SC/ST (Prevention of Atrocities) Amendment Rules, 2016

SC/ST (Prevention of Atrocities) Amendment Rules, 2016
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Highlights

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.

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.

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.

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.

Based on the recommendations contained in the 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) Rationalisation 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; and (iv) Increase in the existing quantum of relief amount, which is between Rs 75,000 and Rs 7, 50,000, depending upon the nature of the offence.

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