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REPORTABLE  

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

WRIT PETITION (CIVIL) No. 140 of 2006  

NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS.  

.... Appellant(s) Versus

UNION OF INDIA & ORS.   

….Respondent

J U D G M E N T

L. NAGESWARA RAO, J.

“I do not want to be reborn, but if  I  am reborn, I

wish  that  I  should  be  born  as  a  Harijan,  as  an

untouchable,  so  that  I  may  lead  a  continuous

struggle, a lifelong struggle against the oppressions

and indignities that have been heaped upon these

classes of people”. – Mahatama Gandhi   

The  Petitioners  who  are  voluntary  organisations  are

continuing  the  struggle  for  emancipation  of  members  of

Scheduled  Castes  and  Scheduled  Tribes.   The  Petitioners

have  filed  this  Writ  Petition  aggrieved  by  the

non-implementation of the Scheduled Castes and Scheduled

Tribes  (Prevention  of  Atrocities)  Act,  1989  (hereinafter

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referred  to  as  ‘the  Act’)  and  the  rules  made  thereunder,

seeking the following reliefs:

A. “Issue a writ of mandamus or any other appropriate

writ,  order  or  direction,  directing the Respondents to

set up special officers, nodal officers and protection cell

as required under the Act forthwith.

B. Pass an order directing the nodal officer to investigate

every case where a complaint is made to him regarding

negligence  of  a  police  officer,  where  the  FIRs  are

illegally no registered or registered improperly, where

charge sheets are filed late, where the investigation is

done by an officer lower in rank than a Dy. SP, and to

take  action  against  the  officer  concerned  for  acting

contrary to the provisions of the Act in accordance with

law.

C. Pass an order directing the Respondents to file status

reports on filing charge-sheets in SC/ST (PoA) Act of

1989 cases and duration that have taken in last five

years.

D. Pass  an  order  directing  the  Respondents  to  set  up

separate  Special  Courts  for  each  district  within  six

months

E. Pass an order directing the Respondent to file status

reports  on  registration  of  FIR’s  against  the  erring

officials under Section 4 of the Act.

F. Pass  an  order  directing  the  Respondents  to  identify

and notify atrocity prone areas and to take appropriate

action in accordance with law immediately.

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G. Pass an order directing the Respondents to file status

reports on the cases they registered against SC/STs

after  the  SC/ST  lodged complaint  and status  of  the

cases.  

H. Pass an order directing the judicial officers to carefully

monitor all cases in their jurisdiction to ensure that he

cases are given top priority and speedy justice is done

for the victims of caste atrocities & to make a report

every six months to the High Court.

I. Pass  an  order  directing  the  District  Magistrate  to

review the performance of  Special  Public  Prosecutors

every month & report to their respective High Court.

J. Pass an order directing the Respondent to file status

reports  of  the  public  prosecutors’  performance

regarding SC/ST cases with a period of six months.

K. Pass  an  order  directing  the  District  Magistrates  to

appoint senior Advocate for prosecution if the victim so

desires.  

L. Pass  an  order  directing  the  Respondent  to  appoint,

wherever possible, public prosecutors from the SC/ST

caste  and  If  possible  SC/ST  women  advocates  and

impart periodic training.  

M.  Pass an order directing all judicial officers to play a

proactive  role  during  the  trial  to  ensure  that  the

prosecution conducts itself competently and nothing is

done to result in any disservice to the victims.

N. Pass  an  order  directing  the  Respondents  and

particularly the Director  of  Prosecutions to review all

cases of acquittal by the Special Courts over the last

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five years which have not been carried in appeal, and

to take immediate steps in accordance with law.

O. Pass  an  order  directing  all  judicial  officers  to  pay

particular attention for cases where the accused have

not been arrested.

P. Pass an order directing all  judicial  officers to ensure

that no pressure whatsoever is brought to bear on the

victims or their  witnesses to force them to withdraw

from prosecution.

Q. Pass an order directing the Respondents to instruct the

special public prosecutors to file for cancellation of bail

where  the  same  is  contrary  to  the  purpose  and

objective of the Atrocities Act.

