Monday, 15 October 2012

Relief amount doubles up after amendment to SC/ST (Prevention of Atrocities) Rules 2011


The Central Government has formulated rules to amend the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. The new rules become effective since publication in the Official Gazette on December 23, 2011, which shall henceforth be called the Scheduled Castes and Scheduled Tribes [Prevention of Atrocities (Amendment)] Rules 2011.
After the enactment of SC/ST (Prevention of Atrocities) Act, 1989 the SC/ST (Prevention of Atrocities) Rules were framed on March 31, 1995. The Ministry of Social Justice and Empowerment, in a notification, has stated that in exercise of the powers conferred by sub-section (1) of Section 23 of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 (33 of 1989), the Central Government makes the following rules to amend the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules,1995. The rules, the notification says, shall be called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities (Amendment) Rules 2011. The SC/ST (POA) Rules, 1995 will be referred to as principal rules.

Among the amendments made, the relief amount in the case of atrocities against SC/ST has been increased. The relief amount has been increased in the case of murder of an earning member from Rs.2 lakh to Rs.5 lakh; for murder of a non-earning member from Rs.1 lakh to Rs.2.5 lakh; for sexual exploitation/outraging the modesty of an SC/ST woman from Rs.50, 000 to Rs.1, 20,000.
For listed offences under Section 3(1) (i) to Section 3 (1) (x), the relief amount has been enhanced to Rs.60, 000 from Rs.25,000 and for offences relating to right to franchise from Rs.25, 000 to Rs.50, 000. For the offence of fouling of water, denial of customary right of passage and giving false evidence the compensation has been increased from Rs.1,20,000 to Rs.2,50,000. The amendment also says that words “Director/Deputy Director, National Commission for the Scheduled Castes and the Scheduled Tribes” shall be substituted with “Representatives of the National Commission for the Scheduled Castes and the Scheduled Tribes.”
Welcoming this move by the Central Government, the Madurai based non governmental organisation Evidence said that the State Government should immediately implement the notified changes in the Rules.

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