Comparison of National Coalition Proposal and NAC Recommendations on SCs & STs (PoA) Act Amendments

Section
3 (i)

Original Text in the Act

Punishment for offences of atrocities Scheduled Tribe forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance; acts with intent to cause injury, insult or annoyance to any member of a Scheduled Caste, or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood;

Coalition Proposal
No change

NAC Recommendation
Deleted the word "Forces".

(1) Whoever, not being a member of a Scheduled Caste or a

(ii)

(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;

Removed with intent i. Removed words with intent to cause injury, insult or annoyance to cause injury, insult or annoyance ii. Divided original section into two sub section a. dumping excreta etc in premises without word intent as 3(1)(ii) b. intent retained in case of dumps excreta in neighborhood as 3(1)(ii)(a) Proposed to delete Deleted the word forcibly and forcibly included following new offenses i. garlands with footwear ii. parades naked or semi naked The following new offenses also included as new subsection with the word forcibly 3(1)(iii)(a) i. Tonsuring of head, ii. Removing moustaches Retained the word wrongfully but defined the word wrongfully in an explanation as follows which includes fabrication of records: Explanation: wrongfully includes but not limited to i. Against the persons will; or, ii. Without the persons consent; or, iii. With the persons consent, where such consent has been obtained by putting the person, or any other person in whom the person is interested, in fear of death or of hurt; or, iv. Fabricating records of such land Retained the word wrongfully but defined the word wrongfully in an explanation as defined in Section 3(1)(iv)

(iv)

wrongfully occupies or cultivates Proposed to delete any land owned or by, or allotted wrongfully and include to, or notified by any competent i. occupies or cultivates authority to be allotted to, a any government-owned member of a Scheduled Caste or a cultivable land or Scheduled Tribe or gets the land bhoodan land without allotted to him transferred; being eligible there for under the rules; ii. gives or fabricates false evidence with regard to any such land

(v)

wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any

Proposed to delete wrongfully and include i. prevents him from taking possession of, using, or enjoying his

land, premises or water;

(vi)

compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do begar or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government;

(vii)

forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law;

land, or the produce Included interferes with enjoyment there from; of irrigation facilities or takes away ii. takes away the produce the produce as an offense there from without the consent , in writing of such member, iii. or gives or fabricates false evidence with regard to any such land, premises or water; Proposed to add the Deleted the words compels and following entices from the original section a. employment of child and added the following new offence or compels or forces as 3(1)(vi) (a)(b)(c) or permits such child i. dispose or carry human or animal to be employed in any carcasses, or to dig graves occupation prohibited ii. Dedicating as Devdas under Child Labour iii. Employs or permits the (Prohibition and employment of Manual Regulation) Act Scavenging 1986; b. employs or permits the employment as a manual scavenger or as sewage or drainage workers; c. dedicating a Scheduled Caste or a Scheduled Tribe woman as devadasi or any other similar system d. Discriminates and/ or refuses to pay stipulated or notified wages; Proposed the following Included all offences proposed by offences Coalition i. not to vote or to vote Obstruct from performing their to a particular candidate normal duties and functions as or to vote in a manner separate sub-section 3(1)(vii)(a) other than that provided by law. ii. prevent from filing nomination as a candidate iii. prevent from proposing or seconding the nomination iv. obstructs a member or a chairperson or a holder of any other office of a panchayat under Part IX of the

(viii)

(ix)

(x)

Constitution or a municipality under Part IX A of the Constitution in the normal functioning or exercise of his power. institutes false, malicious or Proposed to include the vexatious suit or criminal or other followinglegal proceedings against a i. complaint to the police, member of a Scheduled Caste or a against a member of a Scheduled Tribe. Scheduled Caste or a Scheduled Tribe or against the victim of an atrocity, ii. against his relatives, shortly before or after the offence of atrocity, iii. against witnesses or his relatives, shortly before or after the offence of atrocity to prevent them from deposing evidence or to force them to depose false evidence in any case of atrocity under this Act; gives any false or frivolous No change 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; intentionally insults or intimidates Proposed to delete the with intent to humiliate a member words intentionally , of a Scheduled Caste or a intent Scheduled Tribe in any place within public view;

Included the word Counter Cases

Retained the original section

Retained the original section as it is and added the following new offences as new sub sections 3(1)(x)(a)(b)(c) without the words intentionally, intent

(xi)

assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty;

i. Abuse by caste name ii. destroys, damages or defiles any object generally known to be held sacred iii. by words either written or spoken or by signs or by visible representation or otherwise promotes or attempts to promote feelings of enmity, hatred or ill will. Include removes any part MAY BE FURTHER REof her clothes DRAFTED IN KEEPING WITH AMENDMENTS TO CRIMINAL LAW RELATING TO RAPE AND SEXUAL ASSAULT

(xii)

being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed;

(xiii)

corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or a Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used;

