Holding

The Court held that the authorities have failed to implement the SC/ST (Prevention of Atrocities) Act and its Rules and therefore directed the Central and State Governments, the National Commissions and the National Legal Services Authority to strictly enforce the Act and provide free legal aid.

Summary

The National Campaign on Dalit Human Rights and other NGOs filed a writ petition under Article 32 seeking enforcement of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and its 1995 Rules, alleging widespread non‑implementation by State and Central authorities. They pleaded for directions to set up special and nodal officers, protection cells, identify atrocity‑prone areas, establish special courts, provide compensation and free legal aid. The Court examined constitutional guarantees of equality, non‑discrimination and free legal aid under Articles 15, 17, 39A, 46, 338 and 338A. Finding that the authorities had failed to comply with the Act and Rules, the Court held that such failure violated constitutional goals. Accordingly, it directed the Central and State Governments, the National Commissions for SCs and STs, and the National Legal Services Authority to strictly enforce the Act, monitor implementation, and formulate schemes for awareness and free legal aid. The petition was disposed of with these directions and no costs were awarded.

Issues considered

The extent of the duty of the Central and State Governments to enforce the SC/ST (Prevention of Atrocities) Act, 1989 and its Rules.
Whether the Supreme Court can issue mandamus and other writs under Article 32 to compel compliance with the Act.
Whether the failure to implement the Act infringes constitutional provisions guaranteeing equality and protection of Scheduled Castes and Scheduled Tribes.
Whether the National Commissions for SCs and STs and the National Legal Services Authority must be directed to undertake specific monitoring and legal‑aid measures.

Legislation cited

Constitution of Indias. Article 15, s. Article 17, s. Article 338, s. Article 338A, s. Article 39A, s. Article 46, s. Preamble
Indian Penal Code, 1860
Legal Services Authorities Act, 1987s. Section 12, s. Section 4(m)
Probation of Offenders Act, 1958
Protection of Civil Rights Act, 1955 (formerly Untouchability (Offences) Act, 1955)
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989s. 14, s. 21(4)
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995s. Rule 10, s. Rule 15(1), s. Rule 16, s. Rule 17, s. Rule 3, s. Rule 8, s. Rule 9

Subjects

SC/ST (Prevention of Atrocities) ActArticle 32Constitutional equalityDalit rightsImplementation of legislationNational Commissions for SC/STLegal aidSpecial courtsHuman rightsMandamus

Judgment

[2016] 9 S.C.R. 122

A NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS.
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 140 of2006)
DECEMBER 15, 2016
B
[T. S. THAKUR, CJI, DR. D. Y. CHANDRACHUD AND
L. NAGESWARA RAO, JJ.]
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 - Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Rules, 1995 - Implementation of- Sought
C by filing petition u!Art. 32 of Constitution - Seeking directions to
the authorities concerned to enforce the provisions of the Act and
Rules - Held: The constitutional goal of equality for all the citizens
can be achieved only when the rights of Scheduled Castes and
Scheduled Tribes are protected - Though the Act is comprehensive
D enough to deal with the social evil, there has been failure on the
part of the authorities concerned in complying with the provisions
of the Act and the Rules - Therefore, the Central and the State
Governments are directed to strictly enforce the provisions of the
Act and the Rules - National Commissions for Scheduled Castes
and for Scheduled Tribes are also directed to discharge their
E duties - National Legal Services Authority is requested to formulate
appropriate schemes to spread awareness and provide free legal
aid to members of the Scheduled Castes and Scheduled Tribes -
Constitution of India - Preamble; and Arts. 15, 17, 39A, 46, 338
and 338A.
F Disposing of the petition, the Court
HELD: 1. The Preamble to the Constitution of India
provides for social, economic and political justice and equality of
status and opportunity to all its citizens. Article 15 of the
Constitution prohibits discrimination on the grounds of religion,
G race, caste, sex 'or place of birth. Untouchability is abolished and
its practice in any form is forbidden by Article 17 of the
Constitution. Article 46 provides for promotion of educational
and economic interests of Scheduled Castes, Scheduled Tribes
and other weaker sections. Article 39A of the Constitution
provides for free legal aid. Articles 338 and 338A of the
H
122
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. 123
v. UNION OF INDIA & ORS.

