ANNUAL REPORT
ON
THE PROTECTION OF CIVIL RIGHTS ACT,
1955 FOR THE YEAR 2004
GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
NEW DELHI
PAGE No.
1. CHAPTER - 1
INTRODUCTION 1
2. CHAPTER - 2
STATISTICAL PROFILE OF 2–5
STATE GOVERNMENTS
AND UNION TERRITORY
ADMINISTRATIONS
3 CHAPTER - 3
MEASURES TAKEN BY 6–9
GOVERNMENT OF INDIA
4. CHAPTER - 4
MEASURES TAKEN BY STATE 10 – 34
GOVERNMENTS AND UNION
TERRITORY ADMINISTRATIONS
STATES/UNION TERRITORY ADMINISTRATIONS
1. ANDHRA PRADESH 10 – 11
2. ASSAM 11 – 12
3. BIHAR 12 – 13
4. CHHATTISGARH 13
5. GOA 14
6. GUJARAT 14 – 15
7. HARYANA 15 – 16
8. HIMACHAL PRADESH 16 – 17
9. JAMMU & KASHMIR 17
10. JHARKHAND 17 – 18
11. KARNATAKA 18 – 19
12. KERALA 19 – 20
13. MADHYA PRADESH 20 – 22
14. MAHARASHTRA 22 – 25
15. ORISSA 25 – 26
16. PUNJAB 26
17. RAJASTHAN 27
18. TAMIL NADU 27 – 29
19. TRIPURA 29
20. UTTARANCHAL 29 – 30
21. UTTAR PRADESH 30
22. WEST BENGAL 31
23. ANDAMAN & NICOBAR ISLANDS 31
24. CHANDIGARH ADMINISTRATION 31 – 32
25. DADRA & NAGAR HAVELI 32
26. DAMAN & DIU 32
27. DELHI 32 – 33
28. PONDICHERRY 33 – 34
29. OTHER STATES 34
ANNEXURES I & II
I CASES REGISTERED WITH POLICE AND THEIR 35
DISPOSAL DURING THE YEAR 2004.
II CASES WITH COURTS AND THEIR DISPOSAL 36
DURING THE YEAR 2004.
ii
CHAPTER-1
INTRODUCTION
1. Article 17 of the Constitution of India abolished the practice of
untouchability and in furtherance of the provision, the Protection of Civil
Rights Act was enacted in the year 1955. The Act provides for
punishment for untouchability offences and extends to all over the
country. The Act is implemented by the State Governments and Union
Territory Administrations.
2. Caste feelings and prejudices associated with certain occupations
like manual scavenging, flaying and tanning put the concerned persons
to a disadvantaged situation. Lack of assets, low literacy, other social
and economic backwardness aggravate the position. Several Schemes
and programmes are being implemented for socio-economic and
educational development of Scheduled Castes. These measures, along
with implementation of the Protection of Civil Rights Act, 1955 are
gradually helping in reduction of offences of untouchability.
3. In accordance with Section 15A (4) of the Act, the Annual Report
on implementation of the Protection of Civil Rights Act, 1955 for the year
2004 has been prepared, based on the information received from various
State Governments and Union Territory Administrations.
4. The progress of cases registered under the Act and their disposal
during the year 2004 has been discussed in chapter II of the Report.
Details of measures taken by the Central Government in this regard are
mentioned in Chapter III of the Report. Measures undertaken by the
State Governments and Union Territory Administrations are given in
Chapter IV of the Report.
*****
CHAPTER-2
STATISTICAL PROFILE OF STATE GOVERNMENTS
AND UNION TERRITORY ADMINISTRATIONS
During the year 2004, one hundred twenty six (126) cases were
registered under the Act. The largest number of cases (32 cases) were
reported in Andhra Pradesh and State wise details of the cases registered
under the Act during the year 2004 in descending order are mentioned in
the table below. In the remaining State Governments and Union Territory
Administrations, no case was registered during the calendar year 2004.
TABLE NO.1
CASES REGISTERED DURING 2004
S. State/UTs Number of Cases Percentage of
No. registered during total case
the year 2004 registered under
the PCR Act
1. Andhra Pradesh 32 25.40
2. Maharashtra 31 24.60
3. Karnataka 24 19.05
4. Pondicherry 20 15.87
5. Madhya Pradesh 7 05.56
6. Bihar 4 03.17
7. Jammu & Kashmir 3 02.38
8. Kerala 2 01.59
9. Tamil Nadu 2 01.59
10. Himachal Pradesh 1 00.79
Total 126 100
STATES REGISTERING 1 TO 20 CASES
The State / Union Territory wise details are given in the table
below: -
TABLE NO.2
[Link]. State/UTs Number of cases
reported during
2004
1. Pondicherry 20
2. Madhya Pradesh 07
3. Bihar 04
4. Jammu & Kashmir 03
5. Kerala 02
6. Tami Nadu 02
7. Himachal Pradesh 01
Total 39
STATES REGISTERING 21 TO 100 CASES
The State / Union Territory wise details are given in the table
below: -
TABLE NO.3
[Link]. State/UTs Number of cases
reported during
2004
1. Andhra Pradesh 32
2. Maharashtra 31
3. Karnataka 24
Total 87
CASES DEALT WITH BY POLICE
The details in regard to cases dealt with by Police during 2004 are
given in the following table.
TABLE NO.4
S. Item Number of Cases
No.
Number Percentage
of total
1 2 3 4
1. Total number of cases 1, 544
(including brought
forward)
2. Number of cases closed 112 07.25%
after investigation
3. Number of cases charge 176 11.40%
sheeted in courts
4. Number of cases 1, 256 81.35%
pending with the police
at the end of the year
The State/Union Territory wise details are given in Annexure– I.
DISPOSAL OF CASES BY COURTS
The details of disposal of cases by courts during the year 2004 are
given in the Table below.
TABLE NO.5
Disposal of cases by Courts
S. Item Number of Cases
No.
