Special practice as an advocate for not less than seven years, as a Special Public
Public
Prosecutor2 for the purpose of conducting cases in that Court.
prosecutor
1
Declared by the State Govt vide Notification No. 2974-J dated, Calcutta the 15th Feb, 1990 of Judicial Department.
2
Specified by the State Govt. vide Notification No. 3280-J dated the 16th Feb, 1990 of Judicial Department
196
CHAPTER – V
Miscellaneous
16. The provisions of section 10A of the Protection of Civil Rights Act, 1955 shall, so
Powers of state Govt to
far as may be, apply for the purpose of imposition and realisation of
impose collective fine collective fine and for all other matters connected
therewith under this Act.
22 of 1955
(2) The provisions of Chapters VIII, X and XI of the Code shall, so far as may be, apply
for the purposes of sub-section (1).
(3) The State Government may, by notification in the Official Gazette, make one or more
schemes specifying the manner in which the officers referred to in sub-section (1) shall take
appropriate action specified in such scheme or schemes to prevent atrocities and to restore the
feeling of security amongst the members of the Scheduled Castes and the Scheduled Tribes.
18. Nothing in section 438 of the Code shall apply in relation to any case involving
Section 438 not to apply to persons the arrest of any person on an accusation of having
committing an offence under the Act. committed an offence under this Act.
19. The provisions of section 360 of the Code and the provisions of the Probation of
Section 360 of the Act or the Offenders Act, 1958 shall not apply to any person above the age of
Probation of Offender's Act eighteen years who is found guilty of having committed an offence
not to apply to persons guilty under this Act.
of an offence under that Act
20. Save as otherwise provided in this Act, the provisions of this Act shall have effect
Act to override other notwithstanding anything inconsistent therewith contained in any other
laws law for the time being in force or any custom or
usage or any instrument having effect by virtue of any such law.
21. (1) Subject to such rules as the Central Government may make in this behalf, the
Duty of the Govt
State Government shall take such measures as may be necessary for the effective
to ensure implementation of this Act.
effective
implementation (2) In particular, and without prejudice to the generality of the foregoing
of the Act
provisions, such measures may include, -
197
(i) the provision for adequate facilities, including legal aid, to the persons subjected to
atrocities to enable them to avail themselves of justice;
(ii) the provisions for travelling and maintenance expenses to witnesses, including the
victims of atrocities, during investigation and trial of offences under this Act;
(iii) the provisions for the economic and social rehabilitation of the victims of the
atrocities;
(iv) the appointment of officers for initiating or exercising supervision over prosecutions
for the contravention of the provisions of this Act;
(v) the setting up of committees at such appropriate levels as the State government may
think fit to assist that Government in formulation or implementation of such
measures;
(vi) provisions for a periodic survey of the working of the provisions of this Act with a
view to suggesting measures for the better implementation of the provisions of this
Act;
(vii) the identification of the areas where the members of the Scheduled Castes and the
Scheduled Tribes are likely to be subjected to atrocities and adoption of such
measures so as to ensure safety for such members.
(3) The Central Government shall take such steps as may be necessary to co-ordinate the
measures taken by the State Governments under sub-section (1).
(4) The Central Government shall, every year, place on the table of each House of
Parliament a report on the measures taken by itself and by the State Governments in pursuance
of the provisions of this section.
22. No suit, prosecution or other legal proceedings shall lie against the Central
Government or against the State Government or any officer or authority of
Protection of
action taken in Government or any other person for anything, which is in good faith done or
good faith intended to be done under this Act.
23. (1) The Central Government may, by notification in the Official Gazette, make
Power to make rules for carrying out the purposes of this Act.
rules
(2) Every rule made under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session for a total period of thirty
days which may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the
rule or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
198
(ii) RULES ON PREVENTION OF ATROCITIES
Govt. of India
Ministry of Welfare
New Delhi, the 31st March 1995
NOTIFICATION
G.S.R. 316(E). —In exercise of the powers conferred by sub-section (1) of Section 23 of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989),
the Central Government hereby makes the following rules, namely: --
1. Short title and commencement.—(1) These rules may be called the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995.
(2) They shall come into force on the date of their publication in the Official
Gazette.
2. Definitions. —In these rules, unless the context otherwise requires: --
(a) “Act” means the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (33 of 1989);
(b) “dependent”, with its grammatical variations and cognate expressions,
includes wife, children, whether married or unmarried, dependent parents,
widowed sister, widow and children of pre-deceased son of a victim of atrocity;
(c) “identified area,” means such area where State Government has reason
to believe that atrocity may take place or there is an apprehension of reoccurrence
of an offence under the Act or an area prone to victim of atrocity;
(d) “Non-Government Organisation” means a voluntary organisation
engaged in the welfare activities relating to the Scheduled Castes and the
Scheduled Tribes and registered under the Societies Registration Act, 1866 (21 of
1960) or under any law for the registration of documents or such organisation for
the time being in force;
(e) “Schedule” means the Schedule annexed to these rules;
(f) “Section” means section of the Act;
(g) “State Government”, in relation to a Union Territory, means the
Administrator of that Union Territory appointed by the President under
Article 239 of the Constitution;
(h) Words and expressions used herein and not defined but defined in the
Act shall have the meanings respectively assigned to them in the Act.