Constitution provide for constitution of National Commissions A
for Scheduled Castes and Scheduled Tribes respectively. The
duties of the National Commission are provided in the Rules of
Procedure of the National Commission for Scheduled Castes. To
give effect to Article 17 in its true letter and spirit, the Parliament
enacted the Untouchability (Offences) Act, 1955. Several
B
amendments were made to the said Act which was rechristened
as the 'Protection of Civil Rights Act, 1955'. The Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act was
made in 1989 because the Parliament found that the provisions
of the Protection of Civil Rights Act, 1955 were inadequate and
did not curb the evil practice of atrocities against Dalits. [Paras c
3, 4, 5, 7, 11) (129-E-F, G; 130-A; 133-C-D; 137-B-C; 139-D-E)
2. The Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 enlarges the scope of criminal liability
by including several acts or omissions of atrocities which were
not covered by the Penal Code or the Protection o! Civil Rights D
Act, 1955. The Act also provides protection to the Scheduled
Castes and Scheduled Tribes for various atrocities affecting social
disabilities, properties, malicious prosecution, political rights and
economic exploitation. The Act also provides for enhanced
punishment for commission of offences against the Scheduled
Castes and Scheduled Tribes. The minimum punishment for E
neglect of duties committed by a public servant was also
increased. Provisions were made for granting minimum relief and
compensation to victims of atrocities and their legal 'heirs. The
other salient features of the Act include externment of potential
offenders from Scheduled Areas and Tribal Areas as well as F
attachment of the properties of the accused. The Act prohibits
the grant of Anticipatory Bail to the accused and the Probation of
Offenders Act, 1958 was also made inapplicable to the Act. Certain
preventive measures provided in the Act include cancellation of
arms licenses of potential offenders and even grant of arms
licenses to Scheduled Castes and Scheduled Tribes as a means G
of self defence. [Paras 7, 8) (137-E, G-H; 138-A-C]
3. There has been a failure on the part of the concerned
authorities in complying with the provisions of the Act and Rules.
The laudable object with which the Act had been made is defeated·
H
124 SUPREME COURT REPORTS [2016] 9 S.C.R.

A by the indifferent attitude of the authorities. It is true that the
State Governments are responsible for carrying out the provisions
of the Act. At the same time, the Central Government has an
important role to play in ensuring the compliance of the provisions
of the Act. Section 21(4) of the Act provides for a report on the
B measures taken by the Central Government and State
Governments for the effective implementation of the Act to be
placed before the Parliament every year. The constitutional goal
of equality for all the citizens of this country can be achieved only
when the rights of the Scheduled Castes and Scheduled Tribes
are protected. The abundant material on record prov~s that the
C authorities concerned are guilty of not enforcing the provisions
of the Act. The travails of the members of the Scheduled Castes
and the Scheduled Tribes continue unabated. The Central
Government and State Governments are directed to strictly
enforce the pro,visions of the Act. The National Comn1issions
D are also directed to discharge their duties to protect the S beduled
Castes and Scheduled Tribes. The National Legal Services
Authority is req11ested to formulate appropriate schemes to
spread awareness and provide free legal aid to members of the
Scheduled Castes and Scheduled Tribes. [Para 12) [139-G-H; 140~
A-C]
E Safai Karamchari Ando/an. v. Union of India .2014
(4) SCR 197 : (2014) 11 SCf;: 224 - relied on-•.
4. The Petitioners are at libert)' to approach the concerned
authorities and thereafter the High Courts for redressal of their
grievances, if any. [Para 13) U40-G)
F
Case Law Reference
2014 (4) SCR 197 relied on Para 12
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
140of2006.
G Under Article 32 of The Constitution oflndia.
Suryanarayana Singh, Sr. AAG, S. K. Pabbi, S. S. Shamshery,
AAGs, Colin Gonsalves, Sr. Adv., Ms. Pallavi Sharma, Ms. Jyoti
Mendiratta, Ms, Rekha Pandey, Vijay Prakash, Dhruv Sheoran, Karann
Seth, Ansh Singh Luthra, B. K. Prasad, Ajay Kumar Singh, S. K. Gupta,
H Raj Bahadur Yadav, D. S. Mahra, Ms. Sushma Suri, S. Udaya Kumar
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. 125
v. UNION OF INDIA & ORS.

