The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016 notified

Amendments done in the Principal Rules namely the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 by the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016 have been notified yesterday.

    Consequent upon amendments done in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) {PoA} Act, 1989 by the Scheduled Castes and the  Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (No. 1 of 2016), certain amendments had been  necessitated in the subordinate legislation namely the Scheduled Castes and the  Scheduled Tribes (Prevention of Atrocities) Rules, 1995, made by the Central Government in exercise of powers conferred by sub-section (1) of  Section 23 of the PoA Act.

2.  Accordingly a Task Force was constituted under Chairpersonship of the Secretary, Department of Social Justice and Empowerment, Ministry of Social Justice and Empowerment, vide Order dated 22.01.2106, with members drawn from Ministries of Social Justice and Empowerment, Home Affairs, Tribal Affairs, Law and Justice, National Commission for Scheduled Castes, National Commission for Scheduled Tribes, State Governments of Andhra Pradesh, Bihar, Uttar Pradesh, Madhya Pradesh, Maharashtra, Rajasthan, Tamil Nadu and Odisha. The Task Force having held two meetings on 02.02.2016 and 22.02.2016, finalized its report.  Based on the recommendations contained in the said Report of the Task Force and the introspection done in the Department of Social Justice and Empowerment, amendments of following nature have been done in the PoA Rules:-

(i)  Amendments of consequential nature arising from amendments done in the PoA Act.

(ii) Rationalization of the phasing of payment of relief amount to victims for various offences of atrocities, and substitution of  Annexure-I of the Schedule to the PoA Rules, which specifies relief amount for various offences of atrocities. This includes prescribing relief for new offences of atrocities as well for rephrased/expanded offences and not linking payment of any part of relief amount with the requirement of medical examination for non-invasive kind of offences against women like sexual harassment, gestures or acts intended to insult the modesty, assault or use of criminal force with intent to disrobe, voyeurism, stalking.

(iii) Provision of relief for offences of rape and gang rape.

(iv) Increase in the existing quantum of relief amount i.e. between Rs. 75,000/- to Rs. 7, 50,000/-, depending upon the nature of the offence, by around 10%, as rounded of i.e. between Rs. 85,000/- to Rs. 8, 25,000/-, depending upon the nature of the offence, while linking it with the Consumer Price Index for Industrial Workers for the month of January, 2016.

3. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, have been accordingly notified in the Gazette of India Extraordinary on 14^th April, 2016.