CAG-Gujarat Annual report.

EC-EIDHR PROJECT

STATE: GUJARAT

PIA: NAVSARJAN TRUST & CENTRE FOR SOCIAL JUSTICE-AHMEDABAD

SPECIAL REPORT ON CITIZEN AUDIT GROUP-GUJRAT

REPORTING TIME: FEBRUARAY-07 TO OCTOMBAR-08

INDEX

SR NO:

1.                        PREFACE

2.                        INTORDUCTION

3.                       CAG MEMEBR PROFILE

4.                        Preparation workshop for the formation of CAG

5.                        Preliminary Orientation Workshop for members

6.                       Fact Finding Missions

7.                       STATE LEVEL ADVOCACY BY THE CAG

Citizens Audit Groups

PREFACE

The Government, law enforcement agencies, judiciary etc are largely composed of dominant caste members who are by and large not adequately sensitive to issues of the caste-based discrimination, untouchability practices and atrocities that are perpetrated against Dalits.  According to a one study, government officials, the police and the executive, either wittingly or unwittingly were responsible for the non-implementation of laws that exist to protect rights of Dalits.  It is not surprising then that the system ends up failing time and again just because of apathy, negligence and insensitivity of these officials.      

INTRODUCTION

Within this context, the over-arching goal of the overall Action is to increase the accountability of the State to uphold human rights of the Dalit community within the country. As a strategy, 10 State and 1 National CAGs  - each comprising of a membership base that includes at least 10 prominent citizens drawn from non-Dalit communities. Have the total membership will be women,

The institution of Citizen Audit Group (CAG) is a innovative initiative proposed to establish civil society mechanisms to hold the state accountable for the rights of its own marginalized citizen’s viz. the Dalits.  The process adopted is designed to strengthen the grassroots on-going programmes of the respective partners involved in this Action. The CAGs will carry out social audit exercises by visiting places of alleged atrocities and carry out fact-finding (FF) exercises. As a result of data generated by these FF exercises, supplemented by media reports and official statistics available with the various Government agencies, the CAGs will publish various reports.  Each State level CAG will publish at least one audit report during the project time which is expected to be the first of its kind “Citizen Audit Report” on caste based discrimination in the country. The partners will organise one Dalit Social Audit Forum in their respective states wherein CAGs will present their social audit report. The national CAG will in a similar process publish a national level social audit report by collating the states’ social audit reports and also covering wider issues of Dalits at the national level. A Dalit Social Audit Forum will be organized wherein such reports will be released.     

These reports and similar documents in turn will be used as advocacy tools by the Action in holding the state, administration, police and judiciary accountable to protecting the rights of the dalits and curtailing, if not eliminating caste based discrimination in the country.  Formation of CAGs: The process of capacity strengthening of Dalit community may not be adequate in themselves to ensure equal opportunity and justice in the absence of the participation by the larger civil society groups. That is why it becomes important to form the Concerned Citizens Audit Groups at state and national level. The idea is to evolve a civil society mechanism that sensitises, informs and reflects the implementation, enforcement and monitoring bodies (State, National and UN) on Dalit human rights. This exercise will involve field visits for collection of data and evidences, data analysis, report writing and dissemination of information at various levels.

Citizen Audit Group and its need

          Citizen Audit Group (CAG) is a body of persons who commands the high reputation in the society. They were choosen from and their considerable direct past and present experience in the human various professions rights field is the bottom line for their selection. They support the project in the matters of human rights especially the dalith human rights by way submitting their findings in the implementation of various statutory provisions meant for the dalith communities.

The CAG is the need of the present hour. Because there is much legislation made by the parliament to ensure the human rights to the deprived section of the society that is the daliths, there should be proper monitoring on the implementation of them at all levels. The persons who really benefit such legislations must monitor their implementation, and the agencies who actually engaging in the human rights monitoring should have and independent body to make out the clear picture of the implementation of the human rights legislations are the legislations made for the benefit of the deprived section of the society. In spite of these legislations and the government, orders the real suffers are not getting the proper remedy as per their entitlement. Hence, the situation has to be studied by an independent body to shed light on the dalith human rights situation in the state. This would submit a report on the dalith human rights implementation in the state.