CURRENTLY UNDER CONSIDERATION OF MHA, GOI a. assaults or uses criminal force to a woman belonging to a Scheduled Caste or Scheduled Tribe or abets such act with the intention of disrobing or compelling her to be naked in any public place b. intentional touching of a woman belonging to a Scheduled Caste or Scheduled tribe, knowing that she belongs to SC or ST, when such act of touching is of a sexual nature and is without the recipients consent; c. using words, acts or gestures of a sexual nature towards a woman belonging to the Scheduled Caste and Scheduled Tribe, knowing that she belongs to SC or ST. Explanation 1: Consent means an unequivocal voluntary agreement when the person by words, gestures, or any form of non-verbal communication, communicates willingness to participate in the specific act Proviso 1: Provided that a woman belonging to SC or ST who does not offer physical resistance to any act of a sexual nature is not by reason only of that fact, to be regarded as consenting to the sexual activity. Proviso 2: Provided that a womans sexual history, including with the offender will not imply consent or mitigate the offence. Proposed illustrations for TO BE RE-DRAFTED OR dominance, influence and DELETED IN KEEPING WITH control. AMENDMENTS TO CRIMINAL LAW RELATING TO RAPE AND SEXUAL ASSAULT CURRENTLY UNDER CONSIDERATION OF MHA, GOI Deleted the words so as Retained original section to render it less fit for the purpose for which it is ordinarily used

(xvi)

New section

(xvii)

New Section

(xviii)

New Section

Added the following new offencesi. using common property resources ii. using burial or crimination grounds iii. using any river, stream, spring, ii. using burial or well, tank, cistern, water-tap or crimination grounds other watering place, or any bathing ghat, any public iii. obstructs to collect non conveyance, any road, or timber forest produce. passage. iv. mounting or riding bicycles or motor cycles or v. wearing footwear or new clothes in public places vi. taking out wedding procession vii. mounting a horse or any other vehicle during wedding processions viii. entering any place of worship which is open to the public or other persons professing the same religion ix. taking part in, or taking out, any religious, social or cultural procession including jatras; x. entering any shop, public restaurant, hotel or place of public entertainment; xi. using any utensils or articles meant for public use in any place open to the public xii. practicing any profession or the carrying on of any occupation, trade or business or employment in any job; commits murder of Included as an offence member of a Scheduled Caste or a Scheduled Tribe, including on the allegation of practicing witchcraft Proposed imposition of Included as an offence and defined as social or economic follows: boycott or blackmail Note: Social and economic boycott may be defined in the definition section of the amended Act. A proposed definition is as follows: Social boycott means a refusal to permit another person to render to such other person or receive from him or her any customary service; or to abstain from the social relations that one would ordinarily maintain with such other person or to isolate him/her from others.

Proposed the following offences i. using common property resources

3(2)(i)

3(2)(ii)

3(2)(iii)

shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is capital by the law for the time being in force shall be punished with imprisonment for life and with fine; and if an innocent member of a Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of such false or fabricated evidence, the person who gives or fabricates such false evidence, shall be punished with death; gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is not capital but punishable with imprisonment for a term of seven years or upwards, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years or upwards and with fine; commits mischief by fire or any explosive substance intending to

Economic Boycott means a refusal to deal with, work for hire for, or do business with such other person; or to deny opportunities to such other person including access to services or contractual opportunities for rendering services for consideration; or to refuse to do anything on the terms on which such things would be commonly done in the ordinary course of business; or to abstain from the, professional or business relations that one would ordinarily maintain with such other person. Proposed to enhance Retained the original section punishment not be less than two year but which may extend to seven years and with fine Proposed to delete the Retained the original section words intending thereby to cause, or knowing it to be likely that he will thereby Punishment revised for life and also forfeiture of property. Delete Death Penalty

Proposed to delete the Retained the original section words intending thereby to cause, or knowing it to be likely that he will thereby Punishment revised for a term of 2 years, which may extend to 10 years.

Proposed to delete the Retained the original section words intending to

3(2)(iv)

3 (2)(v)

(2) (v) (a)

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; 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; commits any offence under the Indian Penal Code (45 of 1860) 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 a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine; New Section

cause, or knowing it to be likely that he will thereby Punishment revised for a term of not less than 2 years.

Proposed to delete the Retained the original section words intending to cause, or knowing it to be likely that he will thereby cause Punishment revised to forfeiture of property.

Proposed to delete the i. Substituted the words on the words On the ground ground with the word knowing with revised punishment the caste of the vicitm for forfeiture of property. ii. Revised the punishment from enhancement to imprisonment for life to punishment as prescribed under IPC and fine of Rs. one lakh or one year of additional punishment. Proposed the following new offencesi. Hurt ii. Grievous hurt iii. Abduction iv. Kidnapping v. Wrongful Restraint vi. Criminal Conspiracy Included the following sections i. Hurt ii. Grievous hurt iii. Abduction iv. Kidnapping v. Wrongful Restraint vi. Criminal Conspiracy Added following new offences i. Unlawful Assembly ii. being member of Unlawful Assembly iii. Joining Unlawful Assembly armed with deadly weapons. iv. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse. v. Rioting vi. Rioting , armed with deadly weapons vii. Public servant disobeying

3(2)(vii)

3(2)(viii)

4.

