Rajya Sabha passes SC/ST Bill unanimously through voice vote

After seeing several days of adjournments, the Rajya Sabha on Monday unanimously passed Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment bill in a matter of minutes and that too through a voice vote and without any debate.

The BJP was keen to get the bill through, especially to undo the damage done by RSS chief Mohan Bhagwat's remarks given during Bihar polls that were dubbed as anti-Dalit quota by the opposition. The party also thinks that the passage of the bill would improve its image among Dalits that in turn could brighten its prospects during the UP state assembly elections due in 2017.

Of late BJP has been taking lot of brickbats for being intolerant and insensitive towards Dalits, especially after union minister V K Singh's remarks given on the purported killing of two Dalit girls in Haryana recently.

Deputy Chairman P J Kurien took up the SC and ST (Prevention of Atrocities) Amendment Bill, 2015 that aims to prohibit the commission of offences against members of the SCs and STs and adds provisions for establishing special courts for the trial cases of such offences and the rehabilitation of victims, in the second half of day.

The sudden change in the atmosphere of the upper house that until recently failed to transact any business because of frequent pandemonium, prompted the deputy chairman Kurien to observe, "There is perfect calm and tranquility. Everybody is cool. A cool breeze is blowing. I don't know where this breeze is coming from."

The amended bill adds new categories of actions to be treated as offences committed by non SCs and STs and amends certain existing categories. Impeding certain activities related to voting especially vote or not vote for a particular candidate will also be considered an offence.

The new offences include - Garlanding SCs and STs with footwear; Compelling to do manual scavenging or dispose carry animal or human carcasses; Abusing SCs/STs in public by caste name; Disrespecting any deceased SCs/STs person held in high esteem or attempting to promote feelings of ill-will against SCs/STs and threatening or imposing economic and social boycott.

The offences in case of sexual exploiting of SC or ST woman would include - Using acts, words or gestures of a sexual nature against SC/ST woman; Touching an SC/ST woman intentionally in a sexual manner without her consent; Practice of dedicating an SC/ST woman as a devadasi to a temple.

Other actions that will be considered as an offence are Preventing SCs/STs using common property resources, entering any places of public worship that is open to the public, and entering an education or health institution.
In case of any violation of any provisions mentioned in this act the courts will presume that the accused non SC/ST person was aware of the caste or tribal identity of the victim, unless it is proved.

The bill also adds provision specifying duties of public servants which includes, registering a FIR or complaint, public servant must read out the information given oral complaint by SC/ST person before taking the signature of the victim and giving copy of this information to the victim. It should be noted that parent Act has provision mentioning that public servant (non SC/ST) neglecting his duties related to SCs/STs will be punished with imprisonment for a term of 6 months to 1 year.

The Bill adds provision specifying establishment of exclusive Special Court and Special Court at the district level to try offences mentioned under this Act. Exclusive Public Prosecutor and Public Prosecutor will be appointed for every Exclusive Special Court and Special Court.

A new chapter added to the bill dealing with the rights of victims and witness mentions that it shall be the duty of the state to make arrangements for the protection of victims and their dependents and the witnesses. It also mentions that state should specify a scheme to ensure the implementation of rights of victims and witnesses.