Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 150
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 151
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Warning (512): Unable to emit headers. Headers sent in file=/home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php line=853 [CORE/src/Http/ResponseEmitter.php, line 48]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 148]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 181]
Law & Justice | Human Rights
Human Rights

Human Rights

Share this article Share this article

What's Inside

During 2020 at least 228 journalists (including two cases against media houses) were targeted. These included 12 female journalists who had faced physical violence, online harassment/ threats and cases including under the stringent Unlawful Activities Prevention Act (UAPA) of 1967. Please click here, here and here to access the report titled India Press Freedom Report 2020 (released on 30th July, 2021) by Rights and Risks Analysis Group (RRAG).

Kindly click here and here to access the main findings of the report titled India: Media’s Crackdown During COVID-19 Lockdown (released on 15th June, 2020) by Rights and Risks Analysis Group (RRAG).

 

---

Please click here to access the Parliamentary Standing Commmittee Report on The DNA Technology (Use And Application) Regulation Bill, 2019, which was presented to the Rajya Sabha on 3rd February, 2021 and laid on the Table of Lok Sabha on 3rd February, 2021. 

Some of the key concerns, which have been raised about The DNA Technology (Use And Application) Regulation Bill, 2019, are as follows:

1. Misuse of Sensitive DNA Information: can reveal extremely sensitive information about individuals [family ancestry (pedigree), skin colour, behaviour, illness, health status and susceptibility to diseases].

2. Access to such intrusive information can be misused to specifically target individuals and their families using their genetic data. 

3. Can be misused for caste/ community-based profiling. Needless to say, DNA based profiling would amount to violation of human rights and it could also compromise the privacy of the individuals. 

4. The lawful and effective use of DNA technology is subject to its harnessing by trained and reliable officials and experts, making use of equipment, tools and technology, operational protocols and sampling methods. 

5. The integrity of the process is critical: Vulnerable to manipulation, mislabelling and contamination by accident or design. 

6. International best practices suggest that there must be an independent regulator of data to supervise and maintain checks on laboratory quality and examination of the crime scene and accordingly submit reports to the government. The Regulatory Body proposed here seems to meet the requirements, subject to appropriate checks and balances. 

7. Physical and cyber security of DNA Database-Bank/ security of a huge number of DNA profiles is critical. The Bill requires provisions for appropriate firewalls and cyber defence. 

8. Most importantly, protocols establishing a trusted chain of custody of samples, reliable and clearly defined processes for analysis, and proper use of expert evidence in court are critical to ensure their evidentiary value. Any gaps in chain of custody will cast suspicion on the integrity of the sample itself. 

9. Appropriate standards for laboratory quality assurance and crime scene examination need to be developed and published.

---

The Supreme Court on 30th June, 2021 ordered the National Disaster Management Authority (NDMA) to frame guidelines for payment of ex gratia compensation to family members of persons who succumbed to Covid-19. Kindly click here to access the Supreme Court judgement dated 30th June 2021, which is related to the Writ Petition (Civil) No. 539 of 2021 and Writ Petition (Civil) No. 554 of 2021.

---

Please click here and here to access the Press release by People's Union for Civil Liberties (PUCL) dated 2nd June, 2021 in which it opposed the appointment of Justice Arun Mishra as Chairperson of NHRC.

---

Please click here and here to access the key findings of the Status of Policing in India Report (SPIR) 2020-2021, Volume-I, which is a study on policing in conflict-affected areas. Please click here to access the entire Status of Policing in India Report (SPIR) 2020-2021, Volume-I, released on 19th April, 2021.

---

Kindly click here to access the India 2020 Country Report on Human Rights Practices (released on 30th March, 2021) by Bureau of Democracy, Human Rights, and Labor, United States Department of State.

Significant human rights issues included in the report: unlawful and arbitrary killings, including extrajudicial killings perpetrated by police; torture and cases of cruel, inhuman, or degrading treatment or punishment by some police and prison officials; arbitrary arrest and detention by government authorities; harsh and life-threatening prison conditions; political prisoners or detainees in certain states; restrictions on freedom of expression and the press, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, use of criminal libel laws to prosecute social media speech, censorship, and site blocking; overly restrictive rules on nongovernmental organizations; restrictions on political participation; widespread corruption at all levels in the government; lack of investigation of and accountability for violence against women; tolerance of violations of religious freedom; crimes involving violence and discrimination targeting members of minority groups including women based on religious affiliation or social status; and forced and compulsory child labor, as well as bonded labor.

Despite government efforts to address abuses, a lack of accountability for official misconduct persisted at all levels of government, contributing to widespread impunity. Investigations and prosecutions of individual cases took place, but lax enforcement, a shortage of trained police officers, and an overburdened and underresourced court system contributed to a low number of convictions.