199
(ii) order the District Magistrate and Superintendent of Police or any other
officer to visit the identified area and review the law and order situation;
(iii) if deem necessary, in the identified area cancel the arms licences of the
persons, not being member of the Scheduled Castes or Scheduled Tribes,
their near relations, servants or employees and family friends and get such arms
deposited in the Government Armoury;
(iv) seize all illegal fire arms and prohibit any illegal manufacture of fire arms
(v) with a view to ensure the safety of person and property, if deemed
necessary, provide arms licences to the members of the Scheduled Castes
and the Scheduled Tribes;
(vi) Constitute a high power State-level committee, district and divisional
level committees or such number of other committees as deem proper and
necessary for assisting the Government in implementation of the
provisions of the Act;
(vii) set-up a vigilance and monitoring committee to suggest effective
measures to implement the provisions of the Act;
(viii) set-up Awareness Centres and organise Workshops in the identified area
or at some other place to educate the persons belonging to the Scheduled Castes and
the Scheduled Tribes about their rights and the protection available to them under
the provisions of various Central and State enactments or rules, regulations and
schemes framed thereunder;
(ix) encourage Non-Government Organisations for establishing and
maintaining Awareness Centres and organising Workshops and provide them
necessary financial and other sort of assistance;
(x) deploy special police force in the identified area;
(xi) by the end of every quarter, review the law and order situation, function-
ing of different committees, performance of Special Public Prosecutors,
Investigating Officers and other Officers responsible for implementing the
provisions of the Act and the cases registered under the Act.
(1) The State Government on the recommendation of the District Magistrate shall
prepare for each District a panel of such number of eminent senior advocates who
has been in practice for not less than seven years, as it may deem necessary for
conducting cases in the Special Courts. Similarly, in consultation with the
Director Prosecution/ in-charge of the prosecution, a panel of such number of
Public Prosecutors as it may deem necessary for conducting cases in the Special
Courts, shall also be specified. Both these panels shall be notified in the Official
Gazette of the State and shall remain in force for a period of three years.
(2) The District Magistrate and the Director of Prosecution/in-charge of the
prosecution shall review at least twice in a calendar year, in the month of January
and July, the performance of Special Public Prosecutors so specified or appointed
and submit a report to the State Government.
(3) If the State Government is satisfied or has reason to believe that a Special Public
Prosecutor so appointed or specified has not conducted the case to the best of the
ability and with due care and caution, his name may be, for reasons to be
recorded in writing, denotified.
(4) The District Magistrate and the officer-in-charge of the prosecution at the District
level, shall review the position of cases registered under the Act and submit a
monthly report on or before 20th day of each subsequent month to the Director of
200
Prosecution and the State Government. This report shall specify the actions
taken/proposed to be taken in respect of investigation and prosecution of each
case.
(5) Notwithstanding anything contained in sub-rule (1) the District Magistrate or the
Sub-Divisional Magistrate may, if deem necessary or if so desired by the victims
of atrocity engage an eminent Senior Advocate for conducting cases in the
Special Courts on such payment of fee as he may consider appropriate.
(6) Payment of fee to the Special Public Prosecutor shall be fixed by the
State Government on a scale higher than the other panel advocates in the State.
(1) Every information relating to the commission of an offence under the Act, if
given orally to an officer-in-charge of a police station shall be reduced to writing
by him or under his direction, and be read over to the informant, and every such
information, whether given in writing or reduced to writing as aforesaid, shall be
signed by the persons giving it, and the substance thereof shall be entered in a
book to be maintained by that police station.
(2) A copy of the information as so recorded under sub-rule (1) above shall be given
forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in-charge of a police
station to record the information referred to in sub-rule (1) may send the
substance of such information, in writing and by post, to the Superintendent of
Police concerned who after investigation either by himself or by a police officer
not below the rank of Deputy Superintendent of Police, shall make an order in
writing to the officer in-charge of the concerned police station to enter the
substance of that information to be entered in the book to be maintained by that
police station.
6. Spot inspection by officers. —
(1) Whenever the District Magistrate or the Sub-Divisional Magistrate or any other
Executive Magistrate or any police officer not below the rank of Deputy
Superintendent of Police receives an information from any person or upon his
own knowledge that an atrocity has been committed on the members of the
Scheduled Castes or the Scheduled Tribes within his jurisdiction, he shall
immediately himself visit the place of occurrence to assess the extent of atrocity,
loss of life, loss and damage to the property and submit a report forthwith to the
State Government.
