Enforce POA Act properly to prevent Dalit atrocity

With rising incidents of violence against the marginalised sections in the changing socio-economic and political scenario of the country, there is a need to revisit the established mechanisms of prevention of  atrocities against SCs and STs. The enforcement of protective laws in the context of SCs and STs (POA) Act depends on the role of the Parliament, the Ministry of Social Justice and Empowerment, the Ministry of Home Affairs, the National Commission for Scheduled Castes (NCSC), the National Commission for Scheduled Tribes (NCST), the State Assembly, several nodal departments like the ST and SC Development Department, the Home Department, etc., apart from the judiciary to ensure justice.

Enforcement of the POA Act depends on these institutions which are part of the execution with regular monitoring and accountability. The role and responsibility of each institution have been clearly spelt out. But unfortunately, it is being observed that the nodal departments in the State are found largely dysfunctional without accountability. The nodal departments have to steer the process to make it happen. As per provision the report of implementation process has to be reviewed in the Parliament and State Assemblies with national and State reports. But the reports are not being tabled and discussed with the seriousness, especially by the members of the marginalised section who are representing the reserved constituencies in Parliament and State Assemblies. The commissions with constitutional power delay in making their report public to inform the people of the country about the implementation of the important legislation.

The statutory monitoring bodies such as NCSC and NCST primarily exit for the protection and development of SCs and STs. But they have proved them ineffective in many cases. These institutions are running without adequate staff and even members for timely intervention.  The function of these bodies needs serious review at appropriate level to make them more functional.

At the State level, there are a host of committees and institutions such as State Level Vigilance and Monitoring Committee, State Scheduled Caste Advisory Board, State Tribal Advisory Council headed by the Chief Minister and at district level, the District Vigilance and Monitoring Committees to take stock of atrocity cases and review them, but there is no regular meeting of the powerful committees violating provisions of the law.

The role of the State Government is quite important for the effective implementation of the Protection of Civil Rights Act and SCs and STs (PoA) Act to prevent age old untouchability practices, social discrimination and atrocities against SCs and STs. The State legislative, executive and judiciary have very specific role to perform in ensuring justice to the marginalised under the provisions of criminal justice administration. The State Vigilance and Monitoring Committee headed by the Chief Minister has to meet twice in a year to review the implementation of the law and the annual reports relating to atrocities. The NCSC says in media that for so many years there has been no periodic meeting by the Chief Minister.

The State Vigilance and Monitoring Committee is a high power body consists of 25 people that include the ministers of Home, Finance, and STs and SCs Development departments along with MPs, MLAs of SCs and STs, and top officials like the Chief Secretary, Home Secretary and Secretary STs and SCs Development Department, DG Police, Director NCSC and NCST as its members.

The District Vigilance and Monitoring Committee headed by the district Collector consists of MP and MLAs, officials of SCs and STs, along with NGOs of the districts. But the committee does not hold regular meeting for quality review of the cases. It is reported that there are thousands of cases pending for trial in different designated special courts. The victims are not availing timely relief, compensation and legal aid which are recognised as their legal rights under the provision of the law.

Very often it is found from victims that in many cases some of the Public Prosecutors (PP) and APP appointed by the Government are mostly engaged in pursuing the victims to compromise the case at the cost of justice. The victims find it difficult to change their lawyers. The influence of local ruling party leaders and vested interest affects the justice delivery system.

The police personnel in local police stations are not so well informed about the laws and procedures and are largely insensitive to atrocity cases with bias of dominant caste mindset and prejudices against the poor SCs and STs. The conduct of police officials need to be changed with required orientation and training towards people in general and particularly while dealing with the victims of marginalised sections in rural areas.

Experience shows in most of the cases the local police always persuades the victims or at times threaten them for forging a compromise with pressure on aggrieved parties whereas as per the provision of the law the police should stand by the poor, illiterate, marginalised and aggrieved victims and help them to access and ensure justice. It is found that in a number of cases, the police officials refuse to record the complaint and usually delay the investigation and submission of charge sheet which further delays the justice delivery process. There has been no training and adequate recruitment of  investigating officers to follow the provisions of the law. It is also said in the POA Act that the State Government has to ensure adequate representation of officials from among SC and ST communities in police stations and the Government administration but this aspect has been neglected for a long time. The reservation provision in filling the vacancies is not followed.

The State Government has designated all Additional District and Sessions Judge Courts as special courts and recently set up three exclusive special courts but the conviction rate is most discouraging.

There is deficiency of adequate well experienced senior advocates as public prosecutors to help the victims to access justice. The trial of cases is delayed for years and doubtful role of some of lawyers in dealing the case from victim side affects the trial process.

Sometimes, it is difficult for the poor victims to attend the court with witness due to financial problem and threat by the dominant perpetrators.