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Some Important addresses

UNITED NATIONS

1211 GENEVA 10, SWITZERLAND

(FAX:(41-22) 917-02-12) 

Procedure/Mandate	Examining Body or Expert(s)	Address
"1503"	Sub-Commission on Prevention of Discrimination and Protection of Minorities	Sub-Commission on Prevention of Discrimination and Protection of Minorities c/o Support Services Branch, Office of the High Commissioner for Human Rights, United Nations Office at Geneva, 8-14 avenue de la Paix, 1211 Geneva 10, Switzerland
Optional Protocol to the International Covenant on Civil and Political Rights	Human Rights Committee	Human Rights Committee c/o Office of the High Commissioner for Human Rights, United Nations Office at Geneva, 8-14 avenue de la Paix, 1211 Geneva 10, Switzerland
Article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment	Committee against Torture	Committee against Torture c/o Office of the High Commissioner for Human Rights, United Nations Office at Geneva, 8-14 avenue de la Paix, 1211 Geneva 10, Switzerland
Article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination	Committee on the Elimination of Racial Discrimination	Committee on the Elimination of Racial Discrimination c/o Office of the High Commissioner for Human Rights, United Nations Office at Geneva, 8-14 avenue de la Paix, 1211 Geneva 10, Switzerland
Extrajudicial, summary or arbitrary execution	Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions	Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions c/o Office of the High Commissioner for Human Rights, United Nations Office at Geneva, 8-14 avenue de la Paix, 1211 Geneva 10, Switzerland
Violence against women	Special Rapporteur on violence against women, its causes and consequences	Special Rapporteur on Violence against Women c/o Office of the High Commissioner for Human Rights, United Nations Office at Geneva, 8-14 avenue de la Paix, 1211 Geneva 10, Switzerland FAX: (41-22) 917-0092
Arbitrary Detention	Working Group on Arbitrary Detention	Working Group on Arbitrary Detention c/o Office of the High Commissioner for Human Rights, United Nations Office at Geneva, 8-14 avenue de la Paix, 1211 Geneva 10, Switzerland FAX: (41-22) 917-0123

The Scheduled Castes and Scheduled Tribes:(Prevention of Atrocities) Rules, 1995

APPENDIX C: The Scheduled Castes and Scheduled Tribes:(Prevention of Atrocities) Rules, 1995
G.S.R. 316 (E), dated 31st March, 1995.- In exercise of the powers conferred by sub-Section (1) of Sec. 23 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. 1989 (33 of 1989), the Central Government hereby makes the following rules, namely:

1. Short title and commencement.-

(1) These rules may be called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. (2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.-

In these rules. unless the context otherwise requires,-
(a) "Act" means the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989). (b) "dependent", with its grammatical variations and cognate expressions, includes wife, children, whether married or unmarried, dependent parents, widowed sister, widow and children of pre-deceased son of a victim of atrocity; (c) "identified area" means such area where State Government has reason to believe that atrocity may take place or there is an apprehension of re-occurrence of an offence under the Act or an area prone to victim of atrocity; (d) "Non-Government Organization" means a voluntary organization engaged in the welfare activities relating to the scheduled castes and the scheduled tribes and registered under the Societies Registration Act.- 1860 (21 of 1860) or under any law for the registration of documents of such Organization for the time being in force; (e) "Schedule" means the Schedule annexed to these rules; (f) "Section" means Section of the Act; (g) "State Government", in relation to a Union territory, means the Administrator of that Union territory appointed by the President under Art. 239 of the Constitution; (h) words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Precautionary and preventive measures.-

With a view to prevent atrocities on the Scheduled Castes and the Scheduled Tribes the State Government shall,-

(i) identify the area where it has reason to believe that atrocity may take place or there is an apprehension of reoccurrence of an offence under the Act ;

(ii) order the District Magistrate and Superintendent of Police or any other officer to visit the identified area and review the law and order situation;