being a public servant, commits Proposed the following any offence under this section, i. immediate suspension shall be punishable with after the time of imprisonment for a term which registration of the First shall not be less than one year but Information which may extend to the ii. no promotion, punishment provided for that award or reward or any offence. other benefit iii. Revised punishment with imprisonment for a term which shall not be less than three years but which may extend to the maximum punishment provided for that offence Abetment Proposed the definition of Retained the abetment clause as Abetment proposed by coalition and added a Explanation to the clause to define i. Included willful negligence as Punishment for neglect of duties- Proposed Whoever, being a public servant negligence and revise proposed by the Coalition but not but not being a member of a punishment to 2 to 7 enhance punishment Scheduled Caste or a Scheduled Years Tribe, wilfully neglects his duties ii. added a new sub section required to be performed by him where Special Court shall take into under this Act, shall be punishable cognizance any dereliction of duty with imprisonment for a term by a public servant. which shall not be less than six months but which may extend to one year.

direction of law with intent to save a person from punishment or property from forfeiture. viii. Voluntarily causing hurt by dangerous weapons or means. ix. Voluntarily causing hurt to deter public servant from his duty. x. Assault or criminal force to deter public servant from discharge of his duty. xi. Kidnapping or abducting with intent secretly and wrongfully to confine a person. xii. Punishment for criminal trespass. xiii. Punishment for Criminal Intimidation. Retained the original section

8. (a)

(b).

10(1)

Presumption as to offences- In a prosecution for an offence under this Chapter, if it is proved that the accused rendered any financial assistance to a person accused of, or reasonably suspected of committing, an offence under this Chapter, the Special Court shall presume, unless the contrary is proved, that such person had abetted the offence a group of persons committed an offence under this Chapter and if it is proved that the offence committed was a sequel to any existing dispute regarding land or any other matter, it shall be presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object. 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 any area included in Scheduled Areas or tribal areas, as referred to in article 244 of the Constitution, it may, by order in writing, direct such person to remove offence. Beyond the limits of such area, by such route and 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

Proposed clause

Added new sub section as 8(c) as presumption proposed by the coalition. And also Inserted words in relation to the offences committed after the words any financial assistance in section 8(a) Retained the original sub section 8(b)

Insert the words or in any No change and Retained the original other area of any district section notified in this behalf after the words article 244 of the Constitution

14.

For the purpose of providing for Proposed the following speedy trial, the State Government i. Special Court shall, with the concurrence of the exclusively to try the Chief Justice of the High Court, by offences notification in the Official Gazette, ii. Where in a district specify for each district a Court of there is no atrocity Session to be a Special Court to try combining that district the offences under this Act. with the neighbouring district. iii. where there are more number of cases in a district, the Government shall set up as many additional special courts iv. Special Courts are empowered to, and shall take cognizance of offences v. Trial of offences on day to day basis and to be completed in 90 days. vi. Spleacial court shall submit quarterly reports

Recommended the following: i. Establish Dedicated Special Courts at district level to try the offences ii. Where in a district there is no atrocity combining that district with the neighbouring district. iii. Special Courts are empowered to, and shall take cognizance of offences iv. Trial of offences to be completed in three months (90 days) from the date of filing charge sheet. v. If any case is not disposed off within three months (90 days), the Judge of the Special court shall record such reasons in writing and report to the Chief Justice of the High Court. vi. Investigation Officer (I.O.) shall remain present during the trial and shall also ensure that victims and witnesses are present. vii. Cases under this Act should be given priority in appeals

15.

21 (3)

Special Public Prosecutor-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 practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court. 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).

Also proposed criteria for the appointment of Judges and adequate support Appointment of a Appointment of exclusive public exlcusive Public prosecutors Prosecutor and proposed criteria for their appointment, performance review procedures and appointment assistant PPs if require.

Include the following at the end of section: and shall also utilize its powers under Article 339(2) of the Constitution and the Article 256 of the Constitution to give necessary directions to any State governments to ensure that the Act is implemented effectively in all respects Proposed separate chapter on Rights of Victims and

No change and retained the original section

Recommended that comprehensive sections dealing with rights of victims

Witnesses

2 (1)(c)

Scheduled Castes and Scheduled Tribes shall have the meanings assigned to them respectively under clause (24) and clause (25) of article 366 of the Constitution;

21(5)

New sub section

and witnesses, including protection, should be included in the Act Recommended that MoSJE take the lead in preparing a comprehensive legislative framework, under this Act or under a separate Act, to deal with practices of discrimination against SCs and STs; and that these may be defined as civil offences as prevention of atrocities through antidiscrimination provisions. Enhancement of Recommended that the quantum of Compensation compensation notified under the Rules should be enhanced, adjusted annually to inflation, and released expeditiously. Proposed National and Not recommended State Monitoring and Enforcement Authority as New Chapter Proposed to include in Not recommended section 2 (1)(c) the following members of any of the castes in the schedule who profess a religion other than Hinduism, Sikhism, or Buddhism and the descendents of such members or who migrated to other states for the purpose of manual labour but not included in the scheduled of the state Proposed new sub Not recommended section as 21(5)