Top
Action initiated by the State Government for effective enforcement of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
 
Click Here for more information on the Prevention of Atrocities Act, 1989 
 
The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has come into force with effect from 30-1-1990 and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 have come into force from 31-5-1995. For effective enforcement of this Act and the Rules, following effective actions have been taken by the State Government.
  • Government of Gujarat has designated 18 Sessions Courts as Special Courts to try offences under this Act. (1)Ahmedabad (city), (2) Ahmedabad (Rural), (3)Amreli (4) Bhavnagar, (5) Bharuch, (6) Palanpur Dist. Banaskantha, (7) Junagadh, (8) Jamnagar, (9) Bhuj, Dist. Kutch, (10) Nadiyad Dist. Kheda, (11)Mehsana, (12) Godhara, Dist. Panchmahal, (13) Rajkot, (14) Surat, (15) Surendranagar, (16), Himmatnagar Dist. Sabarkantha, (17) Navsari, and (18) …………….
    The District Government Pleaders have been designated as Special Public Prosecutors for conducting the cases of Atrocities in these Special Courts.
  • In all, 19 Special Courts have been sanctioned at Ahmedabad (Rural), Palanpur Dist. Banaskantha, Bhuj Dist.Kutch, Amreli, Vadodara, Junagadh, Godhra Dist. Panchmahal, Rajkot, Surat, Surendranagar, Navsari, Valsad, Dahod, Rajpipala, Dist. Narmada, Himmatnagar Dist. Sabarkantha, Patan, Mehsana, Bhavnagar and Jamnagar.
  • (1) Mehsana, (2) Ahmedabad (Rural), (3) Junagadh, (4)Banaskantha, (5) Kheda, (6) Amreli, (7) Rajkot (Rural), (8) Kutch, (9) Surendranagar, (10) Vadodara (Rural), and (11) Bharuch districts have been identified as sensitive districts.
  • Special Inspector General of Police, Scheduled Caste/Scheduled Tribes, Gandhinagar has been appointed as Nodal Officer.
  • Addl. Chief Secretary/Principal Secretary/Secretary, Department of Social Justice and Empowerment, Govt. of Gujarat, Gandhinagar has been appointed ex-officio Nodal Officer.
  • The Vigilance Officers of Ahmedabad, Vadodara and Rajkot have been appointed as Special Officers.
  • Provision has been made to organize an annual two day State-level Seminar on prevention of untouchability with a provision of expenditure upto Rs. 30,000; whereas at the district level, provision is made to organize a two-day workshop for prevention of untouchability with a provision of expenditure upto Rs.3000; and at the Taluka Level, provision is made to organize camps for prevention of untouchability with a provision of expenditure upto Rs.1000 per camp.
  • Provision has been made to establish 25 Awareness Centers at all 25 districts through Non-Governmental Organizations and to sanction a grant of upto Rs.15,000 for each Awareness Center.
  • Provision has been made to make expenditure of Rs.5000 per camp for dissemination of information on various schemes of Government among Scheduled Caste members with a view to reconsideration of their traditional beliefs and to expand scope of education among members of the this community, by organizing two Social Education Camps in each districts.
  • The following Committees have been constituted for effective enforcement of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989:-
    • State Level Vigilance and Monitoring Committee under the Chairmanship of the Hon’ble Chief Minister.
    • State Level Review Committee under the Chairmanship of the Secretary, Department of Social Justice and Empowerment
    • District Level Vigilance and Monitoring Committee under the Chairmanship of the Collector.
    • City Vigilance Committee under the Chairmanship of the Police Commissioner or the Collector.
    • Taluka Vigilance Committee under the Chairmanship of the Mamlatdar.
  • Police Protection Cell
    In terms of Rule 12 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, a Police Protection Cell at the State level has been created under the Additional Director General of Police at Gandhinagar for the purpose of analysis and controlling of various offences committed against members of the Scheduled Castes and Scheduled Tribes.
  • By Government of Gujarat, General Administration Department Resolution no.EST/1091/4654/C dated 3-10-1991, 15 posts of Deputy Police Superintendents at the District level have been sanctioned with a view to effect improvement in investigation of the complaints recorded under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and to apply appropriate provisions of the Act by senior officers of the rank of Police Superintendent in such cases, and to ensure that the law is not misused in any manner and ensure proper investigation of such offences at the district level.
  • With a view to ensure effective enforcement of provisions of the Protection of Civil Rights, 1955 and Scheduled Caste and Scheduled Tribes (prevention of Atrocities) Act, 1989, as per Rule 12 (4) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, as has been notified vide Notification no.GSR/316/E dated 31-5-1995 by the Union Welfare Ministry, it has been resolved by the State Government vide its Resolution No.HSL/1094/I/24/Cell dated 18/11/1995 issued by the Department of Social Welfare and Tribal Development to extend monetary assistance with of varying scales to the victims and their dependents.(Schedule-1)
  • • For effective implementation of provisions of the Protection of Civil Rights, 1955 and Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989, as per Rule 15 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Vir Meghmaya Special Accidental Scheme has been sanctioned by the State Government vide its Resolution No.HSL/3197/3764/H dated 18/3/1998 issued by the Department of Social Welfare and Tribal Development. (Schedule – 2)
  • Traveling Allowance/Dearness allowance :-
    It has been resolved to grant traveling allowance and dearness allowance to the victims of the Scheduled Caste, complainants, witnesses and families to attend the Hon’ble Court for deposing their evidences for the judicial process and investigation.
Schedule-1
Norms of State Government aids under provisions of Rule 12(4) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Rules, 1995in cases of atrocities
 
Sr. Offence Minimum amount of compensation
1 Forceful  consumption of uneatable substance or drinking harmful drink (Section 3(1)(1) Every person victimized shall be paid compensation of Rs. 25,000 or more as under in proportionate to the disrespect, insult and injury of defamation sustained by him according to the kind of offence and its gravity –
(1) 25% at the time of filing charge sheet before the Court:
(2) 75% at the time when the accused is held guilty by the lower court.
2 Sustaining injury, insult and harassment.Section 3(1)(2) As above
3 Act of humiliation Section 3(1)(3) As above
4 Unlawful occupation of land or cultivation etc. Section 3(1)(4) Considering the nature and severity of the offence, a compensation of Rs. 25,000/- or more.
The land, premises or water supply to be restored, if necessary, at Government cost.
Entire payment to be made at the time when charge sheet is filed before the Hon’ble Court.
5 Offence with respect to land, space and water (section 3(1)(5) As above
6 Bonded, forced labor. Section 3(1)(6) Every victim shall be paid compensation of Rs.25,000.
25% at the stage of recording of first information report;
And 75% when the offence is held as proved by the Court.
7 Prevention of Casting of vote.Section 3(1)(7) Compensation upto Rs. 20,000 to each victim on the basis of the nature and gravity of the offence.
8 False biased or harassing legal proceedings Section 3(1)(8) After the trial of accused is over, a compensation of Rs. 25,000 or the actual loss and expenditure incurred, whichever is less.
9 False and insignificant information After the trial of accused is over, a compensation of Rs.25,000 or the actual loss and expenditure incurred, whichever is less.
10 Insult, threats and humiliation Section3(1)(10) Every victim shall be paid a compensation of Rs.25,000,
25% at the stage of filing of the charge sheet before the Court;
And 75% at the time when the offence is held as proved by the Court.
11 Outraging the modesty of a woman Section3(1)(11) Every victim to be paid a compensation of Rs 50,000;
50% after medical examination and the remaining 50% on conclusion of trial.
12 Sexual exploitation of a woman Section3(1)(12) As above
13 Polluting water Section3(1)(13) Upto Rs. 10,00,000 or entire actual expenditure to be incurred on restoration of normal water supply including purification of water in case of polluting of water. The District Administration shall make payment at the stages of work as deemed appropriate by them.
14 Refusal to usual right of way  Section3(1)(14) Upto Rs.1,00,000 or the expenditure incurred on repossession of the right of way and in case any damage is caused, entire compensation thereto. 50% amount to be paid at the time when charge sheet is filed before the Court.
15. Destruction of dwellings Section 3(1)(15) Re-allotment of the land to all the victims, restoration of their right to stay and compensation of Rs.25,000 and in case the residential building is destroyed, reconstruction thereof at the Government cost. Entire amount payable at the time when charge sheet is filed before the lower Court.
16. Deposition of false evidences. Section 3(2)(1) and (2) A minimum compensation of Rs.1,00,000 or compensation of actual damage or loss caused. 50 % to be paid at the stage of filing of charge sheet before the Court and remaining 50% payable when the lower court holds the charge as proven.
17. Committing any offence punishable under Indian Penal Code for imprisonment of 10 years or more. Section 3(2)(5) Compensation upto Rs 50,000 to each victim and/or his dependents, according to the nature and gravity of the offence. The amount to be revised if there less or specific provision stipulated in the Schedule.
18. Victimization at the hands of Government Servant. Section 3(2)(8) Full compensation of injury or loss sustained. 50% payable at the time of filing of charge sheet before the Court and remaining 50% amount to be paid when the guilt is held proved.
19. Causing disability. (Definition of physical and psychological disability has been given in the Notification No.4-2/83 dated 6-8-1986 as amended from time to time, issued by the Union Ministry of Welfare. A copy of the Notification is given at Annexure-2). (A)100% disability – (1)non-earning member of the family, (2)earning member of the family, (B)Less than 100% disability. A minimum compensation of Rs. 1, 00,000 to the victim. 50% payable at the time of recording of first information report, 25% payable at the stage of filing of charge sheet and the remaining 25% at the time when the charge is held as proven by the lower court.
A minimum compensation of Rs. 2,00,000 to the victim. 50% payable at the time of recording of first information report and medical examination, 25% payable at the stage of filing of charge sheet and the remaining 25% at the time when the charge is held as proven by the lower court.
The rates as prescribed at A (1) and (2) to be reduced appropriately whereas the stage of payment shall remain unaltered. However, there shall be minimum relief to the tune of Rs15,000 for non-earning member of the family and a minimum of Rs. 30,000 for the earning members.
20. Murder of (a)non-earning member of the family, (b)earning member of the family A minimum compensation of Rs. 1,00,000 in every case. 75% after post mortem of the victim and 25% on offence being held as proven by the lower court.
A minimum compensation of Rs. 2,00,000 in every case. 75% amount on postmortem of victim and 25% on offence being held as proven by the lower court.
21. Victim of murder, death, massacre, rape, gang rape, permanent disability and loot. In addition to the amount of compensation as may be payable aforesaid, arrangements to be made for payment of relief as under within three months from the date of atrocities.
  • Pension at the rate of Rs.1000 per month each to the widow or any other dependent of deceased of Scheduled Caste and Scheduled Tribe community OR employment to one of family members of the deceased and if necessary, to make provision for agricultural land, residential premises by purchasing the same.
  • Entire expenditure of education and maintenance of children of victims. Children can be admitted to the Ashram Schools/ Residential Schools.
  • Provision for supply of utensils, rice, wheat, pulses, cereals etc. for three months.
22 Completely demolished/ burnt houses. In case houses are demolished or put to flame, same to be reconstructed at Government cost with masonry work with bricks and stones and provide to the victims.
 
Schedule – 2
Norms of assistance under Veer Megh Maya Contingency Scheme of the State Government under provisions of Rule 15 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Rules, 1995 in cases of atrocities.
 
Sr. Item Norms for assistance.
1 In case of murder of a person belonging to Scheduled Caste community or for rehabilitation of migrated families in case of migration due to atrocities, for purchase of land for constructing house. Rs.20,000, or in cases where land is allotted by the Government, action to be taken for purchase of land at the prevalent rate in consultation with the District Collector.
2. Expenditure on levelling of the land purchased or allotted by the Government. Expenditure, if required, as per estimate prepared by the Road and Building Department of the Government.
3. Cost of construction of house at migrated place. Rs.75,000 or the estimated cost suggested by Road and Building Department of the State Rural Housing Board as per the local conditions, whichever is less.
4. Construction of approach road near migrated place connecting nearest main road. Expenditure to be incurred through the Road and Building Department of the State.
5. Crematorium at the place of migration. Expenditure to be incurred through the Road and Building Department of the State.
6. Expenditure on erecting temporary shed at the place of migration. Rs.20,000 or the estimate given by the Road and Building Department, whichever is less.
7. Water taps, hand pump, pipeline, sewage line and other related expenses at the place of new habitat. As per the estimates given by the Road and Building Department of the State.
8. Electrification of premises. Rs.2,000 per premise or as per estimates given by the G.E.B.
9. Primary school, health center, preprimary school, community hall etc. Expenditure to be incurred as per requirements after getting approval from the Government by preparing separate proposals by the Director, Social Welfare in consultation with concerned Department through the Road and Building Department of the State.
10. Monetary assistance in lieu of pension to the widow of person killed in atrocity / acquired permanent disability in atrocity cases / old aged male and female above 60 years. Monthly pension of Rs. 1,000 for life time (in case of widow, till she remarries).
11. Monetary assistance to the dependent children of widow in case of murder case. Monthly assistance of Rs. 500 until the child attains the age of 18 years.
12. Domestic requirements like rice, wheat, pulses, cereals etc. for the victims of atrocities. Rs.500 per victim per month (for maximum period of 3 months)
13. Admission of children of victim of atrocities to Government Ashram Shalas/ Residential Schools for their education. Admission to be given even as a special case by relaxing Rules.
14. Reconstruction of totally destroyed/ burnt residential premises at the same place or repairing in cases where it is possible. Rs.75,000 for construction of new house and in case where repairing is possible, maximum ceiling of Rs. 50,000 as per estimates by the Road and Building Department.
15. For animals, if any. Rs.300 per animal per month (for a period 3 months).
16. Expenditure incurred on admission of injured persons to the Government hospital viz. medicines from the market, fees of operation, if required, and expenditure on hiring of equipments from outside. As per the prescription of authorized Medical Officer of the Government hospital.
17. Grant of agricultural land to the families of victims of atrocities. The Director, Social Welfare to take action for grant of minimum one acre of land to each victim’s family keeping in view availability of the waste land or land under the Panchayat, for agricultural purpose and keeping in view minimum requirement of the family, in consultation with the Revenue Department and other concerned departments.
18. Assistance for marriage of rape-victim. Rs.50,000 in the joint name of the marrying couple.