(iii) if deem necessary, in the identified area cancel the arm licenses of the persons, not being member of the Scheduled Castes or Scheduled Tribes, their near relations, servants or employees and family friends and get such arms deposited in the Government Armory; (iv) seize all illegal fire-arms and prohibit any illegal manufacture of fire-arms; (v) with a view to ensure the safety of person and property, if deem necessary, provide arms licenses to the members of the Scheduled Castes and the Scheduled Tribes; (vi) constitute a high power State-level committee, district and divisional level committees or such number of other committees as deem proper and necessary for assisting the Government in implementation of the provisions of the Act. (vii) set up a vigilance and monitoring committee to suggest effective measures to implement the provisions of the Act; (viii) set up Awareness Centers and organize Workshops in the identified area or at some other place to educate the persons belonging to the Scheduled Castes and the Scheduled Tribes about their rights and the protection available to them under the provisions of various Central and State enactments or rules, regulations and schemes framed thereunder; (ix) encourage Non-Government Organizations for establishing and maintaining Awareness Centers and organizing Workshops and provide them necessary financial and other sort of assistance; (x) deploy special police force in the identified area; (xi) by the end of every quarter, review the law and order situation, functioning of different committees, performance of Special Public Prosecutors, Investigating Officers and other Officers responsible for implementing the provisions of the Act and the cases registered under the Act.

4. Supervision of prosecution and submission of report.-

(1) The State Government on the recommendation of the District Magistrate shall prepare for each District a panel of such number of eminent senior advocates who has been in practice for not less than seven years, as it may deem necessary for conducting cases in the Special Courts. Similarly, in consultation with the Director-Prosecution in charge of the prosecution, a panel of such number of Public Prosecutors as it may deem necessary for conducting cases in the Special Courts, shall also be specified. Both these panels shall be notified in the Official Gazette of the State and shall remain in force for a period of three years. (2) The District Magistrate and the Director of prosecution in charge of the prosecution shall review at least twice in a calendar year, in the month of January and July, the performance of Special Public Prosecutors so specified or appointed and submit a report to the State Government. (3) If the State Government is satisfied or has reason to believe that a Special Public Prosecutor so appointed or specified has not conducted the case to the best of his ability and with due care and caution, his name may be, for reasons to be recorded in writing, denotified. (4) The District Magistrate and the Officer-in-charge of the prosecution at the District level, shall review the position of cases registered under the Act and submit a monthly report on or before 20th day of each subsequent month to the Director of Prosecution and the State Government. This report shall specify the actions taken/proposed to be taken in respect of investigation and prosecution of each case. (5) Notwithstanding anything contained in sub-rule (1) the District Magistrate or the Sub-Divisional Magistrate may, if deem necessary or if so desired by the victim of atrocity engage an eminent Senior Advocate for conducting cases in the Special Courts on such payment of fees as he may consider appropriate. (6) Payment of fee to the Special Public Prosecutor shall be fixed by the State Government on a scale higher than the other panel advocates in the State.

5. Information to Police Officer in-charge of a Police Station.-

(1) Every information relating to the commission of an offence under the Act, if given orally to an officer in-charge of a police station shall be reduced to writing by him or under his direction. and be read over to the informant, and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the persons giving it, and the substance thereof shall be entered in a book to be maintained by that police station. (2) A copy of the information as so recorded under sub-rule (1) above shall be given forthwith, free of cost, to the informant. (3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred in sub-rule (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who after investigation either by himself or by a police officer not below the rank of Deputy Superintendent of Police, shall make an order in writing to the officer in-charge of the concerned police station to enter the substance of that information to be entered in the book to be maintained by the police station.