Number Percentage of total
of cases cases disposed off
by the courts
1 2 3 4
1. Total number of cases 5, 927 -
(including brought
forward)
2. Number of cases 412 06.95%
disposed of by Courts
(a) Number of cases ending 34 08.25%
in conviction
(b) Number of cases ending 378 91.75%
in acquittal
3. Number of cases 5, 515 93.05%
pending with Courts at
the end of year
The State / Union Territory – wise details of cases with Courts and
their disposal are given in Annexure – II.
*****
CHAPTER-3
MEASURES TAKEN BY THE GOVERNMENT
OF INDIA
3.1 Development of the Scheduled Castes is the collective
responsibility of the Central as well as the State Governments and Union
Territory Administrations. In the Central Government, various
Ministries/Departments deal with sectoral programmes relating to
development of Scheduled Castes and they are also required to formulate
Special Component Plan for Scheduled Castes. The Ministry of Social
Justice & Empowerment deals with overall policy and co-ordination of
matters relating to development of Scheduled Castes. The Ministry of
Social Justice & Empowerment supplements through special
programmes to provide a fillip and augment the schemes implemented by
other Central Ministries/Departments.
3.2 CENTRALLY SPONSORED SCHEME FOR IMPLEMENTATION OF
THE PROTECTION OF CIVIL RIGHTS ACT, 1955 AND THE
SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION
OF ATROCITIES ACT, 1989.
To financially assist the State Governments/ Union Territory
Administrations in implementation of provisions of the Act, under a
Centrally Sponsored Scheme for implementation of the Protection of Civil
Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989, due central assistance is provided to
them mainly for strengthening of the administrative, enforcement and
judicial machinery, awareness generation, and relief and rehabilitation of
the affected persons. During the year 2004-2005, central assistance of
Rs. 3475.00 lakhs was released to State Governments and Union
Territory Administrations, the details of which are given below: -
[Link]. State / Union Central Assistance
Territory released (Rs. in Lakhs)
1. Andhra Pradesh 615.755
2. Chhattisgarh 71.745
3. Goa 01.00
4. Gujarat 337.79
5. Haryana 14.8445
6. Himachal Pradesh 37.00
7. Karnataka 531.1735
8. Kerala 30.397
9. Madhya Pradesh 314.965
10. Maharashtra 343.49
11. Orissa 08.18
12. Punjab 57.50
13. Rajasthan 200.00
14. Sikkim 01.50
15. Tamil Nadu 218.34
16. Uttar Pradesh 610.70
17. Uttaranchal 22.00
18. Dadra Nagar Haveli 30.00
19. Pondicherry 28.62
TOTAL 3475.00
The Ministry of Social Justice and Empowerment has also been
addressing the State Governments / Union Territory Administrations to
implement the provisions of the Protection of Civil Rights Act, 1955 and
the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989, in letter and spirit.
A ‘Atrocities and Protection of Civil Rights Wing’ is also functioning
in the headquarters of the National Commission for Scheduled Castes.
An “ Atrocity Wing ” is also functioning in the National Commission for
Scheduled Tribes.
3.3 MINISTRY OF INFORMATION AND BROADCASTING
3.3.1 ALL INDIA RADIO (AIR)
All Stations of All India Radio (AIR) have been mounting
programmes for the ‘Eradication of Untouchability’ in their Special
Audience Programmes (SAP) like Rural, Women, Youth and Children’s
programmes apart from the general broadcasts. These programmes have
been in the form of Talks, Plays, Features, Discussions, Interviews,
Family Serials and Slogans etc. 1057 programmes were broadcasted on
‘Eradication of Untouchability’ in different dialects/regional languages
from various All India Radio Stations during the calendar year 2004.
3.3.2 DOORDARSHAN
Doordarshan Kendras have been mounting programmes for
“Eradication of Untouchability” in the form of documentaries, interviews
talks on the various subjects. 32 programmes were telecast by various
Doordarshan Kendras during the year 2004.
3.3.3 DIRECTORATE OF FIELD PUBLICITY (DFP)
268 Field Publicity Units of the Directorate disseminated
information on the theme of ‘Eradication of Untouchability’. These units
organized in all 15102 programmes like organizing film shows, oral
communication programmes, song & drama programmes, photo
exhibitions and special interactive programmes in the form of essay
competitions, debates, rural sports, rallies, mothers meets, seminars,
symposia, drawing / painting competitions.
3.3.4 DIRECTORATE OF ADVERTISING & VISUAL PUBLICITY (DAVP)
Directorate of Advertising & Visual Publicity (DAVP) released
advertisements on the bane of untouchability on the occasion of
Mahatma Gandhi birthday on 02.10.2004 and Sant Ravi Das Jayanti on
16.02.2004. The Directorate of Advertising & Visual Publicity (DAVP) also
produced a weekly radio programme ‘ Sanwarti Jayen Jeevan Ki Raahein’
for broadcast through All India Radio (AIR) and a booklet “ Reaching the
Unreached” in English and “Aao Jalayan deep Wahan Jahan Abhi
Andhera Hai” in Hindi containing schemes and programmes of Ministry
of Social Justice & Empowerment. Directorate of Advertising & Visual
Publicity (DAVP) also used Outdoor Publicity formats like bus back
panels and hoardings to spread the messages on eradication of
untouchability.
3.3.5 SONG & DRAMA DIVISION
The Song & Drama Division made concerted efforts by utilizing a
wide range of folk and traditional forms to educate people on the issue of
untouchability with an intention of changing the mind-set of people.
Efforts were also made to raise social awareness on evils of
untouchability, targeting rural and semi-urban populace. The Division
on an average presented more than 40,000 programmes all over the
country involving, over 10,000 artists from across the nation. The
programmes are composite in nature and the theme “ eradication of
untouchability ” is suitably covered therein.
3.3.6 PRESS INFORMATION BUREAU
The Press information Bureau issued a press note highlighting the
work of the Ministry of Social Justice & Empowerment during this period
with special emphasis on “ Eradication on Untouchability ”.
3.3.7 FILMS DIVISION
Films Division produces and releases documentary films/ news
magazines/short fiction films etc. through the theatrical circuits on
various subjects with a view to provide publicity platform to the
developmental plans, polices, programmes and projects of the
Government. Film Division are also screened films in rural and remote
areas of the country through the mobile units of Directorate of Field
Publicity.