R. Pass  an  order  directing  the  Chief

Secretary/Administrators  of  the  Respondents

State/UT’s  to  enquire  into  the  performance  of  the

Superintendents of Police and the Collectors of every

district  where  atrocities  are  frequently  reported and,

wherever justified, punish such officers for not acting

promptly and in accordance with the law.

S. Pass an order  directing  the  Respondents to  frame a

rehabilitation package forthwith in accordance with the

Act and Rules.

T. Pass an order directing the Respondents to set up Dalit

Legal  Aid  Centers  operated  by  Dalit  lawyers  and

funded by the State Legal Aid Services Authority.

U. Pass  an  order  directing  the  State  Governments  to

implement the SC & SC (PoA) Act of 1989 fully (West

Bengal)

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V. Pass an order directing the Police officers to apply their

minds to all the provisions of Section 3(1)(i) to 3(1)(xv)

while registering FIRs.

W. Pass  an  order  directing  the  Respondent  that  on  a

complaint  being  made  by  the  victim  of  a

social/economic  boycott,  the  Bail  of  the  accused  be

cancelled  and  strict  action  including  criminal

prosecution taken against the officials by the District

Magistrates and the presiding officers. (Compensation

to be paid by the state)

X. Pass an order directing the Respondents to file status

reports  on  compensation  and  allowances  paid  and

remaining to be paid under the provisions of the Act for

the  last  five  years  and  to  make  payments  of

compensation wherever due forthwith.

Y. Pass an order directing the Respondents to revised and

increase  the  applicable  compensation  rates  and

realistic and current market prices terms.

Z. Pass  an  order  directing  the  Respondents  to  appoint

leading  members  of  reputed  organizations  active  in

there are of Dalit rights on the Monitoring and Vigilance

Committees throughout the State to which at least 50%

should  consist  of  women  members  throughout  the

State.

AA. Pass an order directing the Respondents to implement

the provision  relating  to  imposition  of  collective fines

wherever applicable under this Act.

BB. Pass  an  order  directing  the  Respondents  for  the

implementation of the NHRC Report 2002.

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Pass  such  other  order(s)  or  direction(s)  or  writ(s)  as

deemed fit and proper;”

2. Mr. Colin Gonsalves, learned Senior Counsel appearing for

the Petitioners submitted that he is, at present, praying for four

directions from this Court which are as follows:

“A. Issue  a  writ  of  mandamus  or  any  other

appropriate writ,  order or direction, directing the

Respondents  to  set  up  special  officers,  nodal

officers and protection cell as required under the

Act forthwith. F.   Pass an order directing the Respondents to identify

and  notify  atrocity  prone  areas  and  to  take

appropriate  action  in  accordance  with  law

immediately. S. Pass an order directing the Respondents to frame

a rehabilitation package forthwith in accordance

with the Act and Rules. X. Pass  an  order  directing  the  Respondents  to  file

status  reports  on  compensation  and  allowances

paid  and  remaining  to  be  paid  under  the

provisions of the Act for the last five years and to

make  payments  of  compensation  wherever  due

forthwith.”

3. The  Preamble  to  the  Constitution  of  India  provides  for

social, economic and political justice and equality of status and

opportunity  to  all  its  citizens.  Article  15  of  the  Constitution

prohibits discrimination on the grounds of religion, race, caste,

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sex or place of birth.  Untouchability is abolished and its practice

in any form is forbidden by Article 17 of the Constitution. The

enforcement of any disability arising out of untouchability as per

Article 17 shall be an offence punishable under the law. Article

46 reads as under:

“Article 46. Promotion of educational and economic  interests  of  Scheduled  Castes, Scheduled  Tribes  and  other  weaker sections- The  State  shall  promote  with  a special  care  the  education  and  economic

interests of the weaker sections of the people,

and,  in  particular,  of  the  Scheduled  Castes

and the Scheduled Tribes , and shall protect

them  from  social  injustice  and  all  forms  of

exploitation.”