6. Spot inspection by officers.-

(1) Whenever the District Magistrate or the Sub-Divisional Magistrate or any other executive Magistrate or any police officer not below the rank of Deputy Superintendent of Police receives an information from any person or upon his own knowledge that an atrocity has been committed on the members of the Scheduled Castes or the Scheduled Tribes within his jurisdiction he shall immediately himself visit the place of occurrence to assess the extent of atrocity, loss of life, loss and damage to the property and submit a report forthwith to the State Government. (2) The District Magistrate or the sub-Divisional Magistrate or any other executive Magistrate and the Superintendent of Police, Deputy Superintendent of Police after inspecting the place or area on the spot,-
(i) draw a list of victims, their family members and dependents entitled for relief; (ii) prepare a detailed report of the extent of atrocity, loss and damage to the property of the victims; (iii) order for intensive police patrolling in the area; (iv) take effective and necessary steps to provide protection to the witnesses and other sympathizers of the victims; (v) provide immediate relief to the victims.

7. Investigating Officer.-

(1) An offence committed under the Act shall be investigated by a police officer not below the rank of a Deputy Superintendent of Police. The investigating officer shall be appointed by the State Government, Director-General of Police, Superintendent of Police after taking into account his past experience, sense of ability and justice to perceive the implications of the case and investigate it along with right lines within the shortest possible time. (2) The investigating officer so appointed under sub-rule (1) shall complete the investigation on top priority within thirty days and submit the report to the Superintendent of Police who in turn will immediately forward the report to the Director-General of Police of the State Government. (3) The Home Secretary and the Social Welfare Secretary to the State Government, Director of Prosecution the officer-in-charge of Prosecution and the Director-General of Police shall review by the end of every quarter the position of all investigations done by the investigating officer.

8. Setting up of the Scheduled Castes and the Scheduled Tribes Protection Cell.-

The State Government shall set up a Scheduled Castes and the Scheduled Tribes Protection Cell at the State headquarter under the charge of Director of Police, Inspector-General of Police. This Cell shall be responsible for,-
(i) conducting survey of the identified area; (ii) maintaining public order and tranquillity in the identified area; (iii) recommending to the State Government for deployment of special police force or establishment of special police post in the identified area; (iv) making investigations about the probable causes leading to an offence under the Act;

(v) restoring the feeling of security amongst the members of the Scheduled Castes and the Scheduled Tribes;
(vi) informing the nodal officer and special officer about the law and order situation in the identified area;
(vii) making enquiries about the investigation and spot inspections conducted by various officers;
(viii) making enquiries about the action taken by the Superintendent of Police in the cases where an officer in-charge of the police station has refused to enter an information in a book to be maintained by that police station under sub-rule (3) of rule 5;
(ix) making enquiries about the wilful negligence by a public servant;
(x) reviewing the position of cases registered under the Act, and
(xi) submitting a monthly report on or before 20th day of each subsequent month to the State Government, nodal officer about the action taken proposed to be taken, in respect of the above.
9. Nomination of Nodal Officer.-

The State Government shall nominate a nodal officer of the level of a Secretary to the Government preferably belonging to the Scheduled Castes or the Scheduled Tribes, for coordinating the functioning of the District Magistrates and Superintendent of Police or other officers authorized by them investigating officers and other officers responsible for implementing the provisions of the Act. By the end of the every quarter, the nodal officer shall review,-
(i) the reports received by the State Government under sub-rules (2) and (4) of rule 4, rule 6, Cl. (xi) of rule 8. (ii) the position of cases registered under the Act; (iii) law and order situation in the identified area; (iv) various kinds of measures adopted for providing immediate relief in cash or kind or both to the victims of atrocity or his or her dependent; (v) adequacy of immediate facilities like rationing, clothing, shelter, legal aid, travelling allowance, daily allowance and transport facilities provided to the victims of atrocity of his/her dependents; (vi) performance of non-Governmental organizations, the Scheduled Castes and the Scheduled Tribes Protection Cell, various committees and the public servants responsible for implementing the provisions of the Act.