 The objects of the program in nut shell is : to capacitate the Scheduled Castes in utilizing the Criminal Justice Administration  System, to form a Citizen Audit Group- an independent body of eminent persons-to mirror the implementation of Dalith rights implementation in the State. Therefore, the Citizen Audit Group is constituted with highly reputed persons in the society, and they were chosen from various lifestyles.

The Citizen Audit Group-Gujarat.

Members Profile:

1.     Name:     Kirirtbhai Rathod

2.     Address: Navsarjanr Trust, 2 Ruchit Apartment, Vasana                      

3.     Designation: State CAG Secretariat, EC-EIDHR Project, Gujarat.

4.     Any Specific Attributes of his/her: Navsarjan grass route worker, wast experienced in State level advocacy and in using RTI. Working with Navsarjan for a last one decade.

1.     Name: Chandubhai Maheriya                                                               

2.     Address: “Nirant” 1416/1, Sector-2/B, Gandhnigar, State: Gujarat.      

3.     Designation: Pro-Dalit Activist and a Dalit writer.

4.     any Specific Attributes of his/her: he is associated with Navsarjan since log back and is been continuously enriching the dalit movement in Gujarat thru his articles in Dalit Shakti and even in Dalit Adhikar, he is even a Government employee working as a Senior clerk at Education Department at Gandhingar, he was very much active at the state level advocacy efforts by having his presence.

1.     Name: Ulkaben Parmar

2.     Address: 1411/1, Secretrary-2/B, At: Gandhinagar, Gujrat.                 

3.     Designation: Journalist

4.     Any Specific Attributes of his/her: She is a Journalist with active involvement in Dalit Right Movement in Gujarat, did contribute a lot by his column in News Papers.                        

1.     Name: Ramanbhai Vagela

2.     Address: 652/2, Sidarth park, Sector-8, Gandhnagar-382007                

3.     Designation: Ex- Secretray for the Home Department                           

4.     Any Specific Attributes of his/her: a high profile ex-government employee belongs to Scheduled cast community; he did serve at State Capital Gandinagar as a Deputy Secretariat for the State Home Department at Gandinagar, were much amicable towards non-government organization and always contributes in social movements by giving his presence and thoughts.

1.     Name: Mr: Mulchand S Rana

2.     Address: 9, Ram Jalaram Bungalows, Prahlad Nagar, Ahmedabad.

3.     Designation: Ex- member of Gujarat Public Serve commissions, (GPSC)

4.     any Specific Attributes of his/her: he is a  Ex- member of Gujarat Public Serve commissions, (GPSC) as well a Dalit Novelist.

1.     Name: Mr: Pankaj Shri Mali M.A (Gold Medal) M, Phil, Ph.D.

2.     Address: 13, Ruchik, Apartment, New Hirabag Society, Near: Parimal garden, Ahmedabad.

3.     Designation: Senate member, Gujarat University,

4.     any Specific Attributes of his/her: He is a Senat Memebr of Gujrat Unvercity and also a social activist.

1.     Name: Mr: Dilipbhai Chandulal

1.     Address: A-32, Shakti Anklev, Judjis Bunglow Raod, Bodakdev, Ahmedabad.

2.     Designation: Deputy Secretary – Revenue Department, Gujarat Government

3.     Any Specific Attributes of his/her: A Person with a waste experience in the Revenue Department at the State Capital.

1.     Name: Manjulaben Dabhi

2.     Address: 94, 95, Bharatnagar, Geetamandir Road, Ahmedabad.

3.     Designation: Professor, At: Gujarat Vidyapith, Ahmedabad

4.     any Specific Attributes of his/her: She is a Profesar at the Gujrat Vidyapith-Ahmedabad.

1.     Name: Rahul Rastapal

2.     Address: 107, 108 Narayannagar Society, Aalpan Road, Bhatar, Surat.

3.     Designation: Ex-Jail Superintendent, Gujarat

4.     Any Specific Attributes of his/her: he is a ex-jail superintendent

1.     Name: Maduben Parmar

2.     Address: Amraivadi, Ahmedabad.

3.     Designation: Navsarjan Staff Member: Ahmedabad Zone Coordinator.

4.     Any Specific Attributes of his/her:  Experienced grass route worker of Navsarjan, waste experience of Dalit Women Right advocacy. Exactingly she is an Ahmedabad Zone Coordinator at the Navsarjan Trust.

