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  • Untouchability

    What is required to be done in case any practice of Untouchability is noticed?
    Ans: Person affected by the practice of untouchability may approach the Police Station covering the area of such incidence and register First Information Report(FIR) as per provision under Sections 3 to 7 of the Protection of Civil Rights Act, 1955.

    What are the provisions of the relevant act? Ans: Provisions of the Protection of Civil Rights Act, 1955 relating to Untouchability are as under:

    Section 3- Preventing on the ground of untouchability a. from entering any place of public worship, which is open to other persons professing the same religion of any section thereof, or b. from worshipping or offering prayers or performing any religious service in any place of public worship, or bathing in, or using the waters of, any sacred tank, well, spring or water - course,(river or lake or bathing at any ghat of such tank, water-course, river of lake).

    Section 4 - Enforcing on the ground of untouchability, any disability with regard to- i. access to any shop, public restaurant, hotel or place of public entertainment; or ii. the use of any untensils and other articles kept in any public restaurant, hotel, dharm shala, sarai or musafirkhana for the use of the general public or iii. the practice of any profession or the carrying on of any occupation, trade or business (or employment in any job) or iv. the use of, or access to, any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, burial or cremation ground, any sanitary convenience, any road, or (passage, or any other place of public resort which other members of the public, or, have a right to use or have access to; or v. the use of, or access to, any place used for charitable or a public purpose maintained wholly or partly out of State funds or dedicated to the use of general public or vi. the enjoyment of any benefit under a charitable trust created for the benefit of the general public ; or vii. the use of, or access to, any public conveyance; or viii. the construction, acquisition, or occupation of any residential premises in any locality, whatsoever; or ix. the use of any dharmshala, sarai or musafirkhana which is open to the general public, or x. the observance of any social or religious custom, usage or ceremony or xi. the use of jewellery and finery;

    Section 5 - Refusingr on the ground of 'untouchability'- a. admission to any person to any hospital, dispensary, educational institution or any hostel if such hospitaldispensary, educational institution or hostel is established or maintained for the benefit of the general public or any section thereof;or b. discriminates against any such person after admission to any of the aforesaid institutions;

    Section 6 - Refusing on the ground of 'untouchability' to sell any goods or refuses to render any service to any person at the same time and place and on the same terms and conditions at or which such goods are sold or services are rendered to other persons in the ordinary course of business.

    Section 7 (1) a. Acting, on the gound of untouchability leading to prevention of any person from exercising any right accruing to him by reason of the abolition of 'untouchability' under Article 17 of the Constitution;or b. molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any person in the exercise of any such right or molests, injures, annoys or boycotts any person by reason of his having exercised any such rights; or c. by words, either spoken or written, or by signs or by visible representations or otherwise, incites or encourages any person or class of persons or the public generally to practise "untouchability" in any form whatsoever; or d. insults or attempts to insult, on the ground of "untouchability" a member of a Scheduled Castes.

  • Atrocity

    What is required to be done in case any atrocities is committed on any person belonging to Scheduled Caste and the Scheduled Tribe by any person other than SC/ST?

    Ans: The affected person may file an First Information Report (FIR) in the Police Station of the area as per provision under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

    What is covered under atrocities against SC & ST?

    Ans: In case a person, not being a member of a Scheduled Caste or a Scheduled Tribe, forces a member of SC/ST

    i. to drink or eat any inedible or obnoxious substance;

    ii. to cause injury, insult or annoyance by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood;

    iii. forcibly removes clothes or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;

    iv. wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to him transferred;

    v. wrongfully dispossesses from his land or premises or interferes with the enjoyment of his rights over any land, premises or water;

    vi. compels or entices to do "begar" or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government;

    vii. forces or intimidates not to vote or to vote a particular candidate or to vote in a manner other than that provided by law;

    viii. institutes false, malicious or vexatious suit or criminal or other legal proceedings;