3.4 OTHER CENTRAL MINISTRIES
The Ministry of Social Justice & Empowerment pursued other
Central Ministries/Departments for formulation and implementation of
the Special Component Plan for development of Scheduled Castes as per
the guidelines issued by the Planning Commission.
*****
CHAPTER-4
MEASURES TAKEN BY STATE GOVERNMENTS
AND UNION TERRITORY ADMINISTRATIONS
1. ANDHRA PRADESH
LEGAL AID
Free legal aid is provided to the victims of atrocities and there is no
income limit fixed towards eligibility.
INTER CASTES MARRIAGES
An amount of Rs. 10,000/- per couple towards incentives to inter-
caste married couples, if one of the couples belongs to Scheduled Castes,
is sanctioned under the scheme. During the year 2004-2005, an amount
of Rs. 246.55 lakhs was spent on 2465 inter-caste married couples
towards incentives.
SPECIAL COURTS
There are 22 Mobile Courts in the State, one in each district
(except Hyderabad) to take up the cases of untouchability under the Act.
APPOINTMENT OF OFFICERS AND WORKING OF PCR CELL
The Police Department has been given instructions to work for
effective implementation of the Act and register cases of offences of
untouchability on priority. At present 12 DSPs have been appointed
exclusively for investigation of the cases relating to Scheduled Castes and
Scheduled Tribes. Besides it, DSPs, CID in the remaining districts, also
investigate the cases.
PUBLICITY MEASURES
In order to curb the evil practice of untouchability and create
awareness among the general public, circulars, pamphlets and other
instructions are issued from time to time to towards awareness
campaign.
WEEKLY VISITS TO VILLAGES
All Mandal Level officials and non-officials including
representatives of the Endowment Department and NGOs along with
Police officials not below the rank of Sub-Inspector are required to visit
one village in a week in every Mandal on a fixed day and interact with all
sections of the people in the village including Scheduled Castes and the
Scheduled Tribes and convince and persuade upper caste people against
evils of untouchability.
All the District Collectors have also been requested
to prepare monthly action plan for the visit of the teams to the villages
every week and to give advance intimation to the villages selected and
also involve all elected representatives, Gram Sarpanchs, ward members
and all villagers in the programme.
2. ASSAM
LEGAL AID
Free legal aid is given to deserving Scheduled Castes and
Scheduled Tribes families through Sub Divisional Level Legal Aid
Committee.
INTER CASTE MARRIAGES
The purpose of the scheme is to bring caste parity in the society.
The marriages between Scheduled Castes and other castes are
encouraged and an incentive of Rs. 5000/- per couple is being given.
APPOINTMENT OF OFFICERS
A SC & ST Protection Cell is functioning under the Director
General of Police, Assam. The Additional Director General of Police (CID),
Inspector General of Police (A), Deputy Inspector General of Police, Range
and all district Superintendents of Police are members of the Cell.
COMMITTES
A State Level Vigilance & Monitoring Committee headed by
Minister in-charge of Welfare of Scheduled Castes and Scheduled Tribes
reviews implementation of the provisions of the Protection of Civil Rights
Act, 1955. All MLAs and MPs belonging to SC/ST community are the
members of this Committee, besides representatives of the prominent
voluntary organizations.
PUBLICITY
An awareness programme was organized by displaying the
provision of the Act for generating awareness amongst the Scheduled
Castes and Scheduled Tribes as well as others.
3. BIHAR
PUBLICITY
For creating awareness amongst the public, the task has been
entrusted to Zilla Parishads, Panchayat Samities and Village Panchayats
as per three tier Panchayati Raj System.
SCHEDULED CASTES AND SCHEDULED TRIBES CELL
At State level, a Scheduled Castes and Scheduled Tribes Cell has
been functioning under the Director General of Police (CID) at
Headquarters.
COMMITTEES
A State Level Committee under the Chairpersonship of the Chief
Minister reviews implementation of Act. Likewise, the District Level
Committees under the Chairpersonship of District Magistrate also
reviews implementation of the Act.
SCHEDULED CASTES AND SCHEDULED TRIBES POLICE STATIONS
At the State level, a Police Station for Scheduled Castes and
Scheduled Tribes is functioning in the CID Headquarters at Patna, which
has jurisdiction all over the State. In addition, 9 Police Stations also
function in the district headquarters of Nalanda, Bhojpur, Rohtas, Gaya,
Vaishali, Samastipur, Begusarai, Bhagalpur and Munger with specified
jurisdictions.
4. CHHATTISGARH
LEGAL AID
A provision for legal aid has been made in the State.
INTER CASTE MARRIAGES
The State Government is implementing an inter-caste marriage
scheme to promote and support the couples whose marriages are
performed with non-Scheduled Castes. An incentive amount of Rs.
6000/- is provided along-with a gold medal.
Towards incentive for inter - caste marriages, 14 couples were
provided incentive of Rs. 01.97 lakhs during the year 2004.
PUBLICITY
For publicity, an amount of Rs. 4.00 lakhs was disbursed to the
districts during the year 2004-2005. 13 Sadhavana Shibirs were also
held in the districts during the year.
AWARD TIO GRAM PANCHAYATS
An amount of Rs. 5.00 lakhs was kept for awards of Gram
Panchayats. 11 Gram Panchayats incurred an amount of Rs. 4.69 lakhs.
This award was given to those Gram Panchayats who did outstanding
work for eradication of untouchability.
5. GOA
LEGAL AID
Legal aid is provided to the victims of Scheduled Castes and
Scheduled Tribes.
INTER CASTE MARRIAGES
Under the scheme, seven beneficiaries were covered during the
year and an expenditure of Rs. 70,000/- was incurred.
SPECIAL COURTS
The State Government has notified Session Courts in North Goa
and South Goa as Special Courts to deal the cases under the Act.
6. GUJARAT
LEGAL AID
Under the Free Legal Aid Scheme, financial assistance of Rs. 500/-
in civil cases and Rs. 500/- to Rs. 3000/- in criminal cases is given and
the prescribed income ceiling is Rs. 12000/- per annum.