10. Appointment of a Special Officer.-

In the identified area a Special Officer not below the rank of an Additional District Magistrate shall be appointed to co-ordinate with the District Magistrate, Superintendent of Police or other officers responsible for implementing the provisions of the Act, various committees and the Scheduled Castes and the Scheduled Tribes Protection Cell. The Special Officer shall be responsible for:
(i) providing immediate relief and other facilities to the victims of atrocity and initiate necessary measures to prevent or avoid re-occurrence of atrocity;

(ii) setting up an awareness center and organizing workshop in the identified area or at the District headquarters to educate the persons belonging to the Scheduled Castes and the Scheduled Tribes about their rights and the protection available to them under the provisions of various Central and State enactments or rules and schemes, etc. framed therein;

(iii) coordinating with the non-governmental organizations and providing necessary facilities and financial and other type of assistance to non-governmental organizations for maintaining centers or organizing workshops.

11. Travelling allowances, daily allowance, maintenance expenses and transport facilities to the victim atrocity, his or her dependent and witnesses.–

(1) Every victim of atrocity or his/her dependent and witnesses shall be paid to and for rail fare by second class in express / mail/ passenger train or actual bus of taxi fare from his / her place of residence or actual bus or taxi fare from his /her place of residence or place of stay to the place of investigation or hearing of trial of an offence under the Act. (2) The District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make necessary arrangements for providing transport facilities or reimbursement of full payment thereof to the victims of atrocity and witnesses for visiting the investigating officer, Superintendent of Police/Deputy Superintendent of Police, District Magistrate or any other Executive Magistrate. (3) Every woman witness, the victim of atrocity or her dependent being a woman or a minor, a person more than sixty years of age and a person having 40 per cent or more disability shall be entitled to be accompanied by an attendant of her/ his choice. The attendant shall also be paid travelling and maintenance expenses as applicable to the witness or the victim of atrocity when called upon during hearing, investigation and trial of an offence under the Act. (4) The witness, the victim of atrocity or his/her dependent and the attendant shall be paid daily maintenance expenses for the days he/she is away from the place of his/her residence or stay during investigation, hearing and trial of an offence, at such rates but not less than the minimum wages, as may be fixed by the State Government for the agricultural laborers. (5) In additional to daily maintenance expenses the witness' the victim of atrocity (or his/her dependent) and the attendant shall also be paid diet expenses at such rates as may be fixed by the State Government from time to time. (6) The payment of travelling allowance, daily allowance, maintenance expenses and reimbursement of transport facilities shall be made im mediately or not later than three days by the District Magistrate or theSub-Divisional Magistrate or any other Executive Magistrate to the victims, their dependents/attendant and witnesses for the days they visit the investigating officer or in-charge police station or hospital authorities or Superintendent of Police, Deputy Superintendent of Police or District Magistrate or any other officer concerned or the Special Court. (7) When an offence has been committed under Sec. 3 of the Act, the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall reimburse the payment of medicines, special medical consultation, blood transfusion, replacement of essential clothing, meals and fruits provided to the victim(s) of atrocity.

12. Measures to be taken by the District Administration.-

(1)The District Magistrate and the Superintendent of Police shall visit the place or area where the atrocity has been committed to assess the loss of life and damage to the property and draw a list of victim, their family members and dependents entitled for relief.
(2) Superintendent of Police shall ensure that the First Information Report is registered in the book of the concerned police station and effective measures for apprehending the accused are taken. (3) The Superintendent of Police, after spot inspection, shall immediately appoint an investigation officer and deploy such police force in the area and take such other preventive measures as he may deem proper and necessary.

(4) The District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make arrangements for providing immediate relief in cash or in kind or both to the victims of atrocity, their family members and dependents according to the scale as in the schedule annexed to these Rules (Annexure-I read with Annexure-II). Such immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items necessary for human beings.
(5) The relief provided to the victim of the atrocity or his /her dependent under sub-rule (4) in respect of death, or injury to, or damage to propertyshall be in addition to any other right to claim compensation in respect thereof under any other law for the time being in force.
(6) The relief and rehabilitation facilities mentioned in sub-rule (4) above shall be provided by the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate in accordance with the scales provided in the Schedule annexed to these rules.
(7) A report of the relief and rehabilitation facilities provided to the victims shall also be forwarded to the Special Court by the District Magis trate or the Sub-Divisional Magistrate or the Executive Magistrate or Superintendent of Police. In case the Special Court is satisfied that the payment of relief was not made to the victim or his/her dependent in time or the amount of relief or compensation was not sufficient or only a part of payment of relief or compensation was made, it may order for making in full or part the payment of relief or any other kind of assistance.
13. Selection of Officers and other State Members for completing the work relating to atrocity.-