1.     Name: Ambalal Chohan (reta: IPS) 

2.     Address: 2, Shitalchaya, Starling Society, Memnagar, Ahmedabad-52. 

3.     Designation: Ret yard IPS and Editor of “ OBC Awaj”.

4.     Any Specific Attributes of his/her:  A Rita yard IPS officer, and a editor of a OBC Awaj a quteraly news later published at Gujarat.

1.7.2.1    Preparation workshop for the formation of CAG

A one-day preliminary meeting was held on 2^nd Decembar-07 which was attended by 25 like minded people. The objective behind the meeting was to introduced to CAG concept and its formation at Gujarat. The meeting was chaired by Manjula Pradip (Executive Director-Navsarjan) along with Dinesh parmar. (Director-CDHR). Mr: Kantibhai parmar and Kirit Rathod also remain present in the said meeting. Dinesh parmar welcomed all the persons, followed with introductory words and preface of Citizen Audit Group. In the introductory words he narrates the condition and status of Dalits in Gujarat and also highlights the key issues faced by the Dalit mass thru out the state. In his speech he mention that the Police department as well as the Social Well fare department were the utmost department which needs to be sensitized in protecting the right of scheduled cast. He further also gives the status of legal justice delivery system and its failure in securing the rights of the scheduled cast. The roll played by the Special Public Prosecutor as well by the Season court judges is also very much negative towards the Scheduled Cast community. He narrates some of the live cases which witnessed the nexus between politically powerful people

1.7.2.2    Preliminary Orientation Workshop for members

On 24^th May-08 the Group hold a one meeting at KhetBhavan, Ahmedabad to discussed and finalized there plan of action, during the meetings it was discussed and decided that the CAG as group will visit three places where alleged atrocity were took place over the scheduled cast people. These places were, Bukana (A Brutal Murder of a Dalit by a mob of Rajput community People), Secondly at Saroda village, Dist: Ahmedabad (A Gang rape of a Dalit Woman), and at thirdly at Viramgam, Dist: Ahmedabad (A Death of a Manual Scavenger). The above stated places were witness of a alleged atrocity over scheduled cast and hence they were thoroughly visited by the State CAG Group, as a mater of fact the group has already visited the Bukana Village at Banaskantha District, after such visit of the affected place, the group for a state level advocacy in the same case visits the State Capital Gandhinagar. At Gandhinagar the Group approaches various agenesis and department who were held responsible for providing protective as well as the rehabilitative aid to the effected 100 people belongs to scheduled cast community.  (Migrated 19 Scheduled cast families of Bukana Village) The Case of Bukana (A brutal Murder and spot migration of Dalit Mass), which received a prompt response along with affirmative steps from the Commissions. Specifically in the Bukana Case “ Brutal Murder of a Scheduled Cast person followed with spot migration of more than 100 scheduled cast community people from the Bukana village is a classic example of successful NHRC interventions. The said case was put by the EC-EIDHR Gujarat as a complain to the NHRC via NHRC Case Number: 409/6/4/07-8/UC in response to the said complain NHRC promptly issue deracinate later addressing the State Government to provide immediate relief as well as compensation and security to the affected scheduled cast mass. As because of such affirmative action from the commission the victim were provided with temporary shelter at the District Collector office with police protection, moreover the victim were also provided with Cash doll as a immediate relief to each of the migrated persons. The family of the decade also received some of Rs:  1, 50,000/ compensation. And last but not least on the 2^nd August 2008 a grand order from the District collector of Banaskntha stating relief of 16 hector of cultivation land to the effected 19 scheduled cast family. As per this order each of the effected family were been allocated 2 acear of land at the Chtroda village of Disha Taluka, District: Banskantha as a part of there rehabilitation process.