INTER CASTE MARRIAGES
An incentive of Rs. 50,000/- is provided (i.e. Rs. 25,000/- in the
form of National Saving Certificate and Rs. 25,000/- cash for purchase of
household kit) for the marriage between non-Scheduled Castes and
Scheduled Castes. An amount of Rs. 88.95 lakhs was incurred to
provide incentives to 179 such couples.
APPOINTMENT OF OFFICERS
At the Secretariat Level, the Principal Secretary, assisted by
Deputy Secretary and Under Secretary of the Social Justice &
Empowerment Department looks after the work and at Directorate level,
the Director looks after the work. A Special Cell called “ Nagrik Cell” is
also functioning in the Directorate and Deputy Director has been
appointed to look after the Cell.
COMMITTEES
A High Level Committee under the Chairpersonship of the Chief
Minister reviews implementation of the Act. The Finance Minister, the
Revenue Minister, the Social Welfare Minister, some Members of
Parliament and State Legislatures as well as Senior Government officers
are members of the Committee.
The District Vigilance Committees under the District Collector also
reviews implementation of the Act.
7. HARYANA
LEGAL AID
Assistance for legal aid is provided for cases pertaining to offences
of untouchability, mutation of land records, abduction and kidnapping of
girls and women and cases pertaining to reservations meant for
Scheduled Castes. Expenses towards witnesses and court fees are also
met under the scheme. During the calendar year 2004, an amount of
Rs.8800/- was utilized benefiting 13 persons. There is no income ceiling
to avail of the legal aid.
INTER CASTE MARRIAGES
For eradication of caste system, a financial assistance of Rs.25,
000/- (40% in cash and 60% in the form of fixed deposit for six years in
the joint account) is provided to a couple, one of whom belongs to
Scheduled Caste community, contracting inter-caste marriage. During
the calendar year 2004, an expenditure of Rs.3.75 lakhs was incurred for
the benefit of 15 such couples.
APPOINTMENT OF OFFICERS
District Welfare Officers have been entrusted with the
responsibility of effective implementation of the Act.
COMMITTEES
District Consultative Committees under the Chairpersonship of
Deputy Commissioners reviews monitor of cases under the Act.
AWARD TO PANCHAYATS
The Village Panchayats are encouraged by providing grant of Rs.
5000/-in recognization of their work, inter-alia, pertaining to eradication
of untouchability. During the calendar year 2004, an expenditure of
Rs.1.50 lakhs was incurred on 30 such Panchayats.
SPECIAL CELL
A Special Cell at Police Headquarters, Panchkula under the
Inspector General of Police, Law and Order, Haryana deals with crimes
against weaker sections of the society.
8. HIMACHAL PRADESH
LEGAL AID
The State Legal Broad provides free assistance for legal matters to
a person whose annual income does not exceed Rs. 25,000/-, but there
is no income ceiling for Scheduled Castes and Scheduled Tribes. The
free legal aid includes expenses towards litigation as well as Travelling
Allowance /Dearness Allowance to witnesses.
INTER CASTE MARRIAGES
For eradication of untouchability, an incentive amount of @ Rs.25,
000/- per couple is provided to those who marry a Scheduled Caste
person. In the year, 2004-2005, an expenditure of Rs. 54.66 lakhs was
incurred towards providing incentives to 221 couples.
IDENTIFICATION OF UNTOUCHABILITY PRONE AREAS
There is no specific area where untouchability exists in severe form
in the State.
COMMITTEES
In pursuance of sub-section (4) of Section 15A of the Protection of
Civil Rights Act, 1955, a State level Committee reviews implementation of
the Act.
PUBLICITY
For wide publicity of the Protection of Civil Rights Act, 1955,
awareness camps were organized in 95 places during the year 2004-05.
PROTECTION OF CIVIL RIGHTS CELL
A Special Cell in the State Police Headquarters is required to
register complaints relating to Scheduled Castes and Scheduled Tribes.
At district level also, such a Cell functions in each district Headquarter.
9. JAMMU & KASHMIR
LEGAL AID
The State Government has a legal aid scheme for economically
backward people, which includes Scheduled Castes and Scheduled
Tribes.
COMMITTEES
The State Level as well as District Level Committees reviews
implementation of the Act.
10. JHARKHAND
LEGAL AID
Under the Act, a provision has been made to provide legal aid up to
Rs. 1000/-, to the affected persons.
INTER CASTE MARRIAGES
A provision has been made to give an amount of Rs. 25,000/- as
an incentive to such couples, which enter into inter-caste marriages.
WORKING OF PCR CELL
A Special Scheduled Castes and Scheduled Tribes Cell headed by
the Director General of Police under the crime Investigation Branch of
the Police Department is required to monitor the investigation of cases
registered under the Act.
COMMITTEES
A State Level Vigilance Committee under the Chairpersonship of
the Chief Minister reviews implementation of the Act.
SURVEYS
Periodical Surveys on impact of measures taken under the Act are
conducted by the Jharkhand Tribal Research Institute, Ranchi.
11. KARNATAKA
LEGAL AID
The Karnataka Legal Aid Services Authority provides free legal
assistance to Scheduled Castes and Scheduled Tribes persons without
prescribing any income limit.
INTER-CASTE MARRIAGES
An incentive amount of Rs. 25,000/- per couple is provided to a
couple for inter - caste marriage, where one of the couple is a Scheduled
Caste person. An amount of Rs. 300.00 lakhs was incurred covering
1200 couples.
SPECIAL COURTS
All the Judicial Magistrate First Class Courts at Taluk Head
quarters take up trial of cases under the Act. Further Seven Special
Courts at Belgaum, Mysore, Bijapur, Gulbarga, Raichur, Kolar and
Tumkur also try the cases under the Act.
WORKING OF PROTECTION OF CRE CELL
Directorate of Civil Rights Enforcement is working for the
enforcement of the Protection of Civil Rights Act, 1955. Officers of the
Police Department visit the Harijan Colonies to redress the problems of
Scheduled Castes and Scheduled Tribes and whenever cases under the
Act are reported, immediate action is taken to make bandobust
arrangements, registration of cases, arrest of the accused and producing
them before the Court. The investigation is conducted vigorously and
charge sheet is submitted to the Court.
