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State level Tribunalon Implementation of SC, ST (POA) Act

Dalit Sthree Shakti has conducted State level Tribunal on the implementation of SC, ST (PoA) Act on 7th September 2018at Madina Education Centre in Nampally, Hyderabad, Telangana.This conference was conducted to fill in the gaps in the implementation of Act. Victims of 30 atrocity cases which were pending since long time at various levels were presented before the jury. The forms of atrocities presented in the tribunal areacid attack, kidnap, caste abuse, damaging the church, rape, gang rape, cheating in the name of love, humiliation and abetment to suicide and attempt to murder.

The Jury wereSri Ramulu member of National SCCommission, Sri Chellappa IAS, Chairman One Men Commission of ST Categorization Govt of Telangana, Sri Kaki Madhava Rao,IAS, Former Chief Secretary, Sri Vyjayanthi, Director of Prosecutions, Sri Nathaniel Addl DCP Crimes, Sri Ravinder Reddy, Additional SPPCR Cell, Advocates of high court and Heads of woman organizations and academicians. The garlanding of Ambedkar photo was done by Sri Ramulu and Smt.Vyjayanthi.

The violations put forward before the jury by Jhansi Geddam and GDV Prakash are:

  • In the DVMCs, how they run after each case to ensure necessary action and said that in one of the districts the SP was also not aware of the amendments.

  • Inspite of Sec. 4 the SHOs are very lenient while registering the cases and are continuing the same old practice of registering the cases without appropriate sections and say that during investigation the sections would be added by IO.

  • In most of the cases related to land though there are clear evidences of encroachment etc., the IOs are concentrating on caste abuse, sidelining the land issue and ultimately closing the cases as false.

  • Even the major casesare not being resolved quickly.

  • Registration of the case is delayed giving scope for forcible compromise

  • Not sent for medical treatment., purposefully delayed in rape cases also

  • Delay in investigation

  • Police deliver the summons to the victims and witnesses at nick of the time

  • Most of the PPs are reluctant in giving orientation

  • PPs are over loaded with other cases

  • There are occasions the PPs doesn’t file written arguments

  • PPs give scope for defense advocates and compromise

  • Trial not conducted at a stretch and many adjournments are given

  • Atrocity cases are not priority for designated special courtsTA & DA not paid to the victims and witnesses

  • Social Welfare department being a nodal agency has failed to coordinate the departments

  • Immediate relief, compensation and rehabilitation not paid on time























The responses of the Jury:

  • Oral discussions and evidences might not work in some cases so try to get proofs which cannot be destroyed.

  • Awareness to the lower level staff of all the concerned departments

  • It is the responsibility of the state to ensure Liberty, equality, Equity and Self Respect of every one.

  • In civilized society we have to follow the system and maintain gender equality.

  • The role of prosecution starts once the chargesheet is filed in the court and shall take all necessary precautions to ensure justice to the victim

  • Relevant sections can be added until the judgement as per the provision in CrPC

  • Since the officials are not working with humanity, hence the justice is not being rendered, though many officials and various departments are involved in the implementation of the Act

  • The implementation of the Act has become a challenge due to the obstacles in various forms.

  • Though the constitution has given the fundamental rights, many are being deprived of them.

  • We need to fight until we achieve our rights

  • The representatives of the concerned departments have assured to take necessary action in the cases presented before the jury and have also promised to ensured that these violations will not repeat again.

Recommendations:

  • Necessary action will be initiated in all the 30 cases immediately.

  • Regular review of the PPs will be done with the focus on atrocity cases.

  • To ensure that the Deputy Director of prosecutions along with the Collector will review all the atrocity cases every month and similarly review the performance of the SPPs

  • In time sanction and payment of the compensation.

  • Awareness to the officials of the concerned departments on the amendment Act will be organized.

  • To negotiate with the government for the establishment of exclusive special courts and SPPs.

  • Much focus on the sensitization to the SHOs on the amendment Act.

  • To develop mechanisms for the effective discharge of duties by the officials of the concerned departments at their respective levels.

  • Wider publicity on the rights of the victims and witnesses to all the stake holders

  • To recommend to the government for evolving a procedure for the payment of pension to the rape victims.

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