(2) The District Magistrate or the Sub-Divisional Magistrate or any other Executive
Magistrate and the Superintendent of Police/Deputy Superintendent of Police
after inspecting the place or area shall on the spot: --
(i) draw a list of victims, their family members and dependents entitled for
relief;
(ii) prepare a detailed report of the extent of atrocity loss and damage to
the property of the victims;
(iii) order for intensive police patrolling in the area;
(iv) take effective and necessary steps to provide protection to the witnesses
and other sympathisers of the victims;
(v) provide immediate relief to the victims;
201
7. INVESTIGATING OFFICER:
(2) The investigating officer so appointed under sub-rule (1) shall complete the
investigation on top priority within thirty days and submit the report to the
Superintendent of Police who in turn will immediately forward the report to the
Director General of Police of the State Government.
(3) The Home Secretary and the Social Welfare Secretary to the State Government,
Director of Prosecution, the officer in-charge of Prosecution and the Director
General of Police shall review by the end of every quarter the position of all
investigations done by the investigating officer.
202
9. NOMINATION OF NODAL OFFICER:
The State Government shall nominate a nodal officer of the level of a Secretary
to the State Government preferably belonging to the Scheduled Castes or the Scheduled
Tribes, for coordinating the functioning of the District Magistrates and Superintendents of Police
or other officers authorised by them investigating officers and other officers responsible for
implementing the provisions of the Act. By the end of the every quarter, the nodal officer shall
review: --
(i) the reports received by the State Government under sub-rule (2) and (4) of rule 4, rule
6,
clause (xi) of rule 8.
(ii) the position of cases registered under the Act;
(iii) law and order situation in the identified area;
(iv) various kinds of measures adopted for providing immediate relief in cash or kind or
both to the victims of atrocity or his or her dependent;
(v) adequacy of immediate facilities like rationing, clothing, shelter, legal aid, travelling
allowance, daily allowance and transport facilities provided to the victim of atrocity or his/her
dependents;
(vi) performance of non-Governmental organizations, the Scheduled Castes and the
Scheduled Tribes Protection Cell, various committees and the public servants responsible for
implementing the provisions of the Act.
In the identified area a Special Officer not below the rank of an Additional District
Magistrate shall be appointed to co-ordinate with the District Magistrate, Superintendent of
Police or other officers responsible for implementing the provisions of the Act, various
committees and the Scheduled Castes and the Scheduled Tribes Protection Cell.
The Special Officer shall be responsible for;
(i) providing immediate relief and other facilities to the victims of atrocity and initiate
necessary measures to prevent or avoid re-occurrence of atrocity;
(ii) setting up an awareness centre and organising workshop in the identified area or at
the district head quarters to educate the persons belonging to the Scheduled Castes and the
Scheduled Tribes about their rights and the protection available to them under the provisions of
various Central and State enactments or rules and schemes etc. framed therein;
(iii) coordinating with the Non-Governmental organisations and providing necessary
facilities and financial and other type of assistance to non-Governmental Organisation for
maintaining centers or organising workshops;
11. TRAVELLING ALLOWANCE, DAILY ALLOWANCE, MAINTENANCE EXPENSES AND
TRANSPORT FACILITIES TO THE VICTIM OF ATROCITY, HIS OR HER DEPENDENT AND
WITNESSES:
(1) Every victim of atrocity or his/her dependent and witnesses shall be paid to and fro
rail fare by second class in express/mail/passenger train or actual bus or taxi fare
from his or her place of residence or place of stay to the place of investigation or
hearing of trial of an offence under the Act.
(2) The District Magistrate or the Sub-Divisional Magistrate or any other Executive
Magistrate shall make necessary arrangements for providing transport facilities or
reimbursement of full payment thereof to the victims of atrocity and witnesses for visiting the
investigating officer, Superintendent of Police/Deputy Superintendent of Police, District
Magistrate or any other Executive Magistrate.
203
(3) Every woman witness, the victim of atrocity or her dependent being a woman or a minor, a
person more than sixty years of age and a person having 40 percent or more disability shall be
entitled to be accompanied by an attendant of her/ his choice. The attendant shall also be paid
travelling and maintenance expenses as applicable to the witness or the victim of atrocity when
called upon during hearing, investigation and trial of an offence under the Act.
(4) The witness, the victims of atrocity or his/her dependent and the attendant shall be
paid daily maintenance expenses, for the days he/she is away from the place of his/her residence
or stay during investigation, hearing and trial of an offence, at such rates but not less than the
minimum wages, as may be fixed by the State Government for the agricultural labourers.
(5) In addition to daily maintenance expenses the witness, the victim of atrocity (or
his/her dependent) and the attendant shall also be paid diet expenses at such rates as may be
fixed by the state Government from time to time.
(6) The payment of travelling allowance, daily allowance, maintenance expenses and
reimbursement of transport facilities shall be made immediately or not later than three days by
the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate to the
victims their dependents/attendant and witnesses for the days they visit the investigating officer
or in-charge police station or hospital authorities or Superintendent of Police/Deputy
Superintendent of Police or District Magistrate or any other officer concerned or the Special
Court.
(7) When an offence has been committed under Section 3 of the Act, the District
Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall reimburse
the payment of medicines, special medical consultation, blood transfusion, replacement of
essential clothing, meals and fruits provided to the victim(s) of atrocity.