COMMITTEES
A High Level Committee under the Chairpersonship of the Minister
for Home and co-chaired by Minister for Social Welfare, reviews
implementation of the Act. The Principal Secretary/ Secretary of the
Department of Home and Transport, Social Welfare, Revenue, Law and
Parliamentary Affairs, Rural Development and Panchayat Raj, Director
of Public Prosecutions and Government Litigation, Director General,
Additional Director General (DCRE) and Inspector General of Police are
members of the Committee.
District Level Vigilance Monitoring Committee under the
Chairmanship of the District Magistrate, are also functioning.
PUBLICITY MEASURES
In order to promote awareness generation regarding provisions of
the Act, Seminars and Workshops are organized at State, District and
Taluk levels. TV serials, Cassettes, Street plays, TV spots on the theme
pertaining to removal of untouchability have also been produced.
12. KERALA
INTER-CASTE MARRIAGES
Financial assistance of Rs. 10,000/- per couple is given to inter-
caste marriage couples where one of them is a Scheduled Caste/
Scheduled Tribe person. An expenditure of Rs. 46.00 lakhs was incurred
for having provided incentive to 460 couples during the year.
APPOINTMENT OF OFFICERS
A Special Cell under the Inspector General of Police is functioning
in the Police Headquarters of the State. The Special Cell, inter-alia, keeps
a watch over the handling of matters relating to cases under the Act.
Three Special Mobile Squads (SMS) are also functioning in the Districts
of Palakkad, Kasargode and Wayanad.
SPECIAL COURTS
The District Courts of Kerala have been specified as Special Courts
to try the offences under the Act and the Public Prosecutors of all
Districts have been nominated as Special Prosecutors for conducting the
cases in the District Courts.
SPECIAL MOBILE SQUADS
Three special Mobile Squads are functioning in Palakkad,
Kasargode and Wayanad Districts for preventing offences against the
members of Scheduled Castes and Scheduled Tribes including offences
under the Act.
PUBLICITY AND OTHER MEASURES
The camps are arranged to bring awareness towards the Protection
of Civil Rights of Scheduled Castes. The Public Relation Department and
Director of Scheduled Castes and Scheduled Tribes Department also
gives publicity to various measures. Besides it, seminars are organized
by the District Welfare Officers. The Malayalam translation of the Act has
also been supplied to all Police Stations and Circle Officers.
13. MADHAYA PRADESH
LEGAL AID
For trial of cases in the courts under the Act, the Government has
provided the services of Public Prosecutors, Special Prosecutors and
Senior Advocates.
INTER CASTE MARRIAGES
For eradication of untouchability and to promote inter-caste
marriages, the State Government is implementing a scheme of inter-caste
marriage. In accordance with the provision of the scheme, financial grant
of Rs.10,000/- and a certificate is given to a couple, one of whom belongs
to a Scheduled Caste or a Scheduled Tribe. During the year 2004-2005,
an expenditure of Rs.9.00 lakhs was incurred and 90 couples were
covered.
SCHEDULED CASTES WELFARE CELL
The Cell under the charge of the Additional Director General of
Police reviews implementation of the Act. 48 Scheduled Caste Welfare
Thanas (Anusuchit Jati Kalyan) under the Cell are required to inter-alia
register cases relating to untouchability offences. The Thanas are in the
Districts of Morena, Bhind, Rajgarh, Panna, Vidisha, Jabalpur, Jhabua,
Bhopal, Mandla, Neemuch, Katni, Umaria, Gwalior, Ratlam,
Chhindwara, Khargone, Balaghat, Dhar, Seoni, Dewas, Datia, Ujjain,
Dindori, Barhanpur, Mandsaur, Damoh, Tikamgarh, Narsinghpur, Sidhi,
Sagar, Shivpuri, Chhatarpur, Sheopur, Indore, Harda, Ashok Nagar,
Rewa, Sehore, Hoshangabad, Shahdol, Raisen, Betul, Guna, Khandwa,
Shajapur, Badwani, Satna, and Anooppur. During the year 2004-2005,
an amount of Rs. 1034.15 lakhs was incurred on these Thanas.
COMMITTEES
The State Level Committee under the Chairpersonship of the Chief
Minister reviews implementation of the Act. The Members of the
Committee are Legislative Assembly, Non-officials, Social Workers,
Secretaries of Department of Home, Scheduled Tribes Development,
Scheduled Castes Development and the Director General of Police.
The District Level Committees under the Chairpersonship of
District Magistrates also review implementation of the Act.
PUBLICITY
A. SADBHAWANA SHIVIRS
Sadbhawana Shivirs towards eradication of untouchability
were organized in all the districts of the State. During the year 2004-
2005 for which an amount of Rs. 12.75 lakhs was disbursed to districts.
The Members of Parliament, Members of Legislative Assembly,
Chairperson and Members of Zilla Panchayat, Members of Nagar
Panchayat, Gram Panchayat, Members of Scheduled Castes and also
persons not belonging to Scheduled Castes participated in the Shivirs in
which information relating to provisions of schemes for Welfare of
Scheduled Castes / Scheduled Tribes and the Act, was distributed. The
community lunch was also organized.
B. AWARD TO PANCHAYATS
Awards are given to the Panchayats for doing outstanding work in
the field of eradication of untouchability. At the district level, the Gram
Panchayats doing outstanding work are awarded Rs. 5000/-, at
Divisional level, Rs. 10,000/- and at the State level, the award is of Rs.
20,000/-.
During the year 2004-2005, an amount of Rs. 1.60 lakhs was
disbursed to districts for award to Panchayats.
14. MAHARASHTRA
LEGAL AID
A Legal Aid Cell at District and Taluka Headquarters is required to
provide legal assistance to all economically weaker sections of society
having annual income below Rs. 6,000/-.
INTER-CASTE MARRAIGES
An incentive of Rs. 15000/- per couple is provided for marriages
between Savarna Hindu and Scheduled Castes/ Scheduled Tribes and
Vimukta Jaties/ Nomadic Tribes. 50% of the amount is invested in small
saving schemes.
During the year 2004 – 2005, an expenditure of Rs. 115.82 lakhs
was incurred to cover 769 beneficiaries.