(1) The State Government shall ensure that the administrative officers and other staff members to be appointed in an area prone to atrocity shall have the right aptitude and understanding of the problems of the Scheduled Castes and posts and police station. (2) It shall also be ensured by the State Government that persons from the Scheduled Castes and the Scheduled Tribes are adequately represented in the administration and in the police force at all levels, particularly at the level or police posts and police station.

14. Specific responsibility of the State Government.-

The State Government shall make necessary provisions in its annual budget for providing relief and rehabilitation facilities to the victims of atrocity. It shall review at least twice in a calendar year, in the month of January and July the performance of the Special Public Prosecutor specified or appointed under Sec. 15 of the Act, various reports received, investigation made and preventive steps taken by the District Magistrate,Sub-Divisional Magistrate and Superintendent of Police, relief and rehabilitation facilities provided to the victims and the reports in respect of lapses on behalf of the concerned officers.

15. Contingency Plan by the State Government.-

(1) The State Government shall prepare a model contingency plan for implementing the provisions of the Act and notify the same in the Official Gazette of the State Government. It should specify the role and responsibility of various departments and their officers at different levels, the role and responsibility of Rural/ Urban Local Bodies and Non-Government Organizations. Inter alia this plan shall contain a package of relief measures including the following:
(a) scheme to provide immediate relief in cash or in kind or both; (b) allotment of agricultural land and house-sites; (c) the rehabilitation packages; (d) scheme for employment in Government or Government undertaking to the dependent or one of the family members of the victim; (e) pension scheme for widows, dependent children of the deceased, handicapped or old age victims of atrocity; (f) mandatory compensation for the victims; (g) scheme for strengthening the socioeconomic condition of the victim; (h) provisions for providing brick/stone masonry house to the victims; (i) such other elements as health care, supply of essential commodities, electrification, adequate drinking water facility,burial/cremation ground and link roads to the Scheduled Castes and the Scheduled Tribes.

(2) The State Government shall forward a copy of the contingency plan or a summary thereof and a copy of the scheme, as soon as may be, to the Central Government in the Ministry of Welfare and to all the District Magistrates, Sub-Divisional Magistrates, Inspectors-General of Police and Superintendents of Police.
16. Constitution of State-level Vigilance and Monitoring Committee.-

(1) The State Government shall constitute high power vigilance and monitoring committee of not more than 25 members consisting of the following:
(i) Chief Minister/Administrator-Chairman (in case of a State under President's Rule Governor-Chairman). (ii) Home Minister, Finance Minister and Welfare Minister-Members (in case of a State under the President's Rule Advisors-Members); (iii) all elected Members of Parliament and State Legislative As sembly and Legislative Council from the State belonging to the Scheduled Castes and the Scheduled Tribes- Members (iv) Chief Secretary, the Home Secretary, the Director-General of Police, Director/ Deputy Director, National Commission for the Scheduled Castes and the Scheduled Tribes- Members; (v) the Secretary in-charge of the welfare and development of the Scheduled Castes and the Scheduled Tribes- Convener.