Articles  338  and  338A  of  the  Constitution  provide  for

constitution of National Commissions for Scheduled Castes and

Scheduled Tribes respectively. The relevant portions of Articles

338 and 338A are as under:  

“Article 338.  National  Commission  for Scheduled Castes.  

(1) There shall  be a Commission for the Scheduled

Castes to be known as the National Commission for

the Scheduled Castes.  *               *               *

(5) It shall be the duty of the Commission—  

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(a) to investigate and monitor all matters relating

to the safeguards provided for the Scheduled

Castes under this Constitution or under any

other law for the time being in force or under

any order of the Government and to evaluate

the working of such safeguards; (b) to inquire into specific complaints with respect

to the deprivation of rights and safeguards of

the Scheduled Castes;  (c) to  participate  and  advise  on  the  planning

process of socio-economic development of the

Scheduled  Castes  and  to  evaluate  the

progress of their development under the Union

and any State;  (d) to present to the President, annually and at

such  other  times  as  the  Commission  may

deem fit,  reports  upon the  working  of  those

safeguards;  (e) to make in such reports recommendations as

to the measures that should be taken by the

Union  or  any  State  for  the  effective

implementation of those safeguards and other

measures  for  the  protection,  welfare  and

socio-economic development of the Scheduled

Castes; and  (f) to discharge such other functions in relation to

the protection, welfare and development and

advancement of the Scheduled Castes as the

President  may,  subject  to  the  provisions  of

any law made by Parliament, by rule specify.  

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(6) The President shall cause all such reports to be

laid before each House of Parliament along with a

memorandum  explaining  the  action  taken  or

proposed  to  be  taken  on  the  recommendations

relating  to  the  Union  and  the  reasons  for  the

non-acceptance,  if  any,  of  any  of  such

recommendations.  

Article 338A. National Commission for  Scheduled Tribes.  

(1) There shall be a Commission for the Scheduled

Tribes to be known as the National Commission for

the Scheduled Tribes.  *               *               *

(5) It shall be the duty of the Commission—

(a) to investigate and monitor all matters relating

to the safeguards provided for the Scheduled

Tribes  under  this  Constitution  or  under  any

other law for the time being in force or under

any order of the Government and to evaluate

the working of such safeguards;  

(b) to inquire into specific complaints with respect

to the deprivation of rights and safeguards of

the Scheduled Tribes;  

(c) to  participate  and  advise  on  the  planning

process of  socio-economic development of the

Scheduled Tribes and to evaluate the progress

of their development under the Union and any

State;  

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(d) to  present  to  the President,  annually  and at

such other times as the Commission may deem

fit,  reports  upon  the  working  of  those

safeguards;

(e) to make in such reports recommendations as

to the measures that should be taken by the

Union  or  any  State  for  the  effective

implementation of those safeguards and other

measures  for  the  protection,  welfare  and

socio-economic development of  the Scheduled

Tribes; and  

(f) to discharge such other functions in relation to

the protection,  welfare and development  and

advancement of  the Scheduled Tribes as the

President may, subject to the provisions of any

law made by Parliament, by rule specify.  *               *               *

(8)  The Commission shall,  while  investigating  any

matter referred to in sub-clause (a) or inquiring into

any complaint referred to in sub-clause (b) of clause

(5), have all the powers of a civil court trying a suit

and in particular in respect of the following matters,

namely:—

(a) summoning  and  enforcing  the  attendance  of

any  person  from  any  part  of  India  and

examining him on oath;  

(b) requiring the discovery and production of any

document;  

(c) receiving evidence on affidavits;  

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(d) requisitioning any public record or copy thereof

from any court or office;

(e) issuing  commissions  for  the  examination  of

witnesses and documents;  

(f) any other matter which the President may, by

rule, determine.”