1.7.2.4   Fact Finding Missions

During the project time frame the CAG as a Group has conducted 18 fact finding mission, (the detail of each visits is mention in Annexure: 1) among them the prominent ones are Fact finding of Saroda gang rape and murder of a Dalit woman, Bukana death and forced migreteatin of a Dalit mass, Death of a Safai karmchari at Virmangam, Vadodara and Ahmedabad. This fact finding were,

Fact Finding: 1

Compensation for Dalits affected by a murder in Bukna:  In the first quarter, EIDHR Gujarat carried out a remarkable intervention in a case arising out of Bukna village, Sabarkantha District.

On 29 August 2007, a Dalit was murdered by his upper-caste neighbors over a land dispute.  Once the victim’s family lodged a complaint against the upper-caste perpetrators, the rest of the victim’s Dalit community believed their security to be threatened.  As a result, all 95 Dalits of Bukna village left their homes and migrated to the front of the District Collector’s office.  They are afraid to return home.

Members of Bukna’s Dalit community camped outside the Collector’s office, Palanpur, Banaskantha.

The EIDHR Gujarat team intervened shortly after the community’s migration to the Collector’s office.  Through its efforts, the perpetrators who had still been at-large were finally arrested.  However, after the arrest, the investigation stood at a standstill.  Therefore, EIDHR Gujarat submitted a complaint to the National Human Rights Commission on this matter asking that the provisions of The SC/ST (Prevention of Atrocities) Act, 1989 and its accompanying 1995 be followed.   Following the submission of this complaint, the National Human Rights Commission called upon the State of Gujarat to respond to EIDHR’s complaint. 

EIDHR staff going to the Collector’s office with the victim’s community, after which it was able to secure the arrest of the accused.

In its complaint, EIDHR Gujarat submitted the following failures by the State of Gujarat in implementing The SC/ST (Prevention of Atrocities) Act, 1989:

Additionally, EIDHR Gujarat submitted the following violations of the victims’ constitutional rights by the State of Gujarat:

Current status of the case:

Due to EIDHR Gujarat’s efforts, along with the efforts of other local NGOs, a charge sheet has been filed against the accused; the Government paid the victim’s family Rs. 49000 and is paying as compensation Rs. 10/day for 3 months for each person displaced due to this incident.  Unfortunately, however, this Dalit community is still sitting outside the Collector’s office, as the government has not yet secured them with suitable housing.

Fact Finding: 2

10-year sentence for the perpetrator of a rape of a Dalit girl in Ladjipura:

A 14-year-old Dalit girl was abducted and raped by a 48-year-old man on 24 May 2007. 

A District Human Rights Defender of EIDHR Gujarat meeting with the victim and her family.

In September 2007, upon hearing that the case had not yet been prosecuted, a team from EIDHR Gujarat intervened.  They collected the charge

sheet, interviewed witnesses and helped prepare the victim for trial.  Through their efforts, EIDHR was able to secure a conviction in December 2007.  The perpetrator received the following sentence:

Fact Finding: 3

Seeking accountability for the death of a sanitary worker in Viramgam: 

On 3 August 2007, a sanitary worker died from exposure to toxic fumes while working for the Viramgam Sanitary Inspector.  He was made to work a double shift, throughout the night in hazardous conditions without any protective gear, despite a government order stating that sanitary workers must be provided with protective gear while working. 

EIDHR Gujurat staff holding a rally in Viramgam demanding accountability for the death of the sanitary worker.

A team from EIDHR Gujarat assisted the victim’s family in lodging a complaint against the government officials responsible for his death, namely the Chief Officer and Sanitary Inspector.  EIDHR Gujarat also spent several days meeting with various government officials before it was able to secure an agreement with them for compensation for the victim’s family and an investigation into the role of the Chief Officer and Sanitary Inspector in the victim’s death.  The terms of the agreement reached on 4 August 2007 are as follows:

Thanks to EIDHR Gujarat’s efforts, the victim’s family immediately received Rs. 1,72000 and temporary employment from the government.  Unfortunately, the remainder of what was promised in the 4 August agreement has yet to be delivered.  Therefore, EIDHR Gujarat is currently filing a petition in the High Court, asking the Court to direct the government to fulfill the promises it made in the agreement negotiated by the EIDHR team. 

                                                                             The son of the victim at a ceremony relating to his father’s death.

Fact Finding: 4

Exposing manual scavenging in Paliyad: EIDHR Gujarat learned of a sanitary worker in Paliyad forced by the Paliyad Gram Panchayat to manually clean human feces found in an open area.