Separatist insurgents and terrorists in the Union Territory of Jammu and Kashmir, the Northeast, and Maoist-affected areas committed serious abuses, including killings and torture of armed forces personnel, police, government officials, and civilians, and recruitment and use of child soldiers.

The government continued taking steps to restore normalcy in Jammu and Kashmir by gradually lifting some security and communications restrictions. The government released most political activists from detention. In January the government partially restored internet access; however, high-speed 4G mobile internet remained restricted in most parts of Jammu and Kashmir. The government began a process to redraw electoral constituencies but did not announce a timeline for local assembly elections. Local district development council elections took place in December in which a coalition of Kashmiri opposition parties won the majority of seats.

---

Please click here to access the report entitled The South Asia State of Minorities Report 2020: Minorities and Shrinking Civic Space (released in December 2020) by the South Asia Collective.

---

Please click here to access the Analysis of Crime in India 2019 report by National Coalition for Strengthening SCs and STs (Prevention of Atrocities) Act (NCSPA) and National Dalit Movement for Justice (NDMJ), dated 1st October, 2020.

---

Please click here to access the key findings of the  Status of Policing in India Report 2019: Police Adequacy and Working Conditions, Common Cause and Lokniti Programme of the Centre for the Study of Developing Societies (CSDS), Tata Trusts and Lal Family Foundation.

 

Please click here to access the key findings of the  Status of Policing in India Report 2018: A Study of Performance and Perceptions, Common Cause, Lokniti Programme of the Centre for the Study of Developing Societies (CSDS), Tata Trusts and Lal Family Foundation.

---

The judgement by Supreme Court judges Adarsh Kumar Goel and Uday Umesh Lalit (dated 20 March, 2018, please click here to access) pertaining to Criminal Appeal No. 416 of 2018 (Arising out of Special Leave Petition (Crl.) No.5661 of 2017), among other things, says that:

• In view of acknowledged abuse of law of arrest in cases under The Scheduled Caste and the Scheduled Tribes (Prevention Of Atrocities) Act (1989), arrest of a public servant can only be after approval of the appointing authority and of a non-public servant after approval by the Senior Superintendent of Police (S.S.P.) which may be granted in appropriate cases if considered necessary for reasons recorded.  Such reasons must be scrutinized by the Magistrate for permitting further detention.

• To avoid false implication of an innocent, a preliminary enquiry may be conducted by the D.S.P. concerned to find out whether the allegations make out a case under The Scheduled Caste and the Scheduled Tribes (Prevention Of Atrocities) Act (1989) and that the allegations are not frivolous or motivated.

• To avoid false implication, before a First Information Report (FIR) is registered, preliminary enquiry may be made (as mentioned above) whether the case falls in the parameters of The Scheduled Caste and the Scheduled Tribes (Prevention Of Atrocities) Act (1989) and is not frivolous or motivated.

• There is no absolute bar against grant of anticipatory bail in cases under The Scheduled Caste and the Scheduled Tribes (Prevention Of Atrocities) Act (1989) if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide.

-- 

The press release by the Ministry of Social Justice & Empowerment dated 25 January, 2016 (please click here to access) says that the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 to ensure more stringent provisions for prevention of Atrocities against Scheduled Castes and the Scheduled Tribes will be enforced with effect from January 26, 2016.
 

Consequent upon passing of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015 by the Lok Sabha on August 04,2015 and Rajya Sabha on December 21, 2015, to make amendments in the Principal Act, namely, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) {PoA} Act, 1989, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, as assented by the President on December 31, 2015, was notified in the Gazette of India Extraordinary on January 01, 2016. After framing the rules for enactment, now it will be enforced by the Central Government with effect from January 26, 2016.

The key features of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (please click here to access), are:

• New offences of atrocities like tonsuring of head, moustache, or similar acts which are derogatory to the dignity of members of Scheduled Castes and Scheduled Tribes, garlanding with chappals, denying access to irrigation facilities or forest rights , dispose or carry human or animal carcasses, or to dig graves, using or permitting manual scavenging, dedicating a Scheduled Caste or a Scheduled Tribe women as devadasi, abusing in caste name, perpetrating witchcraft atrocities, imposing social or economic boycott, preventing Scheduled Castes and Scheduled Tribes candidates from filing of nomination to contest elections, hurting a Scheduled Castes/Scheduled Tribes woman by removing her garments, forcing a member of Scheduled Caste/Scheduled Tribe to leave house , village or residence, defiling objects sacred to members of Scheduled Castes and Scheduled Tribe, touching or using words, acts or gestures of a sexual nature against members of Scheduled Castes and Scheduled Tribe.

• Addition of certain IPC offences like hurt, grievous hurt, intimidation, kidnapping etc., attracting less than ten years of imprisonment, committed against members of Scheduled Caste/Scheduled Tribe, as offences punishable under the PoA Act. Presently, only those offences listed in IPC as attracting punishment of 10 years or more and committed on members of Scheduled Caste/Scheduled Tribe are accepted as offences falling under the PoA Act.

• Establishment of Exclusive Special Courts and specification of Exclusive Special Public Prosecutors also, to exclusively try the offences under the PoA Act to enable speedy and expeditious disposal of cases.

• Power of Special Courts and Exclusive Special Courts, to take direct cognizance of offence and as far as possible, completion of trial of the case within two months, from the date of filing of the charge sheet.

• Addition of chapter on the ‘Rights of Victims and Witnesses’.

• Defining clearly the term ‘wilful negligence’ of public servants at all levels, starting from the registration of complaint, and covering aspects of dereliction of duty under this Act.

• Addition of presumption to the offences –If the accused was acquainted with the victim or his family, the court will presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise.

According to vikaspedia.in, the key features of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (please click here to access), are:

• Actions to be treated as offences - The Act outlines actions (by non SCs and STs) against SCs or STs to be treated as offences. The Amendment Act amends certain existing categories and adds new categories of actions to be treated as offences. New offences added under the Act include: (a) garlanding with footwear, (b) compelling to dispose or carry human or animal carcasses, or do manual scavenging, (c) abusing SCs or STs by caste name in public, (d) attempting to promote feelings of ill-will against SCs or STs or disrespecting any deceased person held in high esteem, and (e) imposing or threatening a social or economic boycott.

• Assaulting or sexual exploiting an SC or ST woman is an offence under the Act - The Amendment Act adds that: (a) intentionally touching an SC or ST woman in a sexual manner without her consent, or (b) using words, acts or gestures of a sexual nature, or (c) dedicating an SC or ST women as a devadasi to a temple, or any similar practice will also be considered an offence. Consent is defined as a voluntary agreement through verbal or non-verbal communication.

• Preventing SCs or STs from undertaking the following activities will be considered an offence - (a) using common property resources, (c) entering any place of worship that is open to the public, and (d) entering an education or health institution.

• Addition of presumption to the offences – The court shall presume that the accused was aware of the caste or tribal identity of the victim if the accused had personal knowledge of the victim or his family, unless the contrary is proved.

• Role of public servants - The Act specifies that a non SC or ST public servant who neglects his/her duties relating to SCs or STs shall be punishable with imprisonment for a term of six months to one year. The Amendment Act specifies these duties, including: (a) registering a complaint or FIR, (b) reading out information given orally, before taking the signature of the informant and giving a copy of this information to the informant, etc.

• Addition of certain IPC offences like hurt, grievous hurt, intimidation, kidnapping etc., attracting less than ten years of imprisonment, committed against members of Scheduled Caste/Scheduled Tribe, as offences punishable under the PoA Act. Presently, only those offences listed in IPC as attracting punishment of 10 years or more and committed on members of Scheduled Caste/Scheduled Tribe are accepted as offences falling under the PoA Act.

• Establishment of Exclusive Special Courts and specification of Exclusive Special Public Prosecutors also, to exclusively try the offences under the PoA Act to enable speedy and expeditious disposal of cases.

• Rights of victims and witnesses -  The Amendment Act adds a chapter on the rights of victims and witness. It shall be the duty of the state to make arrangements for the protection of victims, their dependants and witnesses. The state government shall specify a scheme to ensure the implementation of rights of victims and witnesses.

• The courts established under the Act may take measures such as: (a) concealing the names of witnesses, (b) taking immediate action in respect of any complaint relating to harassment of a victim, informant or witness, etc. Any such complaint shall be tried separately from the main case and be concluded within two months.
 

Please click here to access the Rules related to The Scheduled Caste and the Scheduled Tribes (Prevention Of Atrocities) Amendment Act (2015). 

 

Please click here to access the The Scheduled Caste and the Scheduled Tribes (Prevention Of Atrocities) Amendment Act (2015).  

 

Please click here to access the Rules related to The Scheduled Caste and the Scheduled Tribes (Prevention Of Atrocities) Act (1989). 

 

Please click here to access The Scheduled Caste and the Scheduled Tribes (Prevention Of Atrocities) Act (1989).

 

Rural Expert

Tagged with: Human Rights



Related Articles

 

Write Comments

Your email address will not be published. Required fields are marked *

*

Video Archives

Archives

Im4Change.org हिंदी वेबसाइट का परिचय. Short Video on im4change.org...

Im4Change.org हिंदी वेबसाइट का परिचय. Short Video on im4change.org...

"Session 1: Scope of IDEA and AgriStack" in Exploring...

"Session 2: Farmer Centric Digitalisation in Agriculture" in Exploring...

"Session 3: Future of Digitalisation in Agriculture" in Exploring...

Objectives | About Us | Workshops | Disclaimer
share on Facebook
Twitter
RSS
Feedback
Read Later

Contact Form

Please enter security code
      Close