National SC panel rues failure to set up special courts

The National Commission for Scheduled Castes has taken a serious note of the failure of many states in setting up special courts for speedy trial of cases related to atrocities on Dalits and has even questioned the role of "men in uniform" in protecting the community.

"There are several states which are yet to comply with one or more of the provisions of the SCs/STs (Prevention of
Atrocities Act), 1989, which contains several significant provisions, including setting up of special courts with special prosecutors, constituting state and district-level vigilance committees," Vice-Chairman of the National Commission for SCs Fakir Bhai Vaghela said.

Speaking at the two-day National Conference of the commission which concluded on Thursday, Vaghela "categorically
and unequivocally" made it clear that there was no direction granted to any state or Union Territory to comply selectively with only few provisions of the act.

"Each and every section of the act and the relevant rules is equally important and mandatory," Vaghela said.

He also charged that crimes and atrocities against SCs are sought to be covered under the garb of prevention of social tensions. Consequently, the culprits go scot-free and victims get further victimised and lose faith in the system.

He also deplored "negative" role of "men in uniform" and the failure of special courts to provide speedy trials and sought setting up of "exclusive" courts to deal with atrocities against Dalits.

"I have toured the entire country and had a close view of the field situation and conditions of victims and the role of police. We must admit that the most unfortunate experience was the deplorable, negative role of men in uniform who instead of protecting the victims, protect the culprits by inaction and inefficiency," Vaghela said.

He regretted that most police officials were "blissfully ignorant" of the specific provisions of the Prvention of Crime Act, 1955, or Protection of Atrocities Act, 1989, and that they tackle these problems from their basic training in Indian Police and Procedural laws.

"This has resulted in miscarriage of justice," he said and sought empowerment of the commission to enable them to spread awareness among the rank and file of the police and civil officials.

"Be it the rate of reported crimes getting converted into chargesheets and challans or cases leading to substantive penal sentences, both these fall far behind the corresponding percentages for general category cases.

"This comparision speaks for itself and leads to the feeling that crime against scheduled castes is not getting serious attention and the treatment it deserves," he said.

Further, he said, statutory limits to complete investigation and challan a case within 30 days is flouted with impunity in almost all states and no accountability is enforced.