4. A brief historical background of the National Commission

for Scheduled Castes and Scheduled Tribes as stated in the

Annual  Report  submitted  to  the  Parliament  by  National

Commission for Scheduled Castes in the year 2014-15 is as

follows:

“For  effective  implementation  of  various

safeguards provided in the Constitution for the

welfare  of  Scheduled  Castes  and  Scheduled

Tribes  (SCs  and  STs)  and  in  various  other

protective  legislations,  the  Constitution

provided for appointment of a Special  Officer

under  Article  338  of  the  Constitution.  The

Special  Officer  who  was  designated  as

Commissioner  for  Scheduled  Castes  and

Scheduled  Tribes  was  assigned  the  duty  to

investigate  all  matters  relating  to  the

safeguards  for  SCs  and  STs,  provided  in

various statutes, and to report to the President

of India on the working of these safeguards. In

order  to  facilitate  effective  functioning  of  the

office  of  the  Commissioner  for  Scheduled

Castes  and  Scheduled  Tribes,  17  regional

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offices of the Commissioner were also set up in

different  parts  of  the  country.  On  persistent

demand of the Members of Parliament that the

Office  of  the  Commissioner  for  Scheduled

Castes  and Scheduled Tribes  alone was not

enough  to  monitor  the  implementation  of

Constitutional  safeguards,  a  proposal  was

mooted for  amendment  of  Article  338  of  the

Constitution  (Forty-sixth  Amendment)  for

replacing  the  arrangement  of  one  Member

system  with  a  Multi  Member  system.  The

Government thereafter through a resolution in

1987  decided  to  set  up  a  Multi-Member

Commission,  which  was  named  as  National

Commission  for  Scheduled  Castes  and

Scheduled  Tribes.  Consequent  upon  the

Constitution  (Eighty-Ninth  Amendment)  Act,

2003  coming  into  force  on  19.02.2004,  the

erstwhile National Commission for Scheduled

Castes  and  Scheduled  Tribes  has  been

replaced  by  (1)  National  Commission  for

Scheduled  Castes  and  (2)  National

Commission for Scheduled Tribes. The Rules of

the National Commission for Scheduled Castes

was  notified  on  20  February,  2004  by  the

Ministry of Social Justice & Empowerment.”1

1

 Annual Report 2014-15 National Commission for Scheduled Castes

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The duties  of  the National  Commission are  provided in the

Rules of Procedure of the National Commission for Scheduled

Castes. Chapter III of the said Rules deals with investigation

and inquiry by the Commission. The relevant provisions are as

follows:

“7.0  Investigation  and  Inquiry  by  the Commission

7.1 The Commission shall function by holding ‘sittings’  and  ‘meetings’  at  any  place  within

the country and also through its officers at the

Headquarters  and  in  the  State  Offices.  The

Members  of  the  Commission  including  the

Chairperson  and  the  Vice-Chairperson  shall

function  in  accordance  with  the  procedure

prescribed under these rules. *               *               *

7.2.  (a)  Investigation and Inquiry by the Commission directly.

7.2.(a) i The Commission may hold sittings for

investigation  into  matters  relating  to

safeguards,  protection,  welfare  and

development  of  the  Scheduled  Castes  for

inquiry into specific  complaints for which the

Commission decided to  take up investigation

or inquiry directly. Such sittings may be held

either at the Headquarters of the Commission

or at any other place within the country. *               *               *

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7.5 Inquiry into cases of atrocities

7.5.1 Whenever information is received in the

Commission  about  any  incident  of  atrocity

against  a  person  belonging  to  Scheduled

Castes,  the  Commission  would  immediately

get  in  touch  with  the  law  enforcing  and

administrative machinery of the State and the

district to ascertain the details of incident and

the action taken by the district administration.

If  after  detailed  inquiry/investigation;  the

Commission  finds  substance  in  the

allegation/complaint  regarding  atrocity,  the

Commission  may  recommend  to  file  an  FIR

against  the  accused  with  the  concerned

law-enforcing agency of the State/District.  In

such  cases,  the  State  Government/District

Administration/Police Personnel may be called

with three days through the summons.”

