Election Commission asks Gujarat govt to immediately Implement new SC-ST anti-atrocities ordinance

By A Representative
The Election Commission of India has asked the Gujarat government to immediately start implementing the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014. The ordinance was promulgated on March 4, 2014, and the Gujarat government was refusing to take any action for implementing it, say Dalit activists. This forced Kirit Rathod, senior activist, Navsarjan Trust, to write a letter to the Gujarat governor to ensure that the ordinance was put into action without any delay.
On receiving a direction from the governor, the Election Commission of India asked home and law departments of the Gujarat government to start the procedure of implementing the audience, “as required by law.” The commission’s order acquires significance because the ordinance, widely interpreted as an effort by the UPA government to “woo” SCs and STs ahead of elections, making penal provisions more stringent to deter people committing crimes against members of these communities.
The implementation of the ordinance, according to the activist, is significant, because for the first time it seeks criminal proceedings against those who try to intimidate members of SC or ST during elections. “The ordinance must be implemented during the Lok Sabha polls if they are to be fair and free”, Rathod told Counterview.
Thus, the ordinance seeks to “prevent” or “intimidate” members of SC or ST “not to vote or vote for a particular candidate in a manner than that provided under the law”; or “not to file a nomination as a candidate or to withdraw such nomination”; or “not to propose or second a nomination or a SC or a ST candidate in any election”; or “after the polls causes hurt or grievous injury to impose social or economic boycott upon a member of a SC or a ST or prevents availing benefits of any public service which is due to him.”
This apart, the ordinance imposes more stringent provisions on those perpetrating atrocities than has been the case. Till now, most of the crimes invited punishment of less than 10 years, but with amendments crimes like these will invite punishment for more than 10 years. The amendments to Section 3 also define new crimes and add some to the list. Obstructing use of common property, allegations of witchcraft, preventing entry in place of worship, social and economic boycott and promoting enmity are some of the changes which have been added to the list. These crimes will now be considered as cruelty against SC and STs.
The ordinance was brought in following demands that penal provisions be given more teeth and the ambit of crimes against SCs and STs be broadened to prevent atrocities in any form. The measure also establishes special courts for the trial of such offenses and the rehabilitation of victims. The ordinance adds a chapter on the rights of victims and witness, making it obligatory for the state to make arrangements for the protection of victims, their dependents and witnesses. It requires state governments to make schemes to ensure the implementation of rights of victims and witnesses.

The ordinance adds, several new offences to the list of19 punishable offences. These include tonsuring of head, moustache, or similar acts which are derogatory to the dignity of Dalits and Adivasis; garlanding with chappals; denying access to irrigation facilities or forest rights ; dispose or carry human or animal carcasses, or to dig graves; using or permitting manual scavenging; dedicating Dalit women as devadasi; abusing in caste name; perpetrating witchcraft atrocities; imposing social or economic boycott; and so on.
It also lists hurting the modesty of Dalit/Adivasi woman by removing her garments; forcing to leave house , village or residence; defiling objects sacred to SCs and STs; and touching a women or uses words, acts or gestures of a sexual nature against women. Till now a number of commonly committed offences (hurt, grievous hurt, intimidation, kidnapping etc.) were excluded from the Act. “This provided loopholes for the perpetrators of crime to escape from being punished for these commonly committed crimes”, protagonists of the ordinance say.

Comments

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

What Epstein Files reveal about power, privilege and a system that protects abuse

By Bhabani Shankar Nayak* The Jeffrey Epstein scandal is not merely the story of an individual offender or an isolated circle of accomplices. The material emerging from the Epstein files points to structural conditions that allow abuse to flourish when combined with power, privilege and wealth. Rather than a personal aberration, the case illustrates how systems can create environments in which exploitation becomes easier to conceal and harder to challenge.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat* Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu. He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

How Budgam by-poll has changed the J&K government’s way of working

By Raqif Makhdoomi* The political landscape in Jammu & Kashmir has shifted markedly since the Budgam by-election was announced. With Aga Muntazir Mehdi now elected as the MLA from Budgam, celebrations continue at his residence as people congratulate him on what many describe as an exceptional victory. He will represent Budgam for the next four years, and his performance during this term will determine his future in the constituency.

NHRC seeks action report on contaminated water outbreak in Ahmedabad

By A Representative The National Human Rights Commission (NHRC) in New Delhi has issued notices to the Secretary of the Water Supply Department in Gandhinagar , the Ahmedabad District Collector and the Municipal Commissioner of Ahmedabad, seeking an action-taken report within four weeks on allegations of human rights violations arising from a major outbreak of waterborne diseases in Behrampura , Danilimda ward of Ahmedabad city.

Search This Blog