(1) The District Magistrate and the Superintendent of Police shall visit the place or area
where the atrocity has been committed to assess the loss of life and damage to the property and
draw a list of victims, their family members and dependents entitled for relief.
(2) Superintendent of Police shall ensure that the First Information Report is registered in
the book of the concerned police station and effective measures for apprehending the accused
are taken.
(3) The Superintendent of Police, after spot inspection, shall immediately appoint an
investigation officer and deploy such police force in the area and take such other preventive
measures as he may deem proper and necessary.
(4) The District Magistrate or the Sub-Divisional Magistrate or any other Executive
Magistrate shall make arrangements for providing immediate relief in cash or in kind or both to
the victims of atrocity, their family members and dependents according to the scale as in the
schedule annexed to these Rules (Annexure-I read with Annexure-II). Such immediate relief
shall also include food, water, clothing, shelter, medical aid, transport facilities and other
essential items necessary for human beings.
204
(6) The relief and rehabilitation facilities mentioned in sub-rule (4) above shall be
provided by the District Magistrate or the Sub-Divisional Magistrate or any other Executive
Magistrate in accordance with the scales provided in the Schedule annexed to these rules.
(7) A report of the relief and rehabilitation facilities provided to the victims shall also be
forwarded to the Special Court by the District Magistrate or the Sub-Divisional Magistrate or the
Executive Magistrate or Superintendent of Police. In case the Special Court is satisfied that the
payment of relief was not made to the victim or his/her dependent in time or the amount of relief
or compensation was not sufficient or only a part of payment of relief or compensation was
made, it may order for making in full or part the payment of relief or any other kind of
assistance.
13. SELECTION OF OFFICERS AND OTHER STAFF MEMBERS FOR COMPLETING THE WORK
RELATING TO ATROCITY:
(1) The State Government shall ensure that the administrative officers and other staff
members to be appointed in an area prone to atrocity shall have the right aptitude and
understanding of the problems of the Scheduled Castes and the Scheduled Tribes.
(2) It shall also be ensured by the State Government that person from the Scheduled
Castes and the Scheduled Tribes are adequately represented in the administration and in
the police force at all levels, particularly at the level of police posts and police station.
(1) The State Government shall prepare a model contingency plan for implementing
the provisions of the Act and notify the same in the Official Gazette of the State
Government. It should specify the role and responsibility of various departments
and their officers at different levels, the role and responsibility of Rural/Urban
Local Bodies and Non-Government Organizations. Inter alia, this plan shall
contain a package of relief measures including the following: -
(e) pension scheme for widows, dependant children of the deceased, handicapped or
old age victims of atrocity;
205
(f) mandatory compensation for the victims;
(g) scheme for strengthening the socio-economic condition of the victim;
(h) provisions for providing brick/stone masonry house to the victims;
(i) such other elements as health care, supply of essential commodities,
electrification, adequate drinking water facility, burial/cremation ground and link
roads to the Scheduled Castes and the Scheduled Tribes habitats.
(2) The State Government shall forward a copy of the contingency plan or a summary
thereof and a copy of the scheme, as soon as may be, to the Central Government in
the Ministry of Welfare and to all the District Magistrates, Sub-Divisional
Magistrates, Inspectors General of Police and Superintendents of Police.
(1) The State Government shall constitute a high power vigilance and monitoring
committee of not more than 25 members consisting of the following:
(i) Chief Minister/Administrator—Chairman;
(In case of a State under President’s Rule, Governor—Chairman)
(ii) Home Minister, Finance Minister and Welfare Minister—Members.
(In case of a State under President’s Rule, Advisors—Members);
(iii) all elected members of Parliament and State Legislative Assembly and
Legislative Council from the State belonging to the Scheduled Castes
and the Scheduled Tribe—Members;
(iv) Chief Secretary, the Home Secretary, the Director General of Police,
Director/Deputy Director, National Commission for the Scheduled
Castes and the Scheduled Tribes—Members;
(v) The Secretary in-charge of the Welfare and Development of the
Scheduled Castes and the Scheduled Tribes—Convener;
(2) The high power vigilance and monitoring committee shall meet at least twice in a
calendar year, in the month of January and July to review the implementation of
the provisions of the Act, relief and rehabilitation facilities provided to the
victims and other matters connected therewith, prosecution of cases under the
Act, role of different officers/agencies responsible for implementing the
provisions of the Act and various reports received by the State Government.
(1) In each district within the State, the District Magistrate shall set up a vigilance and
monitoring committee in his district to review the implementation of the provisions of
the Act, relief and rehabilitation facilities provided to the victims and other matters
connected therewith, prosecution of cases under the Act, role of different
officers/agencies responsible for implementing the provisions of the Act and various
reports received by the District Administration.
(2) The district level vigilance and monitoring committee shall consist of the elected
Members of the Parliament and State Legislative Assembly and Legislative Council,
Superintendent of Police, three group ‘A’ officers/Gazetted officers of the State
Government belonging to the Scheduled Castes and the Scheduled Tribes, not more than
5 non-official members belonging to the Scheduled Castes and the Scheduled Tribes
and not more than 3 members from the categories other than the Scheduled Castes and
the Scheduled Tribes having association with Non-Government Organisations. The
District Magistrate and District Social Welfare Officer shall be Chairman and Member-
Secretary respectively.