Sagar, Baskula Athik, Anil K. Jha, Ms. Priyanka Tyagi, Gopal Singh, A
Manish Kumar, Ms. Shreyas Jain, Ms. Disha Singh, Shivendu Gaur,
Ms. Pragati Neekhra, V. N. Raghupathy, Prakash Jadhav, Harishankar
Sharan, Dr. Monika Gusain, K. K. Shukla, Rituraj Biswas, Jatinder Kumar
Bhatia, Ashutosh Kumar Sharma, Ravi P. Mehrotra, K. V. Jagdishvaran,
Mrs. G. lndira, Shuvdeep Roy, Sayooj Mohan Das, Sapam Biswajit
B
Meitei, Naresh Kumar Gaur, Ms. Linthoingambi Thongam, Surendra
Kumar Gupta, Ajay Singh-I, Amit Shanna, Prateek Yadav, Ankit Raj,
Mil ind Kumar, M. Yogesh Kanna, Ms. Nithya, Nishant Katneshwarkar,
Arpit Rai, K. Enatoli Serna, Ms. Edward Belho, Amit Kumar Singh,
L. Luikang Michael, Ranjan Mukherjee, K. V. Kharhyngdoh, V. G.
Pragasam, Prabu Ramasubramanian, Mishra Saurabh, Ankit G. Lal, c
· Ms. Hemantika Wahi, Ms. Puja Singh, Ms. Aagam Kaur, Ms. Aruna
Mathur, Yusuf Khan, Avneesh Arputham, Ms. Anuradha Arputham,
Abhijit Sengupta, Anil Shrivastav, Avijit Bhattacharjee, B. S. Banthia,
Gunnam Venkateswara Rao, Khwairkppam Nob in Singh, Manish Kumar
Saran, Mrs. Anil Katiyar, Sanjay R. Hegde, Sibo Sankar Mishra, T. V.
D
George, M. P. Jha, Vishwajit Singh, Mis. Corporate Law Group, P. V.
Yogeswaran, Advs. for the appearing parties.
The Judgment of the Court was delivered by
L. NAGESWARA RAO, J.
"I do not want to be reborn, but if I am reborn, I wish that I E
should be born as a Harijan, as an untouchable, so that I
may lead a continuous struggle, a lifelong struggle against
the oppressions and indignities that have been heaped upon
these classes of people". - Mahatama Gandhi
1. The Petitioners who are volu.ntary organisations are continuing F
the struggle for emancipation of members of Scheduled Castes and
Scheduled Tribes. The Petitioners have filed this Writ Petition aggrieved
by the non-implementation of the Scheduled Castes and Scheduled Tribes
(Preventiqi1 ofAtrocities) Act, 1989 (hereinafter referred to as 'the Act')
and the rules made thereunder, seeking the following reliefs: G
A. "Issue a writ of mandamus or any other appropriate
writ, order or direction, directing the Respondents to
set up special officers, nodal officers and protection
cell as required under the Act forthwith.
B. Pass an order directing the nodal officer to investigate H
126 SUPREME COURT REPORTS [2016] 9 S.C.R.

A every case where a complaint is made to him regarding
negligence of a police officer, where the F/Rs are
illegally no registered or registered improperly, where
charge sheets are filed late, where the investigation is
done by an officer lower in rank than a Dy. SP, and to
take action against the officer concerned for acting
B
contrary to the provisions of the Act in accordance with
law.
C. Pass an order directing the Respondents to file status
reports on filing charge-sheets in SC/ST (PoA) Act of
1989 cases and duration that have taken in lastfive
c years.
D. Pass an order directing the Respondents to set up
separate Special Courts for each district within six
months
D E. Pass an order directing the Respondent to file status
reports on registration of FIR 's against the erring
officials under Section 4 of the Act.
F. Pass alJ order directing the Respondents to identify and
notify atrocity prone areas and to take appropriate
E action in accordance with law immediately.
G. Pass an order directing the Respondents to file status
reports on the cases they registered against SCISTs after
the SC/ST lodged complaint and status of the cases.
H. Pass an order directing the judicial officers to carefully
F monitor all cases iri their jurisdiction to ensure that he
cases are given top priority and speedy justice is done
for the victims of caste atrocities & to make a report
every six months to the High Court.
/. Pass an order directing the District Magistrate to review
G the performance· of Special Public Prosecutors every
month & report to their respective High Court.
J. Pass an order directing the Respondent to file status
reports of the public prosecutors' performance
regarding SC/ST cases with a period of six months.
H
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. 127
v. UNION OF INDIA & ORS. [L. NAGESWARA RAO, J.]

K. Pass an order directing the District Magistrates to A
appoint senior Advocate for prosecution if the victim
so desires. '
L. Pass an order directing the Respondent to appoint,
wherever possible, public prosecutors from the SC/ST
caste and If possible SC/ST women advocates and B
impart periodic training.
M. Pass an order directing all judicial officers to play a
proactive role during the trial to ensure that the
. prosecution conducts itself competently and nothing is
done to result in any disservice to the victims. C
N. Pass an order directing the Respondents and
particularly the Director of Prosecutions to review all
cases of acquittal by the Special Courts over the last
five years which have not been carried in appeal, and
to take_, immediate steps in accordance with law. D
0. Pass an order directing all judicial officers to pay
particular attention for cases where the accused have
not been arrested.
P. Pass an order directing all judicial officers to ensure
that no pressure whatsoever is brought to bear on the E
victims or their witnesses to force them to withdraw from
prosecution.
Q. Pass an order directing the Respondents to instruct the
special public prosecutors to file for cancellation of
· bail where the same is contrary to the purpose and F
o~jective of the Atrocities Act.

R. Pass an order directing the Chief Secretary/
Administrators of the Resp011dents State/UT's to enquire
into the performance of the 1Superintendents of Police
and the Collectors of every district where atrocities are G
frequently reported and, wherever justified, punish such
officers for not acting promptly and in accordance with ·
the law.
S. Pass an order directing the Respondents to frame a
H
128 SUPREME COURT REPORTS [2016) 9 S.C.R.

