Dalit Sthree Sakthi in association with National Dalit Movement for Justice (NDMJ) has inaugurated a Legal Resource Centre at Vijayawada in Andhra Pradesh on 14th Nov 2015 to facilitate and strengthen the Victims and Witnesses of atrocities. The office was inaugurated by Mr Ramesh Nathan General Secretary of National Dalit Movement for Justice and leading advocate P. Ambedkar. DSS team lead by its National Convener Jhansi Geddam along with advocates from all the districts has also participated. On this occasion DSS organized a Round Table Conference on Atrocities against Dalit Women and Girl Children.
Round Table Conference (RTC)
A Round Table Conference on Atrocities against Dalit Women and Girl Children was organized on 14th November 2015 at Conference Hall, Child Line Centre, Vijayawada. 30 major atrocities including murders, rape & murders, rapes, gang rapes, mass attacks were presented before the jury consisting of state level officials from the concerned departments and other eminent personalities.
After the inauguration of the Legal Resource Centre, the RTC was commenced at about 11.30am. The program started with powerful songs of Ambedkar sung by DSS cultural team.
The dignitaries on the dais were Sri I Samuel Anand Kumar IAS Director-Social Welfare Department, B. Rama Koteswara Rao Deputy Director – Director of Prosecutions, Ramesh Nathan General Secretary - NDMJ, P. Ambedkar Senior Advocate. The conference was presided over by Jhansi Geddam National Convener of Dalit Sthree Sakthi (DSS). Ambedkar photo was garlanded by Samuel Anand Kumar. The first copy of the jury kit was presented to Ramanamma mother of Veeramma the deceased in Rape and Murder case.
GDV Prakash National Program Manager: He explained the interventions of DSS to address the gaps in the cases. Taking the every instance, he explained in detail the efforts taken to get
the cases registered by continuous follow up with the police and concerned departments. He has briefly explained about the objective of the conference and presented the 30 cases before the jury and the victims and witnesses themselves have narrated their agony before the jury seeking justice. The Coordinators of DSS updated on the routine penal and pecuniary violations including the coordination between the concerned departments.
Jhansi Geddam National Convener: In her introductory speech,she said that though hundreds
of instances of violence against dalit adivasi women and girl children were taken up by DSS, 30 incidents with major gaps are being presented on the day. These cases would exhibit the reasons behind there incidents, the response of the society, media, government and officials before, during and after the occurrence of the incident. The underlying objective of presenting these cases before the jury is that the members of the jury would examine each case thoroughly.
Dr A Subrahmanyam Registrar of AP University of Law (Retd): He explained the controversy concerning the arresting powers of the police as follows:
“With regard to arrest of persons on allegations/complaints etc, the powers of police are governed by Section 41 of Cr.P.C.Using these powers the police were arresting several people without warrant if they are suspected of involvement in cognizable offence.The Police Commissions and Law Commissions recommended that the police should not unnecessarily arrest people as it violates the liberty of persons.These recommendations were implemented
in 208/2010 by amending the Cr.P.C. and adding Sections 41A etc. According to these sections, now, the police should not arrest anyone on simple grounds. The police should only investigate crimes and if a person is suspected, he should be asked to come to police station and enquired, but should not be arrested unnecessarily. If the police wants to arrest a person they should record reasons that there is strong evidence of his involvement in the crime, or that he will flee away if not arrested, or that he will create problems in investigation, or that he will destroy evidence or influence/threaten the witnesses, or that he might commit further crimes etc. Thus, unless the police record in writing reasons, they should not arrest a person just like that as per these amendments.
However, there was not much change in the police functioning. They were arresting everyone as usual and in many cases of complaints under Section 498 of IPC, the police were arresting all the persons named in the complaint, including aged father in law, mother in law etc. In one such case in 2014, namely, Aneesh Kumar Case, the Supreme Court seriously warned the police and directed that if people are arrested without recording reasons, the concerned police officer should be punished departmentally and also for contempt of court.
After this judgment, police are not arresting as they like. This is not liked by the advocates as they are losing bail cases. So they wanted these changes in Cr.P.C to be cancelled. In 2015 there was an amendment Act which mentioned that the Cr.P.C Amending Acts of 2008 and 2010 are deleted. This gave rise to confusion whether Sections 41A etc are abolished. But the real effect of 2015 Amending Act is not to abolish the already introduced amendments. This becomes clear if one reads the 2015 amending Act.”