206
(3) The district level committee shall meet at least once in three months.
The State Government shall every year, before the 31st March, forward the report to the
Central Government about the measures taken for implementing provisions of the Act and
various schemes/plans framed by it during the previous calendar year.
ANNEXURE I
Schedule
11. Outraging the modesty of a woman Rs. 50,000 to each victim of the
[Section 3(1)(xi)]. offence. 50% of the amount may be paid
after medical examination and remaining
12. Sexual exploitation of a woman 50% at the conclusion of the trial.
[Section 3(1)(xii)].
13. Fouling of water [Section 3(1)(xiii)]. Up to Rs. 1,00,000 or full cost of
restoration of normal facility, including
cleaning when the water is fouled.
Payment may be made at the stage as
deemed fit by District Administration.
15. Making one desert place of residence Restoration of the site/right to stay and
[Section 3(1)(xv)]. compensation of Rs. 25,000 to each
victim and reconstruction of the house at
Govt. cost, if destroyed, to be paid in full
when charge sheet is sent to the lower
court.
16. Giving false evidence [Section 3(2)(i) At least Rs. 1,00,000 or full
and (ii)]. compensation of the loss or harm
sustained. 50% to be paid when charge
sheet is sent to court and 50% on
conviction by the lower court.
17. Committing offences under the Indian At least Rs. 50,000 depending upon
Penal Code punishable with the nature and gravity of the offence to
imprisonment for a term of 10 years each victim and or his dependents. The
or more [Section 3(2)]. amount would vary if specifically
otherwise provided in the Schedule.
18. Victimization at the hands of a public Full compensation on account of
servant [Section 3(2)(vii)]. damages or loss or harm sustained. 50%
to be paid when charge sheet is sent to the
Court and 50% on conviction by lower
court.
208
19. Disability. The definitions of physical
& mental disabilities are contained in
the Ministry of Welfare, G.O.I.
notification No. 4-2/83—HW.III
dated 06.08.1986 as amended from
time to time. A copy of the
notification is at Annexure – II.
(a) 100% incapacitation. At least Rs.1, 00,000 to each victim of
(j) Non-earning Member of a offence. 50% on FIR and 25% at charge
family. sheet and 25% on conviction by the lower
court.
At least Rs. 2,00,000 to each victim of
(ii) Earning Member of a offence, 50% to be paid on FIR/Medical
family. examination stage, 25% when charge
sheet sent to court and 25% at conviction
in lower court.
The rates as laid down in a(i) and (ii)
(b) Where incapacitation is less than above shall be reduced in the same
100%. proportion, the stages of payments also
being the same. However, not less than
Rs. 15,000 to non-earning member and
not less than Rs. 30,000 to an earning
member of a family.
20. Murder/Death
(a) Non-earning Member of a At least Rs. 1,00,000 to each case.
family. Payment of 75% after postmortem and
25% on conviction by the lower court.
(b) Earning Member of a family. At least Rs. 2,00,000 to each case.
Payment of 75% after postmortem and
25% on conviction by the lower court.
21. Victim of murder, death, massacre, In addition to relief amounts paid
rape, mass rape and gang rape, under above items, relief may be arranged
permanent incapacitation and dacoity. within three months of date of atrocity as
follows: -
(i) Pension to each widow and/or
other dependents of deceased SC and
ST @ Rs. 1,000/- per month, or
Employment to one member of the
family of the deceased, or provision
of agricultural land, and house, if
necessary by outright purchase.
(ii) Full cost of the education and
maintenance of the children of the
victims. Children may be admitted to
Ashram Schools/residential schools.
(iii) Provision of utensils, rice, wheat,
dals, pulses, etc. for a period of three
months.
22. Complete destruction/burnt houses. Brick/stone masonry house to be
constructed or provided at Government
cost where it has been burnt or destroyed.
209
ANNEXURE-II
No.4-2/83-HW.III
GOVERNMENT OF WEST BENGAL
MINISTRY OF WELFARE
New Delhi, the 6th August 1986.
2. After having considered the reports of these committees and with the concurrence of the
State Governments/Uts and the concerned Ministries /Departments in undersigned is directed to
convey the approval of the President of notify the definitions of the following categories of
physically handicapped :-
1. Visually handicaps.
2. Locomotor handicaps.
3. Speech and hearing handicaps.
4. Mental handicaps.
3. Each category of handicapped persons has been divided into four groups viz. mild,
moderates, severe and profound/total. It has been decided that various concessions/benefits
would in future be available only to the moderate, severe and profound/total groups; and not to
the mild groups. The minimum degree of disability should be 40 per cent in order to be eligible
for any concession / benefits.