IDENTIFICATION OF UNTOUCHABILITY PRONE AREAS
The Police Department has prepared a list of untouchability prone
areas and they keep an observation on these areas. The District wise
information of the number of villages for the calendar year 2004 is given
below: -
[Link]. Name of Partially Highly Less Total
District Sensitive Sensitive Sensitive
1 2 3 4 5 6
1. Mumbai - - - -
2. Sindhudurg - - - -
3. Thane - - - -
4. Raigad - - - -
5. Ratnagiri - - - -
6. Nasik - - - -
7. Dhule 24 - - 24
8. Jalgaon 8 15 - 23
9. Nandurbar 12 - 11 23
10. Ahmednagar 1 3 - 4
11. Pune 8 - 5 123
12. Satara - - 2 2
13. Sangli - - 59 59
14. Solapur 7 7 2 16
15. Kolhapur 16 - - 16
16. Amravati - 25 244 269
17. Yavatamal 55 - - 55
18. Buldhana - 23 107 130
19. Akola - 10 14 24
20. Nagpur - 30 30 60
21. Wardha 7 9 - 16
22. Bhandara 24 - - 24
23. Gondia 14 6 - 20
24. Chandrapur 26 22 - 48
25 Aurangabad 15 10 5 30
26. Jalana - - - -
27. Beed 21 4 6 31
28. Parbhani - 103 - 103
29. Hingoli - - - -
30. Nanded - - 120 120
31. Osmanabad 5 14 12 31
32. Latur - - 41 41
33. Washim 15 5 6 26
34. Gadchiroli 13 9 - 22
35. Mumbai - - - -
PCR CELL
A Special PCR Cell under the Home Department is required to visit
the places where the untouchability offences take place and investigate
the cases registered under the Act and submit the report to the
Government.
COMMITTEES
The State Level Vigilance Committee under the Chief
Minister reviews implementation of the Act. Likewise, District, Level
Vigilance Committee headed by District Magistrate also reviews
implementation of the Act.
PUBLICITY
1. PARISHAD
The State level, Division level and District level Samata Parishads
are being arranged every year.
2. Participation of Youth
With a view to involve students in the movement of eradicating
social evils, Yuwa Samata Parishad was held in each district.
a) Eloquence Competition
Such competitions through schools and colleges are organized by
Special District Social Welfare Officers every year. The winners are
encouraged by giving cash prizes. An expenditure of Rs. 01.53 lakhs was
incurred for this competition.
b) Essay Competition
Special District Social Welfare Officers conduct the essay
competitions at school and college level every year. The winners are given
cash prizes. An expenditure of Rs. 01.53 lakhs was incurred for this
competition.
c) Sensitization of Village Workers & Officers
During the year 2004, a programme for sensitization of village level
workers and officers was undertaken. One-day workshop was organized
at 352 Panchayat Samittee Level. Sarpanch, Secretary and Members of
Gram Panchayat, Talathi & Police Patil of village and Police employees of
Police Stations attended the workshops. An expenditure of Rs. 42.03
lakhs was incurred on organizing these workshops during the year.
3. A Fort Night Programme on eradication of untouchability is
arranged during Dr. Babasaheb Ambedkar Anniversary (14 April to 1st
May). During the Samata fortnight, various programmes are arranged by
Zilla Parishad in villages of the concerned district.
15. ORISSA
LEGAL AID
Legal aid is provided to persons belonging to Scheduled Castes
under the Legal Aid and Advice Scheme, 1981, administered by the Law
Department. Besides, the Scheduled Caste and Scheduled Tribe litigants
are also given legal aid under legal aid scheme operated by the
Scheduled Tribes and Scheduled Castes Development Department to
fight cases for establishing their right, titles and possession over the
disputed land and also for the cases under the Act. An amount of Rs.
36,000/- for five Scheduled Caste persons and Rs. 60,300/- for three
Scheduled Tribe persons was allotted during 2004-2005.
APPOINTMENT OF OFFICERS
The District Human Rights Protection Cell in each of 32 Police
Districts is required to inter-alia, deal with cases under the Act. The
work of these Cells is monitored and supervised by the Additional
Director General of Police HRPC, Cuttack, Orissa.
INTER CASTE MARRIAGES
Cash incentive @ Rs. 3,000/- per couple is provided for inter-caste
marriages between caste Hindus and Scheduled Castes for social
integration and removal of untouchability. During 2004 – 2005, an
amount of Rs. 45,000/- was allotted to 15 couples.
PUBLICITY MEASURES
Copies of the Act translated into Oriya were circulated amongst
various Departments and functionaries. Wide publicity was also given by
the Information and Public Relations Department through various mass
media about evil practice of untouchability and provisions of the Act.
During 2004-2005, an amount of Rs.29,475/- was provided for the
Publicity Programmes.
Leading Non – official Organizations working at the State / District
level for Welfare and upliftment of Scheduled Castes and Scheduled
Tribes are given grants to supplement efforts in doing work for creating
awareness against the evil practice of untouchability and in bringing
social harmony through posters, handbills, group discussions, staging of
dramas at important public places and helping the Scheduled Caste
persons for entry into the public places like hotels, temples, and drinking
water sources etc.
16. PUNJAB
LEGAL AID
Free legal is provided by Punjab Legal Services Authority to
members of Scheduled Caste irrespective of their income to file and
defend a case.
PUBLICITY
Wide publicity of the provisions of the Act was made by way of
organizing seminars, debates and mass lunch at block level. 350
Seminars were organized under the Act. Publicity of welfare schemes was
also done through advertisements in various newspapers. 17,000 folders,
booklets got printed on various programmes were distributed free of cost
among the masses so that people can avail benefits of schemes. Boards
and Hoardings were installed in nine districts of the State, highlighting
the provisions of this Act.
INTER-CASTE MARRIAGES
As an incentive for inter-caste marriage, a sum of Rs. 25,000/-is
given to each couple where one of the spouse belongs to Scheduled
Caste.
17. RAJASTHAN
LEGAL AID
The Legal Services are provided to the entitled persons under the
Legal Services Authorities Act, 1987, Rajasthan State Legal Service
Authority Rules, 1995 and Rajasthan State Legal Services Regulation,
1999.