This open space is used by village residents for defecating due to the lack of flush latrines in Paliyad.

 The panchayat responds to any complaint by the sanitary worker by threatening to fire him.  Since there is so much work to be done, the sanitary worker is forced to enlist the aid of his family members in this work of manual scavenging.  Moreover, the trolley given to him by the panchayat broke, and thus, he and his family members are forced to carry human feces in a basket on their head.

EIDHR Gujarat has made efforts to end this work, as it violates the 1993 act prohibiting manually scavenging.  It has written to the District Collector calling upon the Collector to lodge a complaint against the Paliyad Gram Panchayat.  Additionally, EIDHR Gujarat filed a Right to Information petition seeking information on the amount of dry latrines and similar structures existing in Paliyad, as well as the number of complaints lodged by the Collector under the 1993 Act.  After receiving unsatisfactory answers from the Collector, EIDHR Gujarat filed a petition with the National Human Rights Commission and the National Commission for Safai Karamcharis.  EIDHR Gujarat requested each Commission to direct the responsible public officials to do the following:

EIDHR Gujarat has also documented by video and photography the work this sanitary worker is compelled to do, in order to pressure the Government of Gujarat to make a real commitment to ending this practice.

“MANUAL SCAVENGING OR DEATH SCAVENGING”

CAG intervention covering five incident of consequent death of the Safai Karmcahri while working in the Manhole,

(Death of five Safai karmcahri because of hazardous affect from Gas in the Manhole)

Fact Finding: 5

At Vadodara District, State: Gujarat:

(File Photograph of the Decades wives who is now widow and have to look after her family as an alone)

(Photograph showing the depth ness of the place of incident which is more than 35 feet, and narrow in width resulted death of two safai karmchari at Vadodara)

The First one,

Is the absence of section 3(1) 6 of the Atrocity Act: 1989 in the registered FIR vary with Crime registration No: 107/08, at Vadodara.

Secondly,

Absence of any legal steps/procijar agents the Vadodara Municipal Corporation, as per the rules and provision of the Employment Manual Scavengers and Construction of Dry latrines (Prohibition) Act: 1993.

Thirdly,

As per the Rule-15 of the Scheduled Cast & Scheduled Tribe (Prohibition) of the Atrocity Act:1989, the state Government is  held responsible & liable to regulate and enforce the implement the provision of the said act, so as per the upward rule-15 of the SC/St Act 1989 the state Government is expected to implement the act. In that case the state government is expected to take appropriate action towards the consent government officials as per the section: 4 of the Atrocity Act: 1989. (Section: 4 of the Atrocity Act: 1989 Punishment to the Government Officials for his/her negligence in executing his/her duty in implementing the Act) 

And fourthly,

A Complain from the Sub-Divisional Magistrate towards the Vadodara Nagarpalica, Vadodara, followed with appropriate affirmative steps to penalize the responsible accused. (As per the Rule-17 of The Employment Manual Scavengers and Construction of Dry latrines (Prohibition) Act: 1993)

Death of Safai karmcahri at Ahmedabad:

At Ahmedabad and near to Saijpur Boga Pumping station two Safai karmcahri namely, Yogeshbhai Jivan and Ramnivas were died after they were seriously affected by the Hazardous gas of the Manhole, both were died on the spot. In this incident also they were not equip with any of the safety equipments, (please referred hear that they were not provided with any of the Safety Equipments by the Municipal Corporation- Ahmedabad)

Similarly,

(The decade’s family four children along with a wife of a decade: Shambhubhai Ranchodbhai Parma)

STATE LEVEL ADVOCACY BY THE CAG:

The detail of Memorandum submitted to District Collector & the Chairperson for the District Vigilance Committee-Ahmedabad.

Dated: 31^st July-08 at Collector office Ahmedabad.

