JOINT STAKEHOLDERS REPORT ON - Universal Periodic Review

Annexure - IV
Status of Implementation of Scheduled Caste & Scheduled Tribes (Prevention of
Atrocities) Act 1989 & Rules 1995
Article 21, Article 17 and Article 46 of the Constitution of India prohibits inequality,
Untouchability and all forms of exploitation and social injustice. Since the existing Indian
Penal Code 1869 and Protection of Civil Rights Act 1955 were found inadequate in
addressing atrocities , SCs & STs (PoA) Act 1989 and Rules 1995 came into force. Other
than defining the term ‗atrocity‘ for the first time , this act featured enhanced punishment for
the offences and addresses various crimes affecting social disabilities, property, malicious
prosecution, political rights and economic exploitation.. The legislation also defines various
mechanisms to enforce the act in its later spirit which includes mechanisms for prevention,
Special Courts, Special Public Prosecutors, investigation by Dy.S.P, State and District Level
Vigilance and monitoring committees, Special Officers, Nodal Officers etc. Even after the
enactment of the Act, there has been an increase in the disturbing trend of commission of
certain atrocities and the implementation of the Act and Rules remains weak.
1. Extent of atrocities and inappropriate registration: Given the large extent of underreporting,
total 5,52,351 atrocities committed against SCs and 86374 atrocities committed
against STs during 1995 -2010.
Annual average of crimes registered = 39,920 crimes
Daily average of crimes registered against SCs/STs = 109 crimes
Out of these 67.16% of atrocities against SCs and 79.83 % of atrocities against STs
during 1995 to 2010 were not registered under the Prevention of Atrocities Act. Also
NCSCST (National Commission for Scheduled Caste & Scheduled Tribes) observed that,
56.3% of cases registered under this act are not registered under appropriate sections,
thereby diluting these cases causing more and more acquittal and withdrawal.
2. Closure of Cases: A Large number of cases have been closed by the police after shoddy
investigation done by inappropriate officials showing various reasons. As per NCRB,
Police closed about 21% of cases under the SC/ST (PoA) Act till 2009. There are 44,864
cases pending charge sheeting in 13 years even after the investigation. 2009 NCRB data
shows that, out of the registered atrocities, only 74% were investigated out of which only
49% charge-sheeted.
3. Pendency in Courts and conviction: The average rate of pendency in court is 82.9%. At
the end of 2009, 80.5% remained pending for trial across the country. There is no
significant improvement over the trial pendency rate (82.5%) in 2001. In 2009, out of
106,515 cases pending trial in courts, 85,637 cases remained pending trial and only
20,075 cases were trial completed out of which only 5,933 cases were convicted and
remaining 14,142 cases were acquitted, therefore, only less than 20% cases trial
completed and out of which only 29.5% cases are convicted. Conviction rate under the
Act in 2009 was the fourth lowest (29.32%) when looking at over 20 Special Legislations
of the country.
4. Non Implementation of the Mandatory Provisions :
a. Identification of Atrocity Prone area - Only 13 of the 35 States/UTs have identified
atrocity prone districts. Moreover, out of these 6 states have identified over 50% of
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