Chapter VIII of the Rules provides for the monitoring functions

of the Commission which are as under:

“15.0  Monitoring  Functions  of  the Commission  

15.1 The Commission to determine   subjects for monitoring  

The Commission  may determine  from time  to

time the subjects or matters and areas that it

would monitor relating to safeguards and other

socio-economic development measures provided

for  the  Scheduled  Castes  under  the

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Constitution or under any other law for the time

being in force or under any order of the Govt. *               *               *

16.0 Follow-up action  

16.1 In order to ensure that monitoring is done

effectively,  the  Commission,  after  getting  the

information  as  prescribed  in  the  above  rules

and after  reaching conclusions, may as early

as  possible  send  out  communications  to  the

concerned  authority  describing  the

shortcomings  that  have  been  noticed  in  the

implementation  of  the  safeguards  and

suggesting  corrective  steps.  Decisions  on

sending  out  such  a  communication  may  be

taken at  a  level  not  lower  than that  of  Joint

Secretary/Secretary  at  Headquarters.

Directors-in-Charge  of  State  Offices  may take

decisions on routine matter whereas they will

seek  approval  of  the  Secretary  and  the

concerned Member on complex and important

matters  affecting  the  interest  of  Scheduled

Castes as a group.

16.2  The  Commission  may  ask  for  the

comments  of  the  concerned  authority  on  the

action  taken  in  pursuance  of  the

communications sent under the Rule 76.

16.3 The Commission may include in its Annual

Report  or  any  Special  Report,  findings  and

conclusions arrived at  through the  process  of

monitoring  of  the  subjects  relating  to  the

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safeguards  and  socio-economic  development

measures  provided  for  the  Scheduled  Castes

under the Constitution or under any other law

for the time being in force or under any order of

the Union/State Government.”

5. Article 39A of the Constitution provides for free legal

aid to ensure that opportunities for securing justice are not

denied  to  any  citizen  by  reason  of  economic  or  other

disabilities.  The  Legal  Services  Authorities  Act,  1987

(hereinafter  referred  to  as  “the  LSA  Act”) was  enacted  to

constitute special authorities for providing free and competent

legal services to weaker sections of the society. Section 4 (m)

of  the  LSA  Act  provides  for  special  efforts  to  be  made  for

enlisting the support of voluntary social welfare institutions,

particularly among Scheduled Castes and Scheduled Tribes.

Section 12 of the LSA Act provides for free legal  aid to the

Scheduled Castes and Scheduled Tribes.

6. One of the purposes of the United Nations is to promote

and encourage respect for and observation of human rights and

fundamental freedoms for all, without distinction as to race, sex,

language or religion. Article 1 of the International Convention on

the  Elimination  of  All  Forms  of  Racial  Discrimination,  1966

(ICERD) is as under:

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“Article 1

1.  In  this  Convention,  the  term  "racial

discrimination"  shall  mean  any  distinction,

exclusion,  restriction  or  preference  based  on

race,  colour,  descent,  or  national  or  ethnic

origin  which  has  the  purpose  or  effect  of

nullifying  or  impairing  the  recognition,

enjoyment or exercise, on an equal footing, of

human  rights  and  fundamental  freedoms  in

the political, economic, social,  cultural or any

other field of public life.

2.  This  Convention  shall  not  apply  to

distinctions,  exclusions,  restrictions  or

preferences  made  by  a  State  Party  to  this

Convention between citizens and non-citizens.

3.  Nothing  in  this  Convention  may  be

interpreted as affecting in any way the legal

provisions  of  States  Parties  concerning

nationality,  citizenship  or  naturalization,

provided  that  such  provisions  do  not

discriminate  against  any  particular

nationality.

4. Special measures taken for the sole purpose

of  securing adequate advancement of  certain

racial or ethnic groups or individuals requiring

such protection as may be necessary in order

to  ensure  such  groups  or  individuals  equal

enjoyment  or  exercise  of  human  rights  and

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fundamental  freedoms  shall  not  be  deemed

racial  discrimination, provided, however, that

such measures do not, as a consequence, lead

to  the  maintenance  of  separate  rights  for

different racial groups and that they shall not

be  continued  after  the  objectives  for  which

they were taken have been achieved.”2

Certain  recommendations  on  Article  1  of  the  ICEDR  were

adopted on 1st November 2002 which provide as under:

“  Confirming the  consistent  view  of  the

Committee that the term "descent" in article 1,

paragraph 1,  the Convention does not  solely

refer  to  "race"  and  has  a  meaning  and

application  which  complement  the  other

prohibited grounds of discrimination,

Strongly reaffirming that discrimination based

on  "descent"  includes  discrimination  against

members  of  communities  based  on  forms  of

social  stratification  such  as  caste  and

analogous systems of  inherited status which

nullify  or  impair  their  equal  enjoyment  of

human rights,”3

These recommendations  also  strongly  condemn  decent

based discrimination such as discrimination based on caste.   It

2 International  Convention  on  the  Elimination  of  All  Forms  of  Racial  Discrimination, Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965, entry into force 4 January 1969, in accordance with Article 19

3 CERD  General  recommendation  XXIX  on  article  1,  paragraph  1,  of  the  Convention (Descent), A/57/18 (2002) 111

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is  significant  that  there  was  also  a  recommendation that  the

legislations  and  other  measures  already  in  force  should  be

strictly implemented.  

7. To give effect to Article 17 in its true letter and spirit, the

Parliament  enacted  the  Untouchability  (Offences)  Act,  1955.

Sections  3  to  7  of  the  said  Act  prescribed  punishments  for

enforcing religious, social and any other kind of disabilities on

the  ground  of  untouchability.  There  were  several  complaints

from  various  quarters  of  the  society  about  the  lacunas  and

loopholes in the said Act. Several amendments were made to the

said Act which was rechristened as the ‘Protection of Civil Rights

Act, 1955’. In spite of a major overhaul, it was noticed that the

Protection of Civil Rights Act, 1955 and the Indian Penal Code,

1860  were  inadequate  to  check  the  atrocities  committed  on

Scheduled  Castes  and  Scheduled  Tribes.  The  fact  that  the

Scheduled Castes and Scheduled Tribes remained a vulnerable

group in spite of the introduction of several measures to improve

their socio-economic condition was a matter of deep concern to

the  Parliament.  The  Parliament  acknowledged  that  the

Scheduled Castes and Scheduled Tribes were subject to various

offences, indignities, humiliations and harassments perpetually.

Numerous incidents  of  brutalities  and atrocities  depriving  the

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Scheduled Castes and Scheduled Tribes of their life and property

were a cause of concern for the Parliament. Considering the fact

that there was an increase in the disturbing trend of commission

of atrocities against the Scheduled Castes and Scheduled Tribes,

the  Parliament  enacted  the  Scheduled  Castes  and  Scheduled

Tribes (Prevention of Atrocities) Act, 1989. The Preamble to the

Act reads as under:

“An Act to prevent the commission of offences

of  atrocities  against  the  members  of  the

Scheduled Castes and the Scheduled Tribes,

to provide for special courts for the trial of such

offences and for the relief and rehabilitation of

the victims of  such offences and for  matters

connected therewith or incidental thereto.”

8. The Act enlarges the scope of criminal liability by including

several acts or omissions of atrocities which were not covered by

the Indian Penal Code or the Protection of Civil Rights Act, 1955.

The Act also provides protection to the Scheduled Castes and

Scheduled  Tribes  for  various  atrocities  affecting  social

disabilities,  properties,  malicious  prosecution,  political  rights

and economic exploitation. The Act also provides for enhanced

punishment for  commission of  offences against  the Scheduled

Castes  and  Scheduled  Tribes.  The  minimum  punishment  for

neglect  of  duties  committed  by  a  public  servant  was  also

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increased. Provisions were made for granting minimum relief and

compensation to victims of atrocities and their legal heirs. The

other salient features of the Act include externment of potential

offenders  from  Scheduled  Areas  and  Tribal  Areas  as  well  as

attachment of the properties of the accused. The Act prohibits

the grant of Anticipatory Bail to the accused and the Probation of

Offenders  Act,  1958  was  also  made  inapplicable  to  the  Act.