On the 31^st of July-08 a group of people comprising people from local NGO Navsarjan (EC-EIDHR Project CDHR-Ahmedabd) as well as actual victim from across the District submitted a memorandum to the Ahmedabad District Collector & the Chairperson for the District Vigilance Committee-Ahmedabad. The memorandum is stating grave loopholes and lethargic attitude of the various law enforcement agenesis in implementation the Scheduled Cast & Scheduled Tribe (Prevention of Atrocity) Act, 1989. The actual victim of Dalit Right violation came to gather along with local NGO namely Navsarjan (EC-EIDHR Project- CDHR-Ahmedabad) presented and submitted the respective memorandum to the District Collector.

File Photograph of Submission of a Memorandum to the DC- of Ahmedabad on 31^st July-08.

Similarly in the last two year the CAG Secretariat has conducted more than 76 such visits of various state level departments and office of the other stakeholders among them the prominent were the principle secretary of the social well fare Department, State Vigilance department, the chief secretary of the state Human Rights commission. All the 76 visits have a prime objective of pressurizing the state government agenesis to act in the accordance of provision and law. The case of Bukana, death of Safai karmcahri at Virmangam, Vadodara, Ahmedabad, & Himmatnagar demand lots of efforts from the CAG secretariat. Mean while it is also worth to mention hear that the CAG secretariat has also facilitate some of the participate efforts in organizing and conducting programs and sensitizing program. An example of the same is that on the 31^stMay-08 the CAG Group along with the active support from the Vigilance Department has organized a one day sensitizing workshop for the Vigilance committee members. The said workshop has covered all the essential parts such as the roll and duty of the Vigilance committee members, 26 such members has participated in the workshop which was organized at the khetbhavan, Ahmedabad on the 31^st May-08.

CAG WITH ITS ADVOCASY EFFOERTS:

Date: - 25/10/2008

To,

The Hon’ble President of India,

Smt. Pratibha Devisingh Patil,

Rashtrapati Bhawan,

New Delhi.

Subject: Regarding submitting a Ground reality report on lack of Implementation of The Scheduled Cast and Scheduled Tribe (Prevention of Atrocity) Act: 1989 at Gujarat State.

Respected, Honourable President,

We the Centre for Dalit Human Right is a socio-legal unit of Navsarjan Trust, (An Ahhmedabad- Gujarat based NGO) who is primary working on protecting and securing the rights of the Scheduled Cast in Gujarat, we are operational in 14 district ( 45 block or 3500 villages of Gujarat).  We were initiated by Mr: Martin Mecwan (a pro-dalit activist) in the year 1989 after a brutal murder of four dalit at Golana village of Khambhat Taluka Dist: Anand, State: Gujarat. Right now the Trust is actively engaged in the following themes with an objective of strengthening the non-cooperation movement with caste discrimination in Gujarat, these themes were,

• Women’s Rights Campaign
• Minimum Wage Implementation Campaign:
• Manual Scavenging Eradication Campaign:
• Land Rights Campaign:
• Centre for Dalit Human Rights (CDHR) and Additional Legal Work:
• Human Rights Value Education:
• Dalit Shakti Kendra (DSK):

Now as a part of our advocacy effort we hear with this report take a privilege to submit you some of the ground reality of continuous failure in implanting The Scheduled Cast and Scheduled Tribe (Prevention of Atrocity) Act: 1989 at the Gujarat State. The said act was passed with a unanimous goal to prevent any kind of atrocity over the Scheduled Cast and Scheduled Tribe community person but with a very sad voice we let you know that the said act not even properly imbibed by the consent government authorities, the lethargic attitude of the Judicial as well of the administrative system has lead a worse condition then ever before, kindly peruse the attach report which prove our allegation.

A Ground reality report on lack of Implementation of The Scheduled Cast and Scheduled Tribe (Prevention of Atrocity) Act: 1989 at Gujarat State.

Second Chapter of the Atrocity (SC/ST) Act-1989:

Section 3 establishes the different offences and punishments that should be carried out for crimes committed against members of Scheduled Castes or Scheduled Tribes.  However, we have seen the Police Complain (FIR) in Gujarat lodge the majority of complaints only under Section: 3(1)10 of the SC/ST Act-1989, even though the form of the crime in each case is different. 

In this regard, our prayer to the State Ministry of Home is to enforce government resolutions designed to eradicate this practice of registering all of the atrocity incidents under section: 3(1)10.  We recommend starting from the bottom of the police system and working up through the system.  The State Ministry of Home should take appropriate action to regulate the proper implementation of Section 3 of the SC/ST Act-1989. 

