[Reader-list] DALIT MURDERS AND AND NHRC

[Asit Das]

 To
The Assistant Registrar (Law)
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi-110001

Re: Response to the Letter Received from NHRC and to the Report of the
State Authorities regarding Complaint dated 31.1.2013.

Sir
This is with regard to the email communication that was sent to me on 26
August 2013 by the Section Officer (M-3), National Human Rights Commission,
New Delhi.

First of all, let me thank you for sharing the report on the direction of
the Commission received from the State Authorities of Maharashtra State
about the case involving 3 Dalit youth found murdered and mutilated in
January 2013.

Upon reading the report I found that the State Government as well as the
local administration and police officials have not followed the Prevention
of Atrocities Rules, 1995, in its true letter and spirit. The Rules
regarding the relief and compensation amount that needs to paid to
victim/families/dependents have since been amended by the Ministry of
Social Justice and Empowerment, Government of India and the notification
dated 23.12.2011 has been issued through the Gazette of India,
Extraordinary Part-II, Section-3, Sub-section-(i). The same is attached
here for your kind consideration.

I have cited here the relevant portions of the Amended Rules regarding the
compensation and relief amount/measures. On pursuing it you will find that
it has not been followed by the State Authorities.


Sl.No.

 Name of Offence

 Minimum Amount of Relief


 20.

 Murder/Death
(A) Non-earning Member of a Family


(B) Earning Member of a Family


At least Rs. 2,50,000/- to each case. Payment of 75% after post-mortem and
25% on conviction by the Lower Court.

At least Rs. 5,00,000/- to each case. Payment of 75% after post-mortem and
25% on conviction by the Lower Court.



 21.

 Victim of Murder, Death, Massacre, Rape, Mass Rape, Gang Rape, Permanent
Incapacitation and Dacoity

 In addition to relief amounts paid under above items, relief may be
arranged within three months of date of atrocity as follows:
(i)            Pension to each widow and/or other dependents of deceased SC
and ST @ Rs. 3,000/- per month or Employment to one member of the family of
the deceased, or provision of agricultural land, an house, if necessary by
outright purchase.
(ii)          Full cost of education and maintenance of the children of
victims. Children may be admitted to Ashram Schools/Residential Schools.
(iii)         Provision of Utensils, rice, wheat, dals, pulses etc. for a
period of three month.



The report sent by the District Magistrate of Ahmednagar District,
Maharashtra State is also not clear whether the following rules have been
followed or not.

11. TRAVELLING ALLOWANCE DAILY ALLOWANCE MAINTENANCE EXPENSES AND TRANSPORT
FACILITIES TO THE VICTIM OF ATROCITY, HIS OR HER DEPENDENT AND WITNESSES:

   1. Every victim of atrocity or his/her dependent and witnesses shall be
   paid to and fro rail fare by second class in express/mail/passenger train
   or actual bus or taxi fare from his/her place of residence or actual bus or
   taxi fare from his/her place of residence or place of stay to the place of
   investigation or hearing of trial of an offence under the Act.
   2. The District Magistrate or the Sub-Divisional Magistrate or any other
   Executive Magistrate shall make necessary arrangements for providing
   transport facilities or reimbursement of full payment thereof to the
   victims of atrocity and witnesses for visiting the investigating officer,
   Superintendent of Police /Deputy Superintendent of Police, District
   Magistrate or any other Executive Magistrate.
   3. Every women witness, the victim of atrocity or her dependent being a
   woman or a minor, a person more than sixty years of age and person having
   40 percent or more disability shall be entitled to be accompanied by an
   attendant of her/his choice. The attendant shall also be paid travelling
   and maintenance expenses as applicable to the witness or the victim of
   atrocity when called upon during hearing, investigation and trial of an
   offence under the Act.
   4. The witness, the victims of atrocity or his/her dependent and the
   attendant shall be paid daily maintenance expenses for the days he/she is
   away from the place of his/her residence or stay during investigation,
   hearing and trial of an offence, at such rates but not less than the
   minimum wages, as may be fixed by the State Government for the agricultural
   labourers.
   5. In addition to daily maintenance expenses the witness, the victim of
   atrocity (or his/her dependent) and the attendant shall also be paid diet
   expenses at such rates as may be fixed by the State Government from time to
   time.
   6. The payment of travelling allowance, daily allowance, maintenance
   expenses and reimbursement of transport facilities shall be made
   immediately or not later than three days by the District Magistrate or the
   Sub-Divisional Magistrate or any other Executive Magistrate to the victims
   their dependents/attendant and witnesses for the days they visit the
   investigating officer or in-charge police station or hospital authorities
   or Superintendent of Police/Deputy Superintendent of Police or District
   Magistrate or any other officer concerned or the Special Court.
   7. When an offence has been committed under Section 3 of the Act, the
   District Magistrate or the Sub-Divisional Magistrate or any other Executive
   Magistrate shall reimburse the payment of medicines, special medical
   consultation, blood transfusion, replacement of essential clothing, meals
   and fruits provided to the victim(s) of atrocity.


 The report also fails to mention the date on which the charge-sheet was
filed in the Court and what is the current status of the case.

May I request through this email communication to the Honourable
Chairperson and Honourable Members of the National Human Rights Commission
to order full enquiry by the Commission through the Special Rapporteur of
the Commission.

As it happens in most of the cases, the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities Act, 1989) and Prevention of Atrocities
Rules, 1995, are not followed in their true letter and spirit. This
certainly has been a cause for hampering the justice for the victim’s
family. Attached here you will find the relevant Amended Rules and also a
copy of the POA Rules 1995.

Last but not the least, the NHRC should send a clear message to all the
State Authorities regarding complete compliance of the Prevention of
Atrocities Act, 1989 and Prevention of Atrocities Rules, 1995 and the
Amended Rules of Compensation and Relief Measures as notified on
23.12.2011. Any wilful negligence, if found, by the concerned officials,
must be dealt with as per the law.


Sincerely
 Umakant, Ph.D
Independent Researcher and Human Rights Advocate
New Delhi