During the calendar year 2004, 1218 Scheduled Castes and 1825
Scheduled Tribes were benefited of legal services in the State.
INTER CASTE MARRIAGES
An incentive amount of Rs. 5,000/- is admissible to an inter-caste
married couple, which is deposited in their Bank account.
APPOINTMENT OF OFFICERS
A Civil Rights Cell is functioning in the Police Headquarters under
the supervision of Inspector General of Police (HR), C.I.D. (C.B.). Apart
from this Cell, 21 Special Cells are also working in the State under the
supervision of Deputy Superintendent of Police for investigation of cases
under the Act.
18. TAMIL NADU
SPECIAL COURTS
Fur Special Courts at Madurai, Trichy, Thanjavur and Tirunelveli
take up trial cases under the Protection of Civil Rights Act, 1955 and the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989. Besides this, eleven designated courts also try offences under
these two Acts.
PCR CELL
The Protection of Civil Rights Act, 1955, is being enforced not only
by all the Police Stations in Tamil Nadu but also by 35 Special PCR
Mobile Squads located at each of 35 District headquarters. For effective
enforcement, each mobile squad headed by an Inspector of Police, 1 Sub-
Inspector of Police, 3 Head Constables, 2 Police Constables is functioning
for prevention and detection of cases.
2. For collection of statistical information under the Act, a statistical
unit consisting of 1 Statistical Inspector is attached to each mobile squad
and assisted by the staff of PCR units.
3. The Additional Director General of Police, Social Justice CID and
the Deputy Inspector General of Police, Human Rights, Social Justice
CID Chennai monitor the enforcement of the Protection of Civil Rights
Act, 1955 and also supervise the functioning of the PCR Mobile squads.
The Director General of Police, Social Justice CID has been provided with
necessary staff. Seven Supervisory squads also exist, each headed by a
Deputy Superintendent of Police with the supporting staff, at Chennai,
Trichy, Madurai, Villupram, Thanjavur, Ramanthampuram and
Thirunelveli.
SURVEYS
Survey has been a regular feature in Tamil Nadu. A post of
Statistical Inspector has been specially created in the PCR Units in all
the Districts / Commissionerates for this purpose. To supervise the
survey works, two posts (an Economist and a Sociologist) exist in the
office of the Additional Director General of Police, Social Justice CID,
Chennai.
2. 180 Villages have been identified as atrocity / dormant atrocity
prone Villages. In these Villages, every year, a survey is conducted to
check availability of basic amenities like.
a) Link Road
b) Street lights
c) Pathway to burial grounds
d) Drinking Water
3. Whenever any petitions are received from any Scheduled Caste and
Scheduled Tribe alleging discrimination, an enquiry report is called for. If
the enquiry reveals any discrimination, it is ensured that not only the
registration of cases but a survey of those villages is also conducted.
4. Lack of basic amenities and other grievances are listed out and a
report is sent to the District Collector for necessary action.
PUBLICITY & TRAINING PROGRAMMES FOR SENSITISING POLICE
The provisions of the Act have been incorporated in the curriculum
of the Police Training College to familiarize the police personnel during
their training period. Periodical training classes are also conducted in the
Police Training College throughout the year for all ranks.
The Social Justice, CID, Chennai with the cooperation of ANITRA,
a Non-Governmental Organization organized workshops at Madurai,
Tirunelveli, Trichy and Salem during the reported period. The benefits of
the welfare schemes were also highlighted in addition to safeguards
under the Protection of Civil Rights Act, 1955 and the Scheduled castes
and the scheduled Tribes (Prevention of Atrocities) Act, 1989.
Adequate numbers of Tamil version of the Protection of Civil Rights
Act, 1955 were printed and distributed to all Public Prosecutors,
members of Vigilance and Monitoring Committee, Non-Governmental
Organizations and PCR Wings in Tamil Nadu.
19. TRIPURA
APPOINTMENT OF OFFICERS
Sub-Divisional Officers of the Sub-Divisions and Sub Deputy
Collectors (Circle Officers of Revenue Circles) have been appointed for
initiating and exercising supervisions over prosecutions for contravention
of the provisions of the Act.
The first class Judicial Magistrates have also been empowered to
hold special courts for the trial of offences under the Act.
PUBLICITY
In the State, wide publicity to the provisions of the Protection of
Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989 was given through hoardings
during the year.
20. UTTARANCHAL
LEGAL AID
The concerned District authorities provide free legal aid in all
Districts of the State.
OTHER MEASURES
Though no specific area has been identified as untouchability
prone area in Uttaranchal but the District Administration remains
vigilant and as and when an incident occurs, immediate action is taken.
The State Government has also given directions to all Districts Collectors
and District Superintendents of Police that provisions of the Act should
be effectively implemented and the social integration should be promoted
in various functions, meetings, village meetings etc.
21. UTTAR PRADESH
LEGAL AID
Free legal aid is provided to Scheduled Castes and Scheduled
Tribes and financial assistance is also provided for expenditure incurred
in connection with related court cases. For this, State level and District
level Committees have been set up.
APPOINTMENT OF OFFICERS
For effective implementation of the Act, a Special Investigation Cell
is functioning under the charge of an Additional Director General of
Police. This Cell comprises of an Inspector General of Police, Deputy
Inspector General of Police, Superintendent of Police, Additional
Superintendent of Police and nine Deputy Superintendents of Police.
Besides this Cell, a Special Investigation Cell functions in 20 Districts of
Uttar Pradesh.
COMMITTEES
A District Level Monitoring Committee under the District Collector
reviews implementation of the Act.
SPECIAL COURTS
For trial of offences under the Protection of Civil Rights Act, 1955,
in each district, the Court of Chief Judicial Magistrate / Judicial
Magistrate has been designated as Special Court.
22. WEST BENGAL
Untouchability is not practiced in the State from 1996 onwards
and not a single case was reported under the Protection of Civil Rights
Act, 1955. As such, the State Government did not find it necessary to
provide for any special arrangement.
PUBLICITY
Publicity was given through Panchayats and leaflets.
23. ANDAMAN AND NICOBAR ISLANDS
There is complete communal harmony in the Andaman and
Nicobar Islands, irrespective of caste, creed and religion. There is no
specific area in the Islands wherein members of Scheduled Castes are
exclusively residing. Further, no case under the Act was registered in the
Union Territory during the period.
