Asian Centre for Human Rights

Dedicated to promotion and protection of human rights in Asia

 

ACHR REVIEW
[The weekly commentary and analysis of the Asian Centre for Human Rights (ACHR) on human rights and governance issues]

Embargoed for 11 August 2004
Index: Review/
33/2004

Spanners in the Draft National Policy on Tribals

The success of the Draft National Policy on Tribals of the Government of India to a large extent will depend on strengthening of the National Commission for Scheduled Tribes, implementation of the Civil Rights Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and making necessary budgetary allocations. However, the Draft National Policy fails to make any reference to these issues and thereby ensuring failure of the policy.

National Commission for Scheduled Tribes

The bifurcation of the National Commission for Scheduled Tribes from the National Commission for Scheduled Castes and Scheduled Tribes under the 94th Amendment Act of the Constitution is a welcome step. Although, the National Commission for Scheduled Tribes has been created in August 2003, little measures in terms of budgetary and staff allocations have been made to make the Commission functional.

One of the duties assigned to the National Commission for Scheduled Tribes and Scheduled Caste is to submit reports to the President annually or at such other time as the Commission may deem fit, upon the working of the safeguards. The Commission on Scheduled Castes and Scheduled Tribes constituted after 65th Amendment Act has presented four Annual Reports and four Special Reports to the President containing recommendations. There is little information on the implementation of the recommendations contained in these reports.

The SCs/STs Prevention of Atrocities Act, 1989

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the main Act to deal with atrocities against members of Scheduled Castes and Scheduled Tribes largely remains unimplemented. Then Minister of State for Home Affairs, Mr I D Swami informed the parliament on 23 April 2002 that over 28,000 incidents of crimes, including murder and rape, were committed against Scheduled Castes and Scheduled Tribes across India during 2001. Mr Swami further informed that while 24,792 cases were reported against Scheduled Castes, as many as 3,691 crimes were committed against Scheduled Tribes. Madhya Pradesh topped the list in atrocities against Scheduled Tribes with 1643 cases. The statistics pertaining to the calendar year 2001 show that the States of Uttar Pradesh (7356 cases), Madhya Pradesh (4336 cases), Rajasthan (1996 cases), Gujarat (1760 cases), Andhra Pradesh (1288 cases) and Orissa (1125 cases), collectively accounted for 82.39% of total number of 21,678 cases charge sheeted in the courts under the Act.

The statistics are tip of the iceberg. Most offenses in rural areas are not registered. Nonetheless, the statistics provided by the government of India clearly establish that atrocities against the indigenous and tribal peoples and the Dalits have been increasing: 34,799 cases were registered in 1999, 36,971 cases were registered in 2000 and 39,157 cases were registered in 2001.

The majority of the States have failed to set up Special Courts under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. As of 2 February 2003, exclusive Special Courts have been set up only in Andhra Pradesh (12), Bihar (11), Chhatisgarh (07), Gujarat (10), Karnataka (06), Madhya Pradesh (29), Rajasthan (17), Tamil Nadu (04), Uttar Pradesh (40) and Uttranchal (01). The remaining States and Union Territories have notified the existing Courts of Sessions as Special Courts for the trial of offences under the Act. As the courts in India are already over-burdened with 3.5 million and 40 thousand cases at the High Courts level in 2002 according to the report of the Parliamentary Standing Committee on Home Affairs, designation of the Court of Sessions as Special Courts helps little and further adds to judicial delay in India.

While the statistics provided by the government of India state that the courts disposed of respectively 12,864 cases in 1999, 11,237 cases in 2000 and 16,203 cases in 2001, the conviction rate remains extremely low. Out of the 31,011 cases tried under the Prevention of Atrocities Act in 1998, only a paltry 1,677 instances or 5.4% resulted in a conviction and 29,334 ended in acquittal. In comparison, under the Indian Penal Code 39.4% of cases ended in a conviction in 1999 and 41.8% in 2000.

Budgetary allocations:

Without the adequate budgetary allocations, no policy can be successful. The Draft National Policy on Tribals is silent on the issue. In the recent years, there has been sharp fall in budgetary allocations for the Scheduled Tribes.

The Joint Parliamentary Committee on the Welfare of Scheduled Caste and Scheduled Tribes noted that keeping in view the approach and objectives in the 9th Five Year Plan Ministry of Social Justice & Empowerment projected its requirements of funds to the level of Rs.33,358.16 crores on the basis of recommendations of the expert groups. The Planning Commission reduced it to Rs.10,501 crores.  It was again twice reduced to the level of Rs.6608.13 crores.

The Joint Parliamentary Committee also noted the declining trend in the budget allocations for the various schemes for SCs/STs. The Planning Commission restricted the allocation to Rs. 1350.00 crores against the projection of Rs.1414.02 crores, thereby depriving the benefits to indigenous peoples.  The Annual Plan expenditure for 1998-99 has also come down in comparison to the Budget Estimates for the year 1997-98. 

Under the 10th Plan, a total outlay of Rs. 1,754 crore (which excludes Rs. 2,500 crore as SCA to TSP and Rs. 1,500 crore as Grants-in-Aid under Article 275(1), subject to changes) has been earmarked in the Central Budget of the Ministry of Tribal Affairs. The 10th Plan also brought down the number of the on-going schemes of the Ninth Plan from 25 to 14 (10 Central Sector and 4 Centrally Sponsored Schemes) for empowering the Tribals.

It is essential that the Draft National Policy on Tribals provides for specific measures for strengthening of the National Commission for Scheduled Tribes by making it independent through legal and operational autonomy, financial autonomy, appointment and dismissal procedures and independence through composition, by developing mechanisms for submission of Annual Reports to the President regularly and implementation of the recommendations contained in these annual reports.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 should be fully implemented by creating special courts only dealing with offences under the Act. The government of India should make necessary amendments to the Section 14 of the 1989 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act to ensure that it is the Central government and not the State government which shall specify for each district a Court of Session to be a Special Court to try offences under this Act and that the expenses for the functioning of the Special Courts be accordingly borne by the Central government. The government must also collect separate data on atrocities against the Scheduled Tribes be collected and recorded in the light of the separation of the National Commission for Scheduled Tribes.

(Concluded)


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