    ix. gives any false or frivolous information to any public servant and thereby causes such as public servant to use his lawful power to the injury or annoyance;

    x. intentionally insults or intimidates with intent to humiliate any place with in public view;

    xi. assaults or uses force to any woman with intent to dishonour or outrage her modesty;

    xii. being in a position to dominate the will of a woman and uses that position to exploit her sexually to which she would not have otherwise agreed;

    xiii. corrupts or fouls the water of any spring, reservoir or any other source ordinarily used so as to render it less fit for the purpose for which it is ordinarily used ;

    xiv. denies any customary right of passage to place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to;

    xv. forces or causes to leave his house, village or other place of residence.

    What is the maximum punishment provided for commission of such offences under the act?

    Ans: The offenders of such offences shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.

    What relief is provided to a SC/ST person affected by atrocities?

    Ans: Relief is provided as under

    a. Murder of earning member- Rs. 2 lakhs

    b. Murder of non - earning member - Rs. 1 lakhs

    c. 100% incapacitation - Rs.1 lakh

    d. Sexual exploitation of a woman - Rs.50,000/- For further details please contact Sub-Divisional Magistrate, District Magistrate, Director of Scheduled Castes and Scheduled Tribes Development of State Government and Ministry of Social Justice & Empowerment

  • Whether a person of Scheduled Caste origin who has embraced Christian religion or Islam will he be treated as Scheduled Caste?

    Ans: No

  • Can a non-Scheduled Caste or non-Scheduled Tribe person who marries a Scheduled Caste or Scheduled Tribe person will get the benefits meant for the Scheduled Caste or Scheduled Tribe?

    Ans: No. The guiding principle is that no person who was not a Scheduled Castes and Scheduled Tribes by birth will be deemed to be a member of a Scheduled Caste or Scheduled Tribe merely because he or she had married a person belonging to a Scheduled Caste or Scheduled Tribe.

  • What shall be the status of the off spring of a couple one of whom is a Scheduled Caste/Scheduled Tribe?

    Ans:To decide the status of an off-spring of a couple where one of the spouses is a member of Scheduled Caste/Scheduled Tribe, the crucial test followed is to determine whether the child has been accepted by the Scheduled Caste /Scheduled Tribe community as a member of their community and has been brought up in that surrounding and in that community or not. If the child has been accepted by the Scheduled Caste or Scheduled Tribe Community and has been brought up in the surrounding of Scheduled Caste or Scheduled Tribe spouse then, the child would be treated as Scheduled Caste or Scheduled Tribe ,as the case may be. However, each case is to be examined on its merit. However, in general, the following illustrations are made:

    Example I - Father - Scheduled Caste/Scheduled Tribe Mother- non-Scheduled Caste /non-Scheduled Tribe Child- shall be Scheduled Caste/Scheduled Tribe.

    Example II - Mother - Scheduled Caste/Scheduled Tribe Father - non-Scheduled Caste/ non-Scheduled Tribe Child - shall be non-Scheduled Caste/non-Scheduled Tribe.

    Note: each case will be decided on case to case basis as per its merit.

  • Is a member of Scheduled Caste or Scheduled Tribe listed in the list of one State eligible for benefits as Scheduled Caste or Scheduled Tribe in another State/U.T.

    Ans:The list of Scheduled Castes and Scheduled Tribes is State/UT specific. As such a member of Scheduled Caste or Scheduled Tribe is eligible for benefits in his state of origin only. A member of Scheduled Caste or Scheduled Tribe Community, who migrates to other State/UT is not entitled to get Scheduled Caste/Scheduled Tribe benefits, from the state of migration.

    Example:- A Scheduled Caste person who migrates from State of Punjab to Rajasthan will not get the benefits extended to the Scheduled Castes of Rajasthan but he will continue to get benefits of the State of his origin, i.e., Punjab. But he will be eligible for benefits available under Central Government and its agencies in the State of Rajasthan also.