Certain  preventive  measures  provided  in  the  Act  include

cancellation  of  arms  licenses  of  potential  offenders  and  even

grant of arms licenses to Scheduled Castes and Scheduled Tribes

as a means of self defence.

9. We have examined the NHRC Report on Atrocities against

Scheduled  Castes4,  the  report  of  Justice  K  Punnaiah

Commission5,  Sixth  report  of  the  National  Commission  for

Scheduled  Castes6 and  a  paper  titled  “The  Status  of

Implementation and need for amendments in the Prevention of

Atrocities  Act,  India”  published  by  Petitioner  No.  1.  It  is

contended by the Petitioners that the implementation of the Act

has been totally ineffective and that Dalits are still suffering from

4 NHRC, Atrocities against Scheduled Castes, November 25, 2002 5 The Government  of  Andhra Pradesh had appointed Dr.  Justice  K.  Punnaiah,  Retired Judge of Andhra Pradesh High Court as Single member Commission of enquiry to inquire into the practice of Untouchability and atrocities against Scheduled Castes and Scheduled Tries  and  to  suggest  measures  for  eradication  of  Untouchability  and  prevention  of atrocities. 6 National SC/ST  Commission Report 2000-01

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atrocities in view of the non compliance of various provisions of

the Act. The NHRC in its Report observed that “even in respect of

heinous  crimes  the  police  machinery  in  many states  has  been

deliberately avoiding the Scheduled Castes and Scheduled Tribes

(Prevention  of  Atrocities)  Act,  1989”.   The  Report  further

highlighted  the  non  registration  of  cases  and  various  other

machinations resorted to by the police to discourage Dalits from

registering cases under the Act. The Petitioners also highlighted

the  persisting  problem  of  non-registration  of  cases  under

appropriate provisions of the Act, delays in filing of charge-sheet,

accused not being arrested, release of high risk offenders on bail

and filing of false and counter cases against Dalit victims. The

Petitioners also complained of non-payment of compensation to

the victims or their legal heirs. The Petitioner also relied upon

the findings of the sixth Report of the National Commission to

show that the Scheduled Castes and Scheduled Tribes have no

access to legal aid. Various committees contemplated by the Act

at various levels are dysfunctional.  

10. The Petitioners submitted that Rules 3, 8, 9, 10, 15(1), 16

and  17  of  the  Scheduled  Castes  and  Schedules  Tribes

(prevention of Atrocities) Rules, 1995 (hereinafter referred to as

“the Rules”) have to be strictly complied with by the concerned

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authorities.  Rule 3 provides for identification of  atrocity  prone

areas and for preventive measure to be taken. Rule 8 refers to

setting up Special Cells to conduct survey of the identified areas,

informing  Nodal  Officers  and Special  Officers  on  the  law  and

order situation of identified areas, making enquiries about the

investigation and spot inspections,  wilful  negligence of  various

authorities and reviewing the position of cases registered.  Rules

9 and 10 deal with the appointment of Nodal Officers and Special

Officers. A contingency plan for implementation of provisions of

the  Act  is  dealt  with  in  Rule  15(1).  Vigilance  and  Monitoring

Committees to review the implementation of the provisions of the

Act at the State and District level have to be set-up under Rule

16 and 17. According to Section 14 of the Act, designated special

courts and exclusive  special  courts have to be established for

speedy trial of offences under the Act.

11. The Act was made in 1989 because the Parliament found

that  the provisions of  the Protection of  Civil  Rights  Act,  1955

were inadequate and did not curb the evil practice of atrocities

against Dalits.   The grievance of the Petitioners has been that

though the Act is comprehensive enough to deal with the social

evil, its implementation has been painfully ineffective. The ever

increasing number of cases is also an indication to show that

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there is a total failure on the part of the authorities in complying

with the provisions of the Act and the Rules. Placing reliance on

the  NHRC Report  and other  reports,  the  Petitioners  sought  a

mandamus from this Court for effective implementation of the

Act and the Rules.  