4. It has been decided that the authorized certifying authority will be a medical board at the
district level. The board will consist of the Chief Medical Officer/Sub-Dividional Medical
Officer in the District and another expert in the specified filed viz. ophthalmic surgeion in case
of visual handicaps, either an ENT Surgeon or an audiologist in case of speech and hearing
handicaps; an orthopaedic surgeon or a specialist in physical medicine and rehabilitation in case
of locomotor handicaps, a psychiatrist or a clinical psychologist or a teacher in special education
in case of mental handicaps.
5. Specified tests an indicated in Annexure should be conducted by the medical board and
recorded before a certificate is given.
M.C. Narsimhan
Jt. Secy. to the Govt. of India.
210
ORDER
Ordered that the above notification be published in the Gazette of India for general
information. Copies of the Gazette notification may be sent to all Ministries/Deptt. of the Central
Govt. all State Govts. /UT Admn. President Sectt. P.M.’s Office, Lok Sabha, Rajya Sabha Sectt.
for information and necessary action.
M. C. NARSIMHAN,
Jt. Secy. to the Govt. of India.
Introduction
India is a vast country with variable social, cultural, geographical and economic
background. Despite breakthrough in health services, a number of disabilities continue to appear
due to polio communicable and congenital diseases, increased industrialisation and
mechanisation vehicular traffic leading to locomotor disabilities; vitamin-A deficiency, cataract
and infectious injuries, nutritional deficiency leading to visual loss; ear infection, external
injuries, noise pollution contributing to hearing loss. These are the three major disabilities which
manifest themselves as a result of one or more of such factors.
The exercise of evolving a uniform set of definition should not be however construed to
mean that no definitions have been set forth at present. Definitions of these three major
disabilities, which are prevalent at present for extending various concessions and facilities to
handicapped are given in Annexure II.
Recommended Definitions
212
Guidelines for evaluation & categorization of visual disabilities are given in Appendix III.
The Committee recommended that the definitions, which are internationally accepted and
have been adopted by W.H.O., may be adopted in this country also for evaluation and
categorisation of hearing & speech loss.
The recommended classification and guidelines for evaluation of hearing loss are given
in Appendix II. The Committee also considered various facilities/concessions, which may be
given to hearing handicapped persons, and suggestions of the facilities, which may be offered, to
the hearing handicapped for rehabilitation are also given in Appendix II.
The Committee recommends that Kessler’s method may be taken as a general guideline
for evaluating orthopaedic disability. Since issues have been raised regarding the quantification
of degree of disability the authorised Medical Board may also consult any other suitable method
and use Kessler’s method as a basic guideline.
The Committee is aware that there are other methods of quantification, which are at
variance with the Kessler’s guidelines. However, Kessler’s guidelines for evaluation of various
degrees of disability. It is expected, would hold good for most of the time. The individual
Medical Board could take into consideration other methods, which may help the board in
evaluating disability in an individual case.
The Authorities to give Certification.
It is also recommended that the competent authority may also appoint an appellate
medical board to resolve any dispute.
Keeping in view the set of definitions and the categorisation being recommended,
various Ministries/Departments and the State Governments shall have to also specify the
facilities and concessions, which would be available to different categories of the handicapped.
The Committee recommends that if a person has the degree of disability below 40 per cent in a
particular category, no such benefits/concessions may be given to such a person. All other
categories may be extended concessions/facilities like scholarships, job reservation, aids and
appliances either free of cost or at concessional rates, conveyance allowance etc. For hearing
handicapped, the Committee recommends that 3-language formula may be revised so that the
hearing handicapped have to study one language only.
Ministry of Social & Women’s Welfare may make out proposals based on these
recommendations with the appropriate Ministry for necessary modifications in the policy of 3
language formula.
213
The Committee also recommended that Ministry of Health and Family Welfare may also
take up amending medical standards for necessary relaxations in respect of mild handicapped in
all the categories so that on account of their mild disability, they are not put in a position that
neither they are able to get the facility of job reservations nor are eligible otherwise for entering
into services in the general category. The medical rules may also indicate in clear terms that loss
of one eye will not be considered a disqualification unless the particular post is of such a
technical nature that it requires of a person the use of both the eyes or three-dimensional vision.
The same medical board at the district level may examine suitability or otherwise of a one eyed
person for a particular post.
The degree and extent of disability of the 3 types, namely visual, hearing and orthopaedic
will be indicated as follows: -
Only those persons who have disability more than 40 per cent and above shall be eligible
for registration in Employment Exchanges in the category of handicapped and considered
against jobs in public sector reserved for the physically handicapped.
214
Annexure-I
On visually Handicapped
4. Director, Member
National Institute for the Visually Handicapped,
Rajpur Road, Dehradun,
(Represented by Shri S.R. Shuhla, Asstt. Director).
215
On Hearing Handicapped
On Orthopaedically Handicapped
216
3. Dr. Narendra Kumar, Member
Indian Council of Medical Research,
Ansari Nagar, New Delhi.
4. Director, Member
National Institute of Orthopaedically Handicapped,
B.T.Road, Bon Hooghly,
Calcutta.