A rehabilitation package forthwith in accordance with the
Act and Rules.
T. Pass an order directing the Respondents to se_J up Dalit
Legal Aid Centers operated by Dalit lawyers and funded
by the State Legal Aid Services Authority.
B u. Pass an order directing the State Governments to
implement the SC & SC (PoA) Act of 1989 fully (West
Bengal)
v. Pass an order directing the Police officers to apply their
minds to a/I.the provisions of Section 3(l)(i) to 3(l)(xv)
c while registering F!Rs.
w. Pass an order directing the Respondent that on a
complaint being made by the victim of a social/economic
'-
boycott, the Bail of the accused be cancelled and strict
action including criminal prosecution taken against the
D officials by the District Magistrates and the presiding
officers. (Compensation to be paid by the state)
x. Pass an order directing the Respondents to file status
reports on compensation and allowances paid and
remaining to be paid under the provisions of the Act for
E the last five years and to make payments of compensation
wherever due forthwith.
Y. Pass an order directing the Respondents to revised and
~

increase the applicable compensation rates and realistic
and current market prices terms.
F
z. Pass an order directing the Respondents to appoint
leading members of reputed organizations active in there
are of Dalit rights on the Monitorfhg and Vigilance
Committees throughout the State to which at least 50%
should consist of women members throughout the State.
G AA. Pass an order directing the Respondents to implement
the provision relating to imposition of collective fines
wherever applicable under this Act.
BB. Pass an order directing the Respondents for the
implementation of the NHRC Report 2002.
H
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. 129
v. UNION OF INDIA & ORS. [L. NAGESWARA RAO, J.]

Pass such other order(s) or direction(s) or writ(s) as A
de?med .fit and proper;"
2. Mr. Colin Gonsalves, learned Senior Counsel appearing for the
Petitioners submitted that he is, at present, praying for four directions
from this Court which are as follows:
"A. Issue a writ of mandamus or any other appropriate writ, B
. order or direction, directing the Respondents to set up
special officers, nodal officers and protection cell as
required under the Act forthwith.
F. Pass an order directing the Respondents to identify and
notify atrocity prone areas and to take appropriate c
action in accordance with law immediately.
S. Pass an order directing the Respondents to frame a
rehabilitation package forthwith in accordance with th~
Act and Rules. ·
D
X Pass an order directing the Respondents to file status
reports on compensation and allowances paid and
remaining to be paid under the provisions of the Act for
the last jive years and to make payments ofcompensation
wherever due forthwith. "
E
3. The Preamble to the Constitution oflndia provides for social,
economic ~d political justice and equality of status and opportunity to
all its citizens. Article IS of the Constitution prohibits discrimination on
the grounds of religion, race, caste, sex or place of birth. Untouchability
is abolished and its practice in any form is forbidden by Article I? of the
·Constitution. The enforcement of any disability arising out of F
untouchability as perArticle 17 shall be an offence punishable under the
Jaw. Article 46 reads as under:
"Article 46. Promotion of educational and eco~omic interests
of Sclieduled Castes, Sclieduled Tribes and other weaker
sections- The State shall promote with a special care the G
education and economic interests of the weaker sections of
the people, and, in particular, of the _Scheduled Castes and
the Scheduled Tribes , and shall protect them from .social
injustice and all forms of exploitation. " ·
H
130 SUPREME COURT REPORTS (2016] 9 S.C.R.

A Articles 338 and 338A of the Constitution provide for constitution of
National Commissions for Scheduled Castes and Scheduled Tribes
respectively. The relevant portions ofArticles 338 and 338Aare as under:
"Article 338. National Commission for Scheduled Castes.
(]) There shall be a Commission for the Scheduled Castes to
B be known· as the National Commission for the Scheduled
Castes.
* * *
(5) It shall be the duty of the Commission-

c (a) to investigate and monitor all matters relating to the
safeguards provided for the Scheduled Castes under this
Constitution or under any other law for the time being in
force or under any order of the Government and to evaluate
the working of such safeguards;

D (bl to inquire into specific complaints with respect to the
deprivation of rights and ~afeguards of the Scheduled Castes;
(c) to participate and advise on the planning process of socio-
economic development of the Scheduled Castes and to
evaluate the progress of their development under the Union
and any State;
E
(d) to present lo-the President, annually and at such other
times as the Commission may deem fit, reports upon the
working of those safeguards;
(e) to make in such reports recommendations as to the measures .
F that should be taken by the Union or any State for the effective
implementation of those safeguards and other measures for
the protection, welfare and. socio-economic development of
the Scheduled Castes; and
{j) to discharge such other functions in relation to the
G protection, welfare and development and advancement of the
Scheduled Castes as the President may, subject to the
provisions of any law made by Parliamen.t, by rule specify.
(6) The President shall cause all such reports to be laid before
each House of Parliament along with a memorandum
H explaining the action taken or proposed to be taken on the
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. 131
v. UNION OF INDIA & ORS. [L. NAGESWARA RAO, J.]