Section 4 of the act clearly establishes the punishment for government servants that neglect or wilfully neglect his/her duty.  However, we have noted that the State Ministry of Home has taken such provisions very lightly.  Therefore, they have failed to ensure the proper implementation of the Section 4 of the SC/ST Act-1989.

Section 7 of the act establishes that after perpetrators are successfully convicted for their actions against non-Scheduled Castes or Scheduled Tribes, their moveable and non-moveable assets are to be seized by the Special Court (Special court is defined in Section 14 of the SC/ST Act-1989).  However, we have not found a single case over the last decade in which the assets of the perpetrators have been seized by the Special Courts in Gujarat. 

Third Chapter of the Atrocity (SC/ST) Act-1989:

Section 10 establishes “the provision of Tadipar.” However, this provision has hardly been utilized by any law enforcement agency in Gujarat, resulting in high rates of violence towards the Scheduled Castes within the state. We hereby request the State Ministry of Home to come forward and to issue a necessary notification or government resolution and ensure the implementation of these provisions.

Fourth Chapter of the Atrocity (SC/ST) Act-1989:

Section 14 of the SC/ST Act-1989 calls for the formation of Special Courts to adjudicate cases of violations against communities of Scheduled Castes and Scheduled Tribes.  However, only ten (10) of the 26 districts in Gujarat have established such Special Courts. Furthermore, these Special Courts that have been built are in poor physical shape with inadequate basic facilities such as insufficient water and electricity supply and other such infrastructural deficiencies.  It has also been reported that in some Special Courts, there are no spaces for the victims to sit.  

Hence, as per Section 14 of the SC/ST Act-1989, each district in Gujarat should be equipped with such Special Courts.  Additionally, all of the previous cases involving the SC/ST Act-1989 that have been thrown out from  the courts should be readmitted into these Special Courts, and the process of filing of charge sheets should be completed as soon as possible.

The provisions under Sub-Section 4(2) of the SC/ST Act-1989 require the appraisal or evaluation of the Special Public Prosecutor. (As per Section 15 of the SC/ST Act-1989, the prosecutor is specially appointed to adjudicate the legal proceedings.)  We have noted that only the Ahmedabad District Collector has exercised this appraisal of the Special Public Prosecutor, which occurred only as a result of several reminders given to him.  These gaps demonstrate that the Special Public Prosecutor has not been keen to perform his duty to ensure the rights of Scheduled Caste and Scheduled Tribe victims. 

Here, we urge you to take all necessary steps to ensure that the State Ministry of Revenue issues government resolutions and/or notifications to rectify these loopholes. 

Fifth Chapter of the Atrocity (SC/ST) Act-1989:

Subsection 16 (Atrocity Act-1989) establishes a “collective fine.” However, to date this subsection has not been utilized to penalize any opponents or accused members of the upper-caste.  As a result of such gaps, we have seen an increased number of group and collective acts of atrocity against communities of Scheduled Castes and Scheduled Tribes.

Note:

The committee has full knowledge of all of the information regarding the above-mentioned violations in Gujarat. If anybody wants to access the information, the committee will disclose it. 

On 31 March 2008, the government of India amended the Scheduled Caste and Scheduled Tribe Prohibition of Atrocity Act-1989 by amending the 1995 Rules. However, the State Government has not obeyed or enforced these rules and has even gone as far as to violate the new laws.  The following are examples of such instances:

Rule 3: Identification of Atrocity-Prone Areas:

The State Ministry of Home has announced that 11 of the 26 districts in Gujarat are atrocity-prone areas.  However, we note that the majority of the 26 districts should be classified as atrocity-prone areas.  The Directorate General of Police (DGP) has also recognized this.  In a letter from the DGP to the State Ministry of Home dated 25 November 2005 (G-2/1997/Atrocity Prone Dist), the DGP has requested to announce the majority of the districts as atrocity-prone areas.  Since the State Ministry of Home has not yet responded, we consider this matter to be negligence on the part of the State Ministry of Home towards securing the rights of Scheduled Castes in Gujarat. 