Annexure II
The definition adopted for visual handicapped for extending the concession,
Scholarships, admission to Integrated education system, reservation in jobs, assistance for
purchase/fitting of aids and appliances: -
The blind are those who suffer from either of the following conditions. —
217
Definition of Hearing Handicapped under various Schemes
SCHOLARSHIPS
The deaf are those in whom the sense of hearing is non-functional for ordinary purposes
of life. They do not hear/understand sound at all even with amplified speech. The cases included
in this category will be those having hearing loss more than 70 decibels in the better ear
(profound impairment) or total loss of hearing in both ears.
The partially hearing are those falling under any one of the categories indicated below: --
The deaf are those in whom the sense of hearing is non-functional for ordinary purposes
of life. They do not hear/understand sounds at all events with amplified speech. The cases
included in this category will be those having loss more than 90 decibels in the better ear
(profound impairment) or total loss of hearing in both ears.
Locomotor Handicapped
Similarly the definition adopted for orthopaedically handicapped is not uniform as all
orthopaedically handicapped are eligible for getting a sholarship but only those orthopaedically
handicapped persons can get the facility of reservation in jobs as have a minimum of 40%
disability.
Various State Governments have also adopted different sets of definition. For example,
Govt. of Tamil Nadu declared one-eyed persons in the same category as blind persons and have
extended various concessions including the reservation in jobs under the State Government to
one-eyed person also. The Central Government on the other hand has declared that a one-eyed
person with one eye good vision is not medically unfit and can be considered for jobs which do
not require a three dimensional vision to the specific requirement of the jobs.
218
Annexure-III
Visual Impairment disability Categories based on its severity and proposed disability percentages.
The method of evaluation shall be the same as recommended in Hand Book of Medical
examination. Impairment of 20%- 40% or less may only be entitled to aids and appliances.
Annexure-IV
A. Recommendations about the Categories and the Tests Required
1. Recommended classification
(Pure tone average of hearing in 500, 1000 and 2000 Hz by air conduction should be
taken as basis for consideration as per the test recommendations).
219
Further it should be noted that –
(a) When there is only an Island of hearing present in one or two frequencies in better
ear, it should be considered as total loss of hearing.
(b) Wherever there is no response (NR) at any of the 3 frequencies (500,1000,2000 Hz),
it should be considered as equivalent to 130 dB loss for the purposes of classification
of disability and in arriving at the average. This is based on the fact that maximum
intensity limits in most of the Audiometers is 110 dB’s and some audiometers has
additional facilities for +20 dB for testing.
We have considered the different type of hearing affection i.e. conductive VS Sensory
neural, and agree that the disability will be judged by the conditions prevalent in the patient at
the time of referral and examination. In case of failure of surgery or other therapeutic
interventions, the patient will be considered and categorized on the basis of the recommended
tests.
220
ANNEXURE – V
i. Locomotor Disability
2. The estimation and measurement must be made when the clinical condition is
fixed and unchangeable.
3. The upper extremity is divided into two component parts, the arm component and
the hand component.
ARM COMPONENT
Example:
A fracture of the right shoulder joint may affect range of motion so that active abduction
is 90%. The left shoulder exhibits a range of active abduction of 180%. Hence there is loss of
50% of abduction movement of the right shoulder. The percentage loss of arm component in the
shoulder is 50 × 0.30 or 15 per cent loss of motion for the arm component.
If more than one joint is involved, same method is applied and the losses in each of the
affected joints are added. Say,
221
Principles of Evaluation of Strength of muscles
0. – 100%
1. – 80%
2. – 60%
3. – 40%
4. – 20%
5. – 0%
1. The value of loss of function of arm component is obtained by combining the value
of range of movement, muscle strength & coordinated activities, using the combining
formula –
a=b(90-a)÷90
where, a = higher value
& b = lower value
Example:
Let us assume that an individual with a fracture of the right shoulder joint has in addition
to 16.5% of motion his arm, 8.3% loss of strength of muscles, and 5% loss of coordination. We
combine these values as:
Range of motion: 16.5%
|Strength of Muscles: 8.3% |
Hand Component
222
Principles of Evaluation of Prehension.
(B) Lateral Pinch (5). Tested by asking the patient to hold a key.
(C) Cylindrical Grasp (6%). Tested for (a) Large object of 4 inch size (3%)
(b) Small object of 1-inch size (3%).
(D) Spherical Grasp (6%). Tested for (a) Large object 4 inch size (3%)
(b) Small object 1-inch size (3%).
(E) Hook Grasp (5%). Tested by asking the patient to lift a bag.
1. Infection
2. Deformity
3. Malalignment
4. Contractures
5. Abnormal Mobility
6. Dominant Extremity (4%)
223
Combining value of the hand component
The final value of loss of function of hand component is obtained by summing up values
of loss of prehension, sensation and strength.
Example:
The lower extremity is divided into two component Mobility Component and Stability
component.
Mobility Component
Total value of mobility component is 90 per cent. It includes range of movement and
muscle strength.
1. The value of maximum range of movement in the mobility component is 90 per cent.
2. Each of the three joints i.e. hip knee, foot-ankle component, is weighed equally—
0.30.