24. CHANDIGARH ADMINISTRATION
LEGAL AID
Rules for providing legal aid to Scheduled Castes have been
formulated and necessary budgetary provision has also been made.
However, no expenditure was incurred during the calendar year 2004, as
no case was received for legal aid.
INTER CASTE MARRIAGES
An incentive amount of Rs. 5,000/- is provided to an inter-caste
married couple under the Scheme. However, no case was received during
the calendar year 2004.
SPECIAL COURTS
The Court of Additional Session Judge, Chandigarh has been
specified as Special Court to try the offences under the Act in
Chandigarh. No case has been registered during the year 2004.
PCR CELL
The PCR Cell is working effectively in Chandigarh.
PUBLICITY
Chandigarh Administration undertakes publicity measures
to create awareness among the public about eradication of evil practice of
untouchability.
25. DADRA AND NAGAR HAVELI
LEGAL AID
Under the Legal Aid Scheme, Scheduled Castes and Scheduled
Tribes can obtain legal aid for contesting cases of offences of atrocities.
COMMITTEES
The District Level Vigilance and Monitoring Committee under the
Chairpersonship of the Collector monitors the cases under the Act.
26. DAMAN & DIU
LEGAL AID
“Free Legal Aid and Advise Board” has been constituted in the
Union Territory.
PROTECTION OF CIVIL RIGHTS CELL
The PCR Cell attends to the work relating to the Act.
27. DELHI
LEGAL AID
During the calendar year 2004, no applications were received for
financial assistance under the Act
PROTECTION OF CIVIL RIGHTS CELL AND COMMITTEES
Due to a less number of cases registered in the National Capital
Territory (NCT) of Delhi under the Act, the Government of National
Capital Territory of Delhi has not set up any PCR Cell and Committees.
28. PONDICHERRY
LEGAL AID
Legal Aid is provided to where cases are registered by the PCR Cell
based on the complaints. The affected persons, therefore, need not
engage lawyers to conduct their cases in courts for claiming
compensation.
SPECIAL COURTS
The Judicial Magistrates of three Regions of the Union Territory
namely Pondicherry, Karaikal and Yanam try the offences under the Act.
PCR CELL
The PCR Cell is functioning directly under the control of Supdt. of
Police in the three enclaves of the Union Territory of Pondicherry namely
Pondicherry, Karaikal and Yanam. The Cell is registering cases under the
Protection of Civil Rights Act, 1955. In addition to the investigation and
prosecution of criminal cases under the Act, the Officers of the Cell also
make enquiries on complaints and undertake other activities such as
collection of intelligence about the atrocities, ill treatment and practice of
untouchability both in Urban and Rural areas. They also visit rural and
urban areas.
The cases registered under the Protection of Civil Rights Act, 1955,
are investigated by Inspector and Sub-Inspector of Police under the
supervision of the Superintendent of Police (PCR Cell), Pondicherry. The
Assistant Public Prosecutor conducts the cases in the appropriate Courts
in all the above Regions.
The Inspector General of Police, Pondicherry reviews the working of
the provisions of the Protection of Civil Rights Act, 1955 during the
monthly crime meetings.
The Secretary (Welfare) also conducts quarterly reviews meetings to
review the progress of the cases registered under the Act.
IDENTIFICATION OF UNTOUCHABILITY PRONE AREAS
In the Union Territory, no untouchability prone area has been
identified. However, preventive measures are being continued in all the
villages where persons belonging to Scheduled Caste and Scheduled
Tribe are residing.
The PCR Cell circulates leaflets detailing the rights of the
Scheduled Castes / Scheduled Tribes members as well as penal
provisions of the Protection of Civil Rights Act, 1955.
29. OTHER STATES
No case was reportedly registered under the Act during the
year 2004 in the States of Arunachal Pradesh, Manipur, Meghalaya,
Mizoram, Nagaland, Sikkim and Lakshadweep.
*****
ANNUAL REPORT
ON
THE PROTECTION OF CIVIL RIGHTS ACT,
1955 FOR THE YEAR 2004
GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
NEW DELHI
PAGE No.
1. CHAPTER - 1
INTRODUCTION 1
2. CHAPTER - 2
STATISTICAL PROFILE OF 2–5
STATE GOVERNMENTS
AND UNION TERRITORY
ADMINISTRATIONS
3 CHAPTER - 3
MEASURES TAKEN BY 6–9
GOVERNMENT OF INDIA
4. CHAPTER - 4
MEASURES TAKEN BY STATE 10 – 34
GOVERNMENTS AND UNION
TERRITORY ADMINISTRATIONS
STATES/UNION TERRITORY ADMINISTRATIONS
1. ANDHRA PRADESH 10 – 11
2. ASSAM 11 – 12
3. BIHAR 12 – 13
4. CHHATTISGARH 13
5. GOA 14
6. GUJARAT 14 – 15
7. HARYANA 15 – 16
8. HIMACHAL PRADESH 16 – 17
9. JAMMU & KASHMIR 17
10. JHARKHAND 17 – 18
11. KARNATAKA 18 – 19
12. KERALA 19 – 20
13. MADHYA PRADESH 20 – 22
14. MAHARASHTRA 22 – 25
15. ORISSA 25 – 26
16. PUNJAB 26
17. RAJASTHAN 27
18. TAMIL NADU 27 – 29
19. TRIPURA 29
20. UTTARANCHAL 29 – 30
21. UTTAR PRADESH 30
22. WEST BENGAL 31
23. ANDAMAN & NICOBAR ISLANDS 31
24. CHANDIGARH ADMINISTRATION 31 – 32
25. DADRA & NAGAR HAVELI 32
26. DAMAN & DIU 32
27. DELHI 32 – 33
28. PONDICHERRY 33 – 34
29. OTHER STATES 34
ANNEXURES I & II
I CASES REGISTERED WITH POLICE AND THEIR 35
DISPOSAL DURING THE YEAR 2004.
II CASES WITH COURTS AND THEIR DISPOSAL 36
DURING THE YEAR 2004.
ii