recommendations relating to the Union and the reasons for A
the non-acceptance, if any, of any of such recommendations.
Article 338A. National Commission for Scheduled Tribes.
(1) There shall be a Commission for the Scheduled Tribes to
be known as the National Commission for the Scheduled
Tribes. B
* * *
{5) It shall be the duty of the Commission-
(a) to investigate and monitor all matters relating to the
safeguards provided for the Scheduled Tribes under t!iis c
Constitution or under any other' law for the time being
in force or under any order of the Government and to
evaluate the working of such safeguards;
(b)to inquire into specific complaints with respect lo the
deprivation of rights and safeguards of the Scheduled D
Tribes;
(c) to participate and advise on the planning process of
socio-economic development of the Scheduled Tribes
and to evaluate the progress of their development under
the Union and any State; -
E
(d)to present to the President, annually and at such other
times as the Commission may deem fit, reports upon the
working of those safeguards;
(e) to make in such reports recommendations as to the
measures that should be taken by the Union or any State F
-for the effective implementation of those safeguards and
other measures for the protection, welfare and socio-
economic development of the Scheduled Tribes; and
(j) to discharge such other functions in relatiori to the
protection, welfare and deve!Opment and_ advancement G
of the Scheduled Tribes as the President may, subject to
the provisions of any law made by Parliament, by rule
specify.
* * *
(8) The Commission shall, while investigating any matter H
132 SUPREME COURT REPORTS [2016] 9 S.C.R.

A referred to in sub-clause (a) or inquiring into any complaint
referred to in sub-clause (b) of clause (5), have all the powers
of a civil court trying a suit and in particular in respect of the
following matters, namely:-
(a)summoning and enforcing_ the attendance of any person
_B from any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d)requisitioning any public record or copy thereof from
c any court or office;
(e) issuing commissions for the examination of witnesses
and documents;
(/)any other matter which the President may, by rule,
determine."
D
4. A brief historical background of the National Commission for
Scheduled Castes and Scheduled Tribes as stated in the Annual Report
submitted to the Parliament by National Commission for Scheduled
Castes in the year 2014-1 S is as follows:
"For effective implementation of various safeguards provided
E in the Constitution for the welfare of Scheduled Castes., and
Scheduled Tribes (SCs and STs) and in various other
protective legislations, the Constitution provided for
appointment of a Special Officer under Article 338 of the
Constitution. The Special Officer who was designated as
F Commissioner for Scheduled Castes and Scheduled Tribes was
assigned the duty to investigaie all matters relating to the
safeguards for SCs and STs, provided in va!ious statutes, and
to report to the President of India on -the working of these
safeguards. In order to facilitate effective functioning of the
office of the Commissioner for Scheduled Castes and
G Scheduled Tribes, 17 regional offices of the Commissioner
were also set up in different parts of the country. On persistent
demand of the Members of Parliament that the Office of the
Commissioner for Scheduled Castes and Scheduled Tribes
alone was not enough to monitor the implementation of
H Constitutional safeguards, a proposal was mooted for
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. 133
v. UNION OF INDIA & ORS. [L. NAGESWARA RAO, J.]

amendment of Article 338 of the Constitution (Forty-sixth A
Amendmen!} for replacing the arrangement of one Member
system with a Multi Member system. The Government thereafter
through a rewlution in 1987 decided to set up a Multi-Member
Commissic11, which was named as National Commission for
Scheduled Castes and Scheduled Tribes. Consequent upon
B
the Constir;fion (Eighty-Ninth Amendment) Act, 2003 coming
into force an 19.02.2004, the erstwhile National Commission
for Scheduled Castes and Scheduled Tribes has been replaced
by (1) National Commission for Scheduled Castes and (2)
National Commission for Scheduled Tribes. The Rules of the
National Commission for Scheduled Castes was notified on c
20 February, 2004 by the Ministry of Social Justice &
Empowerment. " 1 .

The duties of th•i National Commission are provided in the Rules of
Procedure of the National Commission for Scheduled Castes. Chapter
III of the said :~tiles deals with investigation and inquiry by the D
Commission. Tile relevant provisions are as follows:
"7.0 Investlgation and Inquiry by the Commission
7.1 The Commission shall function by holding 'sittings' and
'meetings' at any place within the country and also· through
its officers at the Headquarters and in the State Offices. The E
Members of the Commission including the Chairperson and
the Vice-Chairperson shall function in accordance with the
procedure prescribed under these tu/es. ·
* * *
7.2. (a) Investigation and Inquiry by the Commission directly. F
7.2.(a) i The Commission may hold sittings for investigation
into matters relating to safeguards, protection, welfare and
developmeut of the Scheduled Castes for inquiry into specific
complaints for which the Commission decided to take up
investigation 'or inquiry directly. Such sittings may be held·· G
either at the Headquarters of the Commissi01r·or at any other
place within the country.
* * *
7.5 fnquiry into cases of atrocities
1
Annual Report 2014-15 National Commission for Scheduled Castes H
134 SUPREME COURT REPORTS (2016] 9 S.C.R.