Responses from the Jury:
Samuel Anand Kumar IAS Director-Social Welfare Department: He said that all the violations in the implementation of the SC, ST (PoA) Act presented have been well taken and has assured of immediate necessary action in these 30 cases apart from the other cases. He said that we have no voices, no wealth and no jobs, hence unable to raise our voices, whereas DSS has given voices to us. Expressing grief over the payment of compensation in the districts, has shared that he had a tough time in ensuring the payment of compensation in 4 districts
recently. The procedure has been put on track and from hereafter the delay will not be caused in the disbursement of compensation. He said sensitization programme will be organized in the state for the police and revenue departments based on the suggestion of NHRC. He also being in-charge Managing Director of SC Corporation has assured vulnerable women to sanction schemes without the involvement of banks. He assured to sit with the DSS team at the earliest and have a review on these cases to ensure necessary action.
B. Rama Koteswara Rao Deputy Director – Director of Prosecutions:He said that the trial of the atrocity cases is being closely monitored at district level in all the districts. The police have to arrest the accused through CrPC 41 (A) notice. Then only the judicial officers have to take
necessary action within 24 hours. The cases under Atrocity Act are non-bailable; the police have no right to leave them and at any cost they have to arrest the accused. He suggested the victims of cheating in the name of love for termination of pregnancy through the Committee for Medical Termination of Pregnancy. Similarly he suggested utilizing the services of Legal Aid Authority. He assured to pursue the cases and take necessary action form Director of prosecutions.
P. Ambedkar Senior Advocate: He appraised DSS work and said that the Act is not being misused and the police are of wrong opinion and are focusing that it is being misused. The Indian Constitution and all the other Acts are being misused. The police are of the opinion that the SCs & STs are unnecessarily registering cases under SC,ST (PoA) Act and causing more
more trouble and additional work to them. In order to side track the cases, the police are getting the 164 statements recorded by misleading the victims and thus ensuring the acquittal of cases. Lack of commitment and politics in the officials’ is leading to the failure of constitution and the Acts meant for the scheduled castes and tribes. The implementation of the said Act lies on the Social Welfare, Police & Judiciary departments, hence they need to closely follow-up the penal & pecuniary procedures and ensure the effective implementation of the Act, thus accessing justice to the victims and as well as strive for the increase in conviction rate.
Ramesh Nathan General Secretary-NDMJ: He appreciated for the performance of the DSS for past several years. 100’s of atrocity cases were dealt by DSS out of which 28 cases were selected for documentation in RTC.
He appreciated the gesture of the officials present in the dais and the several other officials and advocates who were present in the event where in other states this would not happen. In other states the officials don’t come and here to the agonies like this. Out of 29 states 3 major states like Goa, Rajasthan & Andhra Pradesh is witnessing major atrocity cases. Andhra Pradesh stands in the 3rd place with major atrocity cases. 44% of atrocity cases increased in these 5 years. Out of which 45% of conviction rate and 60% of atrocity cases registered. Conviction rate in IPC is 45% SC, ST Act is below 60% that means in Andhra Pradesh is witnessed the present atrocities ratio. In SC,ST (PoA) Act cases most of the accused are acquitted in lower Courts and High Courts. Lots of delay is witnessed in the court trial and judgement. No proper prosecution was done and justice is delayed and denied for Dalits. We made case study on the functions of the Special Court’s in 5 States, we understood why the cases are acquitted. The reason behind the non-performance of the police officials, public prosecutors and various concerned officials. Due to delay in the performance of the officials and delay in the speedy justice the compensation, rehabilitation and relief are delayed. SC,ST (PoA) Act need to be properly monitored and implemented so that the atrocities can be abolished.He appreciated the gesture of the officials present in the dais and the several other officials and advocates who were present in the event where in other states this would not happen. In other states the officials don’t come and here to the agonies like this. Out of 29 states 3 major states like Goa, Rajasthan & Andhra Pradesh is witnessing major atrocity cases. Andhra Pradesh stands in the 3rd place with major atrocity cases. 44% of atrocity cases increased in these 5 years. Out of which 45% of conviction rate and 60% of atrocity cases registered. Conviction rate in IPC is 45% SC, ST Act is below 60% that means in Andhra Pradesh is witnessed the present atrocities ratio. In SC,ST (PoA) Act cases most of the accused are acquitted in lower Courts and High Courts. Lots of delay is witnessed in the court trial and judgement. No proper prosecution was done and justice is delayed and denied for Dalits. We made case study on the functions of the Special Court’s in 5 States, we understood why the cases are acquitted. The reason behind the non-performance of the police officials, public prosecutors and various concerned officials. Due to delay in the performance of the officials and delay in the speedy justice the compensation, rehabilitation and relief are delayed. SC,ST (PoA) Act need to be properly monitored and implemented so that the atrocities can be abolished.