Rule 4:

The Law Ministry has to create a panel of senior lawyers to look after the penal proceeding as per rule 4(1) of the SC/ST Atrocity Act-1989.  However, there is no such functioning committee in any Gujarati district.

Rule 5:

Regarding information sought on Incharge Police Officials, it is worth noting that none of the offices of the District Superintendent of Police are willing to provide information.  Even after registering a complaint at the district, no action was taken by the officials to respond to the complaint. In Gujarat, the implementation of Sub-Rule 3 is completely missing.

Rule 6: Visits of the Atrocity Placed by the Officers:

As per Rules 1 to 5, each of the district level designated officers, such as the District Collector, District Superintendent of Police (DySP), sub-divisional magistrate, and executive magistrate, are required to visit the places where atrocities against people of Scheduled Castes or Scheduled Tribes have taken place.  These officers are then required to send a report to the state government about the atrocity incident.  However, none of these high-ranking officials have ever been found taking such visits. As a result, many cases result in mismanagement and in the accused justifying his/her malfeasance.  If the high-ranking officials actually took these visits, it would help to ensure a pure and prompt investigation process and would even increase the self-confidence of the victims in the investigation process. 

Rule 7: Violation of Rules 1 to 3 – Regarding the Provision of the Investigation Officer:  

Between 2001 to 2006, 5,593 cases were registered as atrocity offenses, of which 5,370 (96%) were investigated by an officer lower in rank than the DySP.

Rule 7(2):

As per the rule, the charge sheet for all filled cases should be completed and filed within 30 days.  However, it has come to our attention that out of 5,344 total cases, only 3,087 (58%) met the 30-day deadline. The remaining 2,259 cases (42%) were not investigated and did not have a filed charge sheet within 30 days. 

Note:

The sources of information are the offices of the District Police Superintendent located in each district of Gujarat.

Rule 8: Establishment of SC/ST Protection Unit Lay Out as per Rules 1 to 11.

As per the sub-rule 8(3), there should be an allied police force that protects the Scheduled Castes and Scheduled Tribes in selected territories. In this regard, the office of the DGP has issued a demand for an approval of appointment of police staff to protect members of this community.  However, to date the State Ministry of Home has not responded to the demand. 

Rule 8(7):

As per this rule, the State Ministry of Home has to ensure investigating proceedings within 30 days.  Hence, the Ministry is required to ensure that appropriate action is taken toward all of the connected officials who have failed to complete the investigating proceedings within 30 days. 

Sub-Rule 8(8):

As per Rule 5 and Sub-Rule 3, it is mandatory to register all of the verbal and writing petitions and complaints, and to maintain separate registers to note these complaints. Furthermore, if this process is not maintained, then Rule 5 outlines appropriate actions and steps that the District Superintendent of Police should take.  If the lower officer has failed to perform according to Rule 5, the respect DSP should proceed as per Sub-Rule 3.  At the present time, these steps have not been taken.  

Sub Rule 8(9): Wilful Negligence of His/Her Duty Posed by the State Government Servant:

As of now, 85 complaints of wilful negligence of a State Government Servant have been forwarded by the Add. DGP (SC/ST Cell) to the State Ministry of Home to take appropriate punishment action.  However, none of the complaints have been taken into serious consideration by the State Ministry of Home. 

 Rule No: 9 Appointment of the Nodal officer:

The above stated post is a regular post as far as the provision is consent, but than also the Principle Secretary of the Social justice & Empowerment Department is appointed as a Nodal Officer with a additional charge, virtually the said post demand lots of time and energy to perform while on the contrary the principle secretary of Social Justice & Empowerment is having lots of work to carry out. As  result of the same naturally a person who hold such position will not be in the position to justify the roll of Nodal office therefore the said post should have a full time person rather than a temporary allocation as additional charge to some officer.

Rule: 10 of the act laid down allied and separate appointment of the District Magistrate as a special officer to regulate. But excitingly the vigilance officer of the social Justice & Empowerment Department were appointed for the said post (whether on a temporary based or as addition charge duty)

Kindly sir acknowledge our effort and do ensured some positive steps in this regards,

You’re sincerely,

Kirit Rathod

State CAG Secretariat,

CDHR

Navsarjan Trust

Ahmedabad.