(2) The high power vigilance and monitoring committee shall meet at least twice in a calendar year, in the month of January and July to review the implementation of the provisions of the Act, relief and rehabilitation facilities provided to the victims and other matters connected therewith, prosecution of cases under the Act, rule of different officers/agenciesresponsible for implementing the provisions of the Act and various reports received by the State Government.
17. Constitution of District Level Vigilance and Monitoring Committee.-

(1) In each district within the State, the District Magistrate shall set up a vigilance and monitoring committee in his district to review the implementation of the provisions of the Act, relief and rehabilitation facilities provided to the victims and other matters connected therewith, prosecution of cases under the Act, role of different officers /agencies responsible for implementing the provisions of the Act and various reports received by the District Administration. (2) The district level vigilance and monitoring committee shall consist of the elected Members of the Parliament and State Legislative Assembly and Legislative Council, Superintendent of Police, three-group 'A' Officers, Gazetted Officers of the State Government belonging to the Scheduled Castes and the Scheduled Tribes, not more than 5 non-official members belonging to the Scheduled Castes and the Scheduled Tribes and not more than 3 members from the categories other than the Scheduled Castes and the Scheduled Tribes having association with Non-Government Organizations. The District Magistrate and District Social Welfare Officer shall be Chairman and Member-Secretary respectively. (3) The district level committee shall meet at least once in three months.

18. Material for Annual Report.-

The State Government shall every year before the 31st March, forward the report to the Central Government about the measures taken for implementing provisions of the Act and various schemes/plans framed by it during the previous calendar year.

ANNEXURE I
Schedule

[See rule 12 (4)]

Norms for Relief Amount

Name and Section Number of Offense	Minimum Amount of Relief
1. Drink or eat inedible or obnox ious substance [Sec. 3 (1)(i)] 2. Causing injury insult or annoyance [Sec. 3 (1)(ii)] 3. Derogatory Act [Sec. 3 (1)(iii)]	Rs. 25,000 or more depending upon the nature and gravity of the offense to each victim and also commensurate with the indignity, insult and defamation suffered by the victim. Payment to be made as follows: 25% when the chargesheet is sent to the court; 75% when accused are convicted by the lower court.
4. Wrongful occupation or cultiva tion of land. etc. [Sec. 3 (1)(iv)] 5. Relating to land, premises and water [Sec. 3 (1)(v)]	At least Rs. 25,000 or more depending upon the nature and gravity of the offense. The land/premises/water supply shall be restored where necessary at Government cost. Full payment to be made when chargesheet is sent to the Court.
6. Begar or forced of bonded labor [(Sec. 3 (1)(vi)]	At least Rs. 25,000 to each victim. Payment of 25% at First Information Report stage and 75% on conviction in the lower court.
7. Relating to right to franchise [Sec. 3 (1)(vii)]	Up to Rs. 20,000 to each victim depending upon the nature and gravity of offense.
8. False, malicious or vexatious legal proceedings [Sec. 3 (1)(viii)] 9. False and frivolous information [Sec. 3 (1)(ix)]	Rs. 25,000 or reimbursement of actual legal expenses and damages whichever is less after conclusion of the trial of the accused.
10. Insult, intimidation and humilia tion [Sec. 3 (1)(x)]	Up to Rs. 25,000 to each victim depending upon the nature of the offense. Payment of 25% when chargesheet is sent to the court and the rest on conviction.
11. Outraging the modesty of a woman [Sec. 3 (1)(xi)] 12. Sexual exploitation of a woman [Sec. 3 (1)(xii)]	Rs. 50,000 to each victim of the offense. 50% of the amount may be paid after medical examination and remaining 50% at the conclusion of the trial.
13. Fouling of water [Sec. 3 (1)(xiii)]	Up to Rs. 1,00,000 or full cost of restoration of normal facility, including cleaning when the water is fouled. Payment may be made at the stage as deemed fit by District Administration.
14. Denial of customary rights of passage [Sec. 3 (1)(xiv)]	Up to Rs. 1,00,000 or full cost of restoration of right of passage and full compensation of the loss suffered, if any. Payment of 50% when chargesheet is sent to the court and 50% on conviction in lower court.