A fracture of the right hip joint may affect range of motion so that active abduction is 27
degree. The left hip exhibits a range of active abduction of 54 degree. Hence, there is loss of 50
per cent of abduction movement of the right hip. The percentage loss of mobility component in
the hip is 50 × 0.30 or 15 per cent loss of motion for the mobility component.
If more than one joint is involved, same method is applied and the losses in each of the
affected joints are added.
For Example: -
Loss of abduction of the hip = 60%
Loss of extension of the
Knee = 40%
Loss of range of motion
For mobility component (60 × 0.30) + (40 × 0.30) = 30%
224
Principles of Evaluation of Muscle Strength
1. The value for maximum muscle strength in the leg is 90 per cent.
2. Strength of muscles can be tested by manual testing like 0-5 grading.
3. Manual muscle gradings can be given percentages like
Grade 0 = 100%
Grade 1 = 80%
Grade 2 = 60%
Grade 3 = 40%
Grade 4 = 20%
Grade 5 = 0%
Let us assume that the individual with a fracture of the right hip joint has in addition to
16 per cent loss of motion, 8 per cent loss of strength of muscles.
Combining Values
Motion 16%
Strength 8% 16 + [{8(90-16)÷90}]=22.6%
where a = higher value
b = lower value
Stability Component
Three different readings (in kilograms) are taken measuring the total body weight (W).
Scale ‘A’ reading and scale ‘B’ read.
The local effects of lesions of spine can be divided into traumatic and non-traumatic
lesions.
225
TRAUMATIC LESIONS
226
Low Lumber
1. Fracture
D. Same as (B), nerve root involvement to lower extremities, determine additional rating
for loss of industrial function to extremities.
E. Same as (C), with fragmentation of posterior elements, with persistent pain after
fusion, no neurologic findings. 35
F. Same as (C), with nerve root involvement to lower extremities, rate with
functional loss to extremities.
G. Total paraplegia. 100
A. Periodic acute episodes with acute pain and persistent body list, test, tests for
sciatic pain positive, temporary recovery 5 to 8 weeks. 5
B. Surgical excision of disc, no fusion, good results, no persistent sciatic Pain10
Non-Traumatic Lesions
Scoliosis
The whole Spine has been given rating of 100 per cent and regionwise the following
percentages are given:
227
Kobb’s method for measurement of angle of curve in standing position is to be used. The curves
have been divided into three sub groups.
The same total rating (100 per cent) as that suggested for scoliosis is to be given for
kyphosis. Region-wise percentages of physical impairment are:
Dorsal 50 per cent
Cervical Spine 30 per cent
Lumbar Spine 20 per cent
For kyphosis of lumbar and cervical spine 5 per cent and 7 per cent respectively have
been allocated.
Paralysis of Flexors and Extensors of Dorsal and Lumbar Spine.
Flexors 0 5% 10%
Extensors 0 5% 10%
Rotators 0 5% 10%
Side bending 0 5% 10%
228
Miscellaneous
Those conditions of the spine which cause stiffness and pain etc., are rated as follows:
%
Physical
Impairment
A. Subjective symptoms of pain. No involuntary muscle
spasm. Not substantiated by demonstrable structural
pathology. 0%
B. Pain, Persistent muscle spasm and stiffness of spine,
substantiated by demonstrable mild radiological charges. 10%
C. Same as B, with moderate radiological changes. 15%
D. Same as B, with severe radiological changes involving and
one of the region of spine (cervical, dorsal or lumbar). 20%
E. Same as D, involving whole spine. 30%
Basic Guidelines
Percent Permanent
Physical Impairment and
229
8. Wrist disarticulation 60 per cent
9. Hand through carpal bones 55 per cent
10. Thumb through C.M. or through 1st M.C. Joint 30 percent
11. Thumb disarticulation through metacarpophalangeal
Joint or through proximal phalanx 25 per cent
12. Thumb disarticulation through inter phalangeal
Joint or through distal phalanx 15 per cent
230
Guidelines for Assessment of Physical Impairment in Neurological Conditions
a + b (100—a)
100
7. Additional rating of 4 per cent will be given for dominant upper extremity.
8. Additional 10 per cent has been given for sensation in each extremity, but the
maximum total physical impairment will not exceed 100 per cent.
Disability Rate
Anesthesia
Rypoaesthesia Each Limb 10 per cent
Paraesthesia
FOR INVOLVEMENT
231
Guidelines for Assessment of Physical Impairment in Neurological Conditions
a + b (100—a)
100
7. Additional rating of 4 per cent will be given for dominant upper extremity.
8. Additional 10 per cent has given for sensation in each extremity, but the maximum
total physical impairment will not exceed 100 per cent.
Speech disability
Disability Rate
Tested by a 100-word text. Ability to read (in educated), comprehend when read out,
answer question on text clearly and ability to write a synopsis (in educated).
Basic Guidelines
2. The physician should be alert to the fact that patients who come for disability claims
are likely to exaggerate their symptoms. In case of any doubt patients should be referred for
detailed physiological evaluation.
232
The proposed modified classification is as follows: -
Annexure-V
Mental Disorders
A publication by W.H.O.
233