12.  We have carefully examined the material on record and we

are of the opinion that there has been a failure on the part of the

concerned authorities in complying with the provisions of the Act

and Rules.  The laudable  object  with  which  the  Act  had been

made is defeated by the indifferent attitude of the authorities. It

is true that the State Governments are responsible for carrying

out the provisions of the Act as contended by the counsel for the

Union of India. At the same time, the Central Government has an

important  role  to  play  in  ensuring  the  compliance  of  the

provisions of  the Act.  Section 21 (4)  of  the Act provides for a

report on the measures taken by the Central Government and

State Governments for the effective implementation of the Act to

be placed before the Parliament  every year.  The constitutional

goal of equality for all the citizens of this country can be achieved

only  when the  rights  of  the Scheduled  Castes  and Scheduled

Tribes are  protected.  The abundant  material  on record proves

that  the  authorities  concerned  are  guilty  of  not  enforcing  the

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provisions  of  the  Act.  The  travails  of  the  members  of  the

Scheduled Castes and the Scheduled Tribes continue unabated.

We  are  satisfied  that  the  Central  Government  and  State

Governments should be directed to strictly enforce the provisions

of  the  Act  and we do so.  The National  Commissions  are  also

directed  to  discharge  their  duties  to  protect  the  Scheduled

Castes  and  Scheduled  Tribes.  The  National  Legal  Services

Authority  is  requested  to  formulate  appropriate  schemes  to

spread awareness and provide free legal aid to members of the

Scheduled  Castes  and  Scheduled  Tribes.   A  similar  situation

arose before this Court in Safai Karamchari Andolan v. Union

of India, (2014) 11 SCC 224.  The Petitioners therein filed a

Writ  Petition  seeking  enforcement  of  the  provisions  of  the

Employment  of  Manual  Scavengers  and  Construction  of  Dry

Latrines (Prohibition) Act, 1993.  This Court held as under:

“24.  In  the light  of  various provisions of  the Act

referred  to  above  and  the  Rules  in  addition  to

various directions issued by this Court, we hereby

direct  all  the  State  Governments  and  the  Union

Territories to fully  implement  the same and take

appropriate action for non-implementation as well

as violation of the provisions contained in the Act

2013.  Inasmuch  as  the  2013  Act  occupies  the

entire  field,  we  are  of  the  view  that  no  further

monitoring is required by this Court. However, we

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once again reiterate that the duty is cast on all the

States and the Union Territories to fully implement

and  to  take  action  against  the  violators.

Henceforth,  persons  aggrieved  are  permitted  to

approach  the  authorities  concerned  at  the  first

instance  and  thereafter  the  High  Court  having

jurisdiction.”    

13. The  Petitioners  are  at  liberty  to  approach the  concerned

authorities and thereafter the High Courts for redressal of their

grievances, if any. In view of the aforesaid, the writ petition is

disposed of. No cost.  

 .....…...........................CJI                  [T. S. THAKUR]

      ........................................J [Dr. D. Y. CHANDRACHUD]

                 ..……................................J                                            [L. NAGESWARA RAO]

New Delhi, December 15, 2016

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NON-REPORTABLE  

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No…12256.…… of 2016 (@ S.L.P. (C) No…37164… of 2016)

(@ C.C. No.19532 of 2011)

NATIONAL DALIT MOVEMENT FOR JUSTICE Appellant (s)

Versus  STATE OF MADHYA PRADESH & ORS.

Respondent (s)

J U D G M E N T

L. NAGESWARA RAO, J.

Delay condoned.  

Leave granted.   

In terms of the order pronounced in W.P. (C) No. 140 of

2006, this Appeal also stands disposed of.  No cost.

   .....…...........................CJI

                [T. S. THAKUR]

      ........................................J [Dr. D. Y. CHANDRACHUD]

                 ..……................................J                                              [L. NAGESWARA RAO]

New Delhi, December 15, 2016

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