A 7. 5.1 Whenever information is received in the Commission
about any incident of atrocity against a person belonging to
Scheduled Castes, the Commission would immediately get in
touch with the law enforcing and administrative machinery
of the State and the distri~t to ascertain the details of incident
and the action taken by the district administration. If after
B
detailed inquiry/investigation; the Commission finds substance
in the allegation/complaint regarding atrocit)' the Commission
may recommend to file an FIR against the accused with the
concerned law-enforcing agency of the State/District. In such
cases, the State Government/District Administration/Police
c Personnel may be called with three days through the
summons. "
Chapter VIII of the Rules provides for the monitoring functions of the
Commission which are as under:
"15.0 Monitoring Functions of the Commission
D
15.I Tile Commission to determine
sub_fects for monitoring
The Commission may determine from time to time the subjects
or matters and areas that it would monitor relating to
E safeguards and other socio-economic development measures
provided for the Scheduled Castes under the Constitution or
under any other law for the time being in force or under any
order of the Govt.
* * *
F 16.0 Follow-up action
16.1 In order to ensure that monitoring is done effectively,
the Commission, after getting the information as prescribed
, in the above rules and after reaching conclusions, may as
early as possible send out communications to the concerned
G authority describing the shortcomings that have been noticed
in the implementation of the safeguards and suggesting_,
corrective steps. Decisions on sending out such a
communication may be taken at a level not lower than that of
Joint Secretary/Secretary at Headquarters. Directors-in-
Charge of State Offices may take decisions OIJ routine matter
H ''

\
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. 135
v. UNION OF INDIA & ORS. [L. NAGESWARA RAO, J.]

whereas they will seek approval of the Secretary and the A
concerned Member on complex and important matters
affecting the interest of Scheduled Castes as a group.
16.2 The Commission may ask/or the comments of the
concerned authority on the action taken in pursua_nce of the
communications sent under the Rule 76. B
16.3 The Commission may include in its Annual Report or
any Special Report, findings and conclusions arrived at
through the process of monitoring of the subjects relating to
the safeguards and socio-economic development measures
provided for the Scheduled Castes under the Constitution or c
under any other law for the time being in force or under any
\order of the Union/State Government. " . .
5. Article 39A of the Constitution provides for free legal aid to
ensure that-opportunities for securingjustice are not denied to any citizen
by reason of economic or other disabilities. The Legal Services Authorities D
'Act, 1987 {hereinafter referred to as "the LSA Act'') was enacted to
constitute special authorities for providing free and competent legal.
services to weaker sections of the society. Section 4 (m) of the LSAAct ·
provides for special efforts to be made for enlisting the support ofvoluntary
social welfare institutions, particularly among Scheduled Castes and
Scheduled Tribes. Section 12 of the LSAAct provides for free legal aid E
to the Scheduled Castes and Scheduled Tribes.
6. One of the purposes of the United Nations is to promote and '
... encourage respect for and observation of human rights and fundamental
' all, without distinction as to race, sex, language or religion.
freedoms for
Article I of the International Convention on the Elimination ofAll Forms F
of Racial Discrimination;1966 (ICERD) is as under:
"Article 1
1. Jn this Convention, the term "racial discrimination" shall
mean any distinction, exclusion, restriction or preference
G
based on race, colour, descent, or national or ethnic origin
which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise, on an equal footing, of
·human rights and fundamental freedoms in the political,
economic, social, cultural or any other field of public life.
H
136 SUPREME COURT REPORTS [2016] 9 S.C.R.

A 2. This Convention shall not apply to distinctions, exclusions,
restrictions or preferences made by a State Party to this
Convention between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting
in any way the legal provisions of States Parties concerning
B nationality, citizenship or naturalization, provided that such
provision-s do not discriminate against any particular
nationality.
4. Special measures· taken for the sole purpose of securing
adequate advancement of certain racial or ethnic groups or
c individuals requiring such protection as may be necessary in
order to ensure such groups or individuals equal enjoyment
or exercise of human rights and fundamental freedoms shall
not be deemed racial discrimination, provided, however, that
such measures do not, as a consequence, lead to the
maintenance of separate rights for different racial groups
D and that they shall not be continued after the objectives for
which they were taken have been achieved "1
Certain recommendations on Article l of the ICERD were adopted on
l" November 2002 which provide as under:

E "Confirming the consistent view of the Committee that the term
"descent" in article 1, paragraph J, the Convention does not
solely refer to "race" and has a meaning and application
which complement the other prohibited grounds of
discrimination,
Strongly reaffirming that discrimination based on "descent"
F
includes discrimination against members ofcommunities based
on forms of social stratification such as caste and analogous
systems of inherited status which nullify or impair their equal
enjoyment of human rights, "J
These recommendations also strongly condemn descent based
G
discrimination such as discrimination based on caste. It is significant that
2 International Convention on the Elimination of All Forms of Racial Discrimination,
Adopted and opened for signature and ratification by General Assembly resolution
210,6 (XX) of21 December 1965, entry into force 4 January 1969, in accordance
with Article 19
3
CERD General recommendation XXIX on article I, paragraph I, of the Convention
H
-
(Descent), A/57/18 (2002) 111
.
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. 137
v. UNION OF INDIA & ORS. [L. NAGESWARA RAO, J.]

there was also a recommendation that the legislations and other measures A
already in force should be strictly implemented.
7. To give effect to Article 17 in its true letter and spirit, the
ParIiament enacted the Untouchability (Offences) Act, 195 5. Sections 3
to 7 of the said Act prescribed punishments for enforcing religious, social
and any other kind of disabilities on the ground ofuntouchability. There B
were several complaints from various quarters of the society about the
lacunas and loopholes in the said Act. Several amendments were made
to the said Act which was rechristened as the 'Proteetion of Civil Rights
Act, 1955 '.In spite of a major overhaul, it was noticed that the Protection
of Civil Rights Act, 1955 and the Indian Penal Code, 1860 were
inadequate to check the atrocities cominitted on Scheduled Castes and c
Scheduled Tribes. The fact that the Scheduled Castes and Scheduled
Tribes remained a vulnerable group in spite of the introduction of several
measures to improve their socio-economic condition was a matter of
deep concern to the Parliament. The Parliament acknowledged that the
Scheduled Castes and Scheduled Tribes were subject to various offences, D
indignities, humiliations and harassments perpetually. Numerous incidents
of brutalities and atrocities depriving the Scheduled Castes and Scheduled
Tribes of their life and property were a cause of concern for the
Parliament. Considering the fact that there was an increase in the
disturbing trend of commission of atrocities against the Scheduled Castes
arid Scheduled Tribes; the Parliament enacted the Scheduled Castes E
and Scheduled Tribes (Prevention ofAtrocities)Act, 1989. The Preamble
to the Act reads as under:
"An Act to prevent the commission of offences of atrocities
against the members of the Scheduled Castes and the
Scheduled Tribes, to provide for special courts for the trial F
of such offences and/or the relief and rehabilitation of the
victims of such offences and for matters connected therewith
or incidental thereto. ,;
8. The Act enlarges the scope of criminal liability by including
several acts or qmissions of atrocities which were not covered by the G
Indian Penal Code or the Protection of Civil Rights Act, 1955. The Act
also provides protection to the Scheduled Castes and Scheduled Tribes
for various atn?cities affecting social disabilities, properties, malicious
prosecution, political rights and economic exploitation. The Act also
provides for enhanced punishment for commission of offences against H
138 SUPREME COURT REPORTS [2016] 9 S.C.R.

A the Scheduled Castes and Scheduled Tribes. The minimum punishment
for neglect of duties committed by a public servant was also increased.
Provisions were made for granting minimum relief and compensation to
victims of atrocities and their legal heirs. The other salient features of
the Act include externment of potential offenders from Scheduled Areas
B and Tribal Areas as well as attachment of the properties of the accused.
The Act prohibits the grant of Anticipatory Bail to the accused and the
Probation 9f Offenders Act, 1958 was also made inapplicable to the
Act. Certain' preventive measures provided in the Act include cancellation
of arms licenses of potential offenders and even grant of arms licenses
to Scheduled Castes and Scheduled Tribes as a means of self defence.
c 9. We have examined the NHRC Report on Atrocities against
Scheduled Castes', the report of Justice K Punnaiah Commission5, Sixth
report of the National Commission for Scheduled Gastes6 and a paper
titled "The Status of Implementation and need for amendments in the
Prevention of Atrocities Act, India" published by Petitioner No. I. It is
D contended by the Petitioners that the implementation of the Act has
been totally ineffective and that Dal its are still suffering from atrocities
in view of the non compliance of various provisions of the Act. The
NHRC in its Report observed that "even in respect of heinous crimes
the police machinery in many states has been deliberately avoiding
the Scheduled Castes and Scheduled Tribes (Prevention ofAtrocities)
E Act, 1989". The Report further highlighted the non registration of cases
and various other machinations resorted to by the police to discourage
Dalits from registering cases under the Act. The Petitioners also
highlighted the persisting problem of non-registration of cases under
appropriate provisions oftheAct, delays in filing of charge-sheet, accused
F not being arrested, release of high risk offenders on bail and filing of
false and counter cases against Dalit victims. The Petitioners also
complained of non-payment of compensation to the victims or their legal
heirs. The Petitioner also relied upon the findings of the sixth Report of
the National Commission to show that the Scheduled Castes and
Scheduled Tribes. have no access to legal aid. Various committees
G
'NHRC. Atrocities against Scheduled Castes, November 25, 2002
'The Government of Andhra Pradesh had appointed Dr. Justice K. Punnaiah, Retired
Judge of Andhra Pradesh High Court as Single member Commission of enquiry to
inquire into the practice of Untouchability and atrocities against Scheduled Castes
and Scheduled Tries and to suggest measures for eradication of Untouchability and
prevention of atrocities. ·•.
H •National SC/ST Commission Report 2000-0 I
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. 139
v. UNION OF INDIA & ORS. [L. NAGESWARA RAO, J.]

contemplated by the Act at various levels are dysfunctional. A
10. The Petitioners submitted that Rules 3, 8, 9, I 0, I 5(1), 16 and
I 7 of the Scheduled Castes and Schedules Tribes (prevention of
Atrocities) Rules, 1995 (hereinafter referred to as "the Rules") have to
be strictly complied with by the concerned authorities. Rule 3 provides
for identification ofatrocity prone areas and for preventive measures to B
be taken. Rule 8 refers to setting up Special Cells to conduct survey of
the identified areas, informing Nodal Officers and Special Officers on
the law and order situation of identified areas, making enquiries about
the investigation and spot inspections, wilful negligence of various
authorities and reviewing the position of cases registered.· Rules 9 and
10 deal with the appointment of Nodal Officers and Special Officers. A c
contingency plan for implementation of provisions of the Act is dealt
with in Rule I 5( 1). Vigilance and Monitoring Committees to review the
implementation of the provisions of the Act at the State and District
level have to be set-up under Rule I 6 and I 7. According to Section 14 of
the Act, designated special courts and exclusive special courts have to D
be established for speedy trial of offences under the Act.
I I. The Act was made in I989 because the Parliament found that
the provisions of the Protection of Civil Rights Act, I955 were inadequate
and did not curb the evil practice ofatrocities against Dal its. The grievance
of the Petitioners has been that though the Act is comprehensive enough E
to deal with the social evil, its implementation bas been painfully
ineffective. The ever increasing number of cases is also an indication to
show that there is a total failure on the part of the authorities in complying
with the provisions of the Act and the Rules. Placing reliance on the
NHRC Report and other reports, the Petitioners sought a mandamus
from this Court for effective implementation of the Act and the Rules. F

I 2. We have carefully examined the material on record and we
are of the opinion that there has been a failure on the part of the concerned
authorities in complying with the provisions of the Act and Rules. The
laudable object with which the Act had been made is defeated by the
indifferent attitude of the authorities. It is true that the State Governments G
are responsible for carrying out the provisions of the Act as contended
by the counsel for the Union of India. At the same time, the Central
Government has an important role to play in ensuring the compliance of
the provisions of the Act. Section 21 (4) of the Act provides for a report
_<• on the measures taken by the Central Government and State
H
140 SUPREME COURT REPORTS [2016] 9 S.C.R. ~

A Governments for the effective implementation of the Act to be placed·
before the Parliament every year. The constitutional g9al of equality for
all the citizens of this country can be achieved only when the rights of
the Scheduled Castes and Scheduled Tribes are protected. The abundant
material on record proves that the authorities concerned are guilty of not
enforcing the provisions of the Act. The travails of the members of the
B
Scheduled Castes and the Scheduled Tribes continue unabated. We are
satisfied that the Central Government and State Governments should be
directed to strictly enforce the provisions of the Act and we do so. The
National Commissions are also directed to discharge their duties to protect
the Scheduled Castes and Scheduled Tribes. The National Legal Services
C Authority is requested to formulate appropriate schemes to spread
awareness and provide free legal aid to members of the Scheduled Castes
and Scheduled Tribes. A similar situation arose before this Court in
Safai Karamchari Andolan v. Union of India, (2014) 11 SCC 224.
The Petitioners therein filed a Writ Petition seeking enforcement of the ·
D provisions of the Employment of Manual Scavengers and Construction
ofDry Latrines (Prohibition) Act, 1993. This Court held as under:
"24. In the light of various provisions of the Act referred to
above. and the Rules in addition to various directions issued
by this Court, we hereby direct all the State Governments and
the Union Territories to fully implement the same and take
E appropriate action for non-implementation as well as violation
of the provisions contained in the Act 2013. Inasmuch as the
2013 Act occupies the entire field, we are of the view that no
further monitoring is required by this Court. However, we once
again reiterate that the duty is cast on all the States and the
F Union Territories to fully implement and to take action against
the violators. Henceforth, persons aggrieved are permitted
to approach the authorities concerned at the first instance
and thereafter the High Court having jurisdiction. "
13. The Petitioners are at liberty to approach the concerned
G authorities and thereafter the High Courts for redressal of their
grievances, if any. In view of the aforesaid, the writ petition is disposed
of. No cost.
Kalpana K. Tripathy Petition disposed of.