For the Betterment of Atrocity Act

The social atmosphere of entire Maharashtra goes through tumultuous currents caused by casteist hatred as Nitin Aage, 17, a Dalit boy, brutally massacred in Khardha village of Jamkhed Taluka in Ahmadnagar district. The brutality with which Nitin has murdered, it is difficult to measure the level of terror with which he was killed. For last three years, the increased incidences of atrocities are evident in public sphere. It is the same Ahmadnagar district where the wounds of ‘Sonai massacre’ are still fresh in memories. Within few hours of Nitin has massacred, another shameful incidence has taken place in which a corpse of woman, belong to Matang caste (SC), was refused to be cremated in common crematorium in the village. Followed by these incidences, in the same Ahmadnagar district, in Rahata Taluka, in the village of Kilwad, a house of Buddhist family has been ransacked.

In this so called progressive Maharashtra when the incidences of atrocities are reached to its height, no media seems willing enough to speak about it. Though for two years ‘harassment against women’ has been the main agenda, but still news of harassment and atrocities against Dalit women have not been given space in media or deliberately ignored to be given space.  Nitin Aage massacre is the exception.

On one hand, hopelessness of government and governance, and on the other, incidences of atrocities are being suppressed through interventions by politicians’ in the vengeance and the technicalities of judicial processes by whose use perpetrators are left free. Observing all of these, it is evident that the establishments and criminal justice system is biased of caste-patriarchy. Considering the present condition and after meeting and analysing the experiences shared by the activists who have been working for the rights and justice of Dalits, few dreadful facts are come out. These are following……

 

  1. After the incidence has taken, the crime under Atrocity Act is not being registered because of political pressure.
  2. If the crime has registered after struggle, it isn’t getting registered under appropriate IPC Act and clause; instead it is registered under IPCs and clauses which are not much severe.
  3. If the victims is found woman, then it is fully tried to fame her as characterless and weaken the complaint.
  4. There is carelessness in gathering the findings in police investigation.
  5. Victims is threatened and forced to withdraw the complaint.
  6. Victim as well as witness are terrorised by granting immediate bail to accused.

 

Even if the existed law which is there to prevent and control such incidences and if the incidence has taken place then to punish the convicted with severe punishments so that such incidence will not be repeated, the law has been challenged on many places and facts of increased number of atrocities. Consequently, the numbers of atrocities have been increased against Dalits. it is the need of the time to work on the drawbacks within the law so the that such incidence will not taken place future. In this regard, the program is following…

  1. Establishment of Special courts under the provision of article 14:

Amendment of independent and special courts in the law so that home ministry, state government and social justice department will establish special and independent courts for Schedule Caste and Schedule Tribes to bring speedy justice…

  • Case will be fight by public prosecutor in special/independent and fast-track courts.
  • Public prosecutor will be immediately provided to victims according his/her demand
  • To help victim to appeal in high court and supreme court if the case does not reach to conviction.

Concerned department: Home ministry, social justice and law department

  1. Appointment of SC/ST I.A.S officers under SC/ST (PoA) 1989 as Nodal Officer
  • Appoint the care and control committee under the presidency of Chief Minister to prevent the atrocities against SC/ST under article 16 and 17
  • Through care and control committee, on district and district officer level, prevent the atrocity and immediately help the victim to gain justice
  • Those who are related to home ministry and social justice and law ministry, should monitor the implementation of law, twice in a year (January and July) under the presidency of Chief Minister
  • Immediately establish the Care and Control Committee under the presidency of Chief Minister

Concerned department- Social Justice Department

  1. After atrocities are taken place, do not register complaint under IPC 395 against SC/ST
  • After atrocity has been taken place, under pressure, victim is registered against IPC 395 by Y Police Functionaries/department and though victim has already witnessed the atrocity, has to face trouble again. Thus, government/governance should think seriously on this matter and should not register IPC 395 against victim. If this would happen, then appropriate action should be taken against accused who troubles the victims and police who support them.

Concerned department: Home Minister

  1. Obstacles while registering FIR/Complaint, in investigation and filing accusation-affidavit
  • Governance/ Government should vigil over, Delaying in registering the complaint or N.C, not registering complaints under appropriate articles. Do not take complaints of SC/ST PoA 1989 Act, law 1995. Ignore some important facts of incidence, do not write the name of main accuses, threatening the victims, do not arresting the accused immediately, file wrong complaints against victims etc
  • Investigation should be done by DYSP level officers only
  • Do not reject the SC/ST PoA 1989 Act, Law 1995 while filing accusation-affidavit
  • Do not force victims to adjust
  • Accusation-affidavit should file within 90 only without delaying
  • Immediately send the medical report.

Concerned department: home ministry

  1. Compensation should be given immediately
  • Victims should be given enough and immediate compensation as per the law
  • Victim and witness should be given travelling/housing allowance
  • Victim should not be troubled on following causes: no funds for victim, having no caste certificate, if not file the accusation affidavit or victims doesn’t acquire FIR copy or medical report.

Concerned department: social justice and empowerment ministry

  1. Implement the given provisions under SC/ST PoA 1989 Act, Law 995
  • Appoint the Nodal officer on state and district level under the article 9 and 19
  • Take preventive measures under the article 3 (1) (11) to prevent the atrocity
  • Establish special court under article 14. Currently, Gujarat, Madhya Pradesh, Andhra Pradesh, Bihar, Tamilnadu have established such special courts.
  • Establish consciousness awareness centres under article 10 (2), to train the related officer. Counsel the people in atrocity prone area. Consciousness awareness should be done through NGOs. This would be done by, provision of funds, awareness, printing literature, posters, banners, pamphlets etc
  • Action should be taken against office who delays or not performing his duties.

Concerned department: social justice department, home ministry and finance ministry.

By mapping and observing the entire social conditions in Maharashtra for last week and so, it could be noted that the social atmosphere has been polluted. After incidence of atrocity has been taken place, it is obvious to see impatience and turmoil in society. Youth sometime form the extreme views on this. Sometime language of violence could be spoken. But violence cannot solve the incidences of atrocities nor can find any solution. The existing law SC/ST PoA 1989 which is meant to prevent atrocities seems fails on many occasions. The established authorities/governance has always been under suspicion. Therefore if people those who are in the movement go on to take violent measures to gain justice, then it would be no surprise. Government should make provisions to prevent such possibilities, so that in the given incidences, the process of gaining justice and to prevent such incidence will be solve in speedy ways.

Vaibhav Chhaya

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s