15. Deserting one from their place of residence [Sec. 3 (1)(xv)]	Restoration of the site/right to stay and compensation of Rs. 25,000 to each victim and reconstruction of the house at Govt. cost, if destroyed. To be paid in full when chargesheet is sent to the lower court.
16. Giving false evidence [Sec. 3(2)(i) and (ii)]	At least Rs. 1,00,000 or full compensation of the loss or harm sustained. 50% to be paid when chargesheet is sent to Court and 50% on conviction by the lower court.
17. Committing offences under the Indian Penal Code punishable with imprisonment for a term of 10 years or more [Sec. 3(2)]	At least Rs. 50,000 depending upon the nature and gravity of the offense to each victim and or his dependents. The amount would vary if specifically provided for otherwise in the Schedule.
18. Victimization at the hands public servant [Sec. 3 (2)]	Full compensation on account of damages or loss or harm sustained. 50% to be paid when chargesheet is sent to the Court and 50% on conviction by lower court.
19. Disability. (a) 100% incapacitation. (i) Non-earning member of a family. (ii) Earning member of a family. (b) Where incapacitation is less than 100%.	-At least Rs. 1,00,000 to each victim of offense. 50% on FIR and 25% at chargesheet and 25% on conviction by the lower court. -At least Rs. 2,00,000 to each victim of offense. 50% to be paid on FIR/medical examination stage, 25% when chargesheet sent to court and 25% at conviction in lower. -The rates are laid down in (i) and (ii) above shall be reduced in the same proportion, the stages of payment also being the same. However, not less than Rs. 15,000 to a non-earning member and not less than Rs. 30,000 to an earning member of the family.
20. Murder/Death (a) Non-earning member of a family. (b) Earning member of a family.	-At least Rs. 1,00,000 to each case. Payment of 75% after postmortem and 25% on conviction by the lower court. -At least Rs. 2,00,000 to each case. Payment of 75% after postmortem and 25% on conviction by the lower court.
21. Victim of murder, death, massacre, rape, mass rape and gang rape, permanent incapacitation and dacoity.	In addition to relief amount paid under above items, relief may be arranged within three months of date of atrocity as follows: (i) Pension to each widow and/or other dependents of deceased SC/ST at Rs. 1,000 per month, or employment to one member of the family of the deceased, or provision of agricultural land, a house, if necessary by outright purchase. (ii) Full cost of the education and maintenance of the children of the victims. Children may be admitted to the Ashram Schools/residential schools. (iii) Provision of utensils, rice, wheat, dals, pulses, etc. for a period of three months.
22. Complete destruction/ burnt houses.	Brick/stone masonry house to be constructed or provided at Government cost where it has been burnt or destroyed.

Revolutionist Ambedkar's golden words...

Men are mortal. So are ideas. An idea needs propagation as much as a plant needs watering. Otherwise both will wither and die.

 

 The conception of secular state is derived from the liberal democratic tradition of west. No institution which is maintained wholly out of state funds shall be used for the purpose of religious instruction irrespective of the question whether the religious instruction is given by the state or any other body.

 

 If you ask me, my ideal would be the society based on liberty, equality and fraternity. An ideal society should be mobile and full of channels of conveying a change taking place in one part to other parts.

 

 To idealise the real which more often than not is full of inequities is a very selfish thing to do. It is only when a person finds a personal advantage in things, as they are that he tries to idealise the real. To proceed to make such an ideal real is nothing short of criminal. It means perpetuating inequity on the ground that whatever is settled is settled for all times. Such a view is opposed to all morality. No society with ideal conscience has ever accepted it. On the contrary whatever progress in improving the terms of associated life between individuals and classes has been made in the course of history, is due entirely to the recognition of the ethical doctrine that whatever is wrongly settled is never settled and must be resettled.

 

 A historian ought to be exact, sincere and impartial; free from passion, unbiased by interest, fear, resentment or affection; and faithful to the truth, which is the mother of history the preserver of great actions, the enemy of oblivion, the witness of the past, the director of the future.

 

 In every country the intellectual class is the most influential class. This is the class which can foresee, advise and lead. In no country does the mass of the people live the life for intelligent thought and action. It is largely imitative and follows the intellectual class. There is no exaggeration in saying that the entire destination of the country depends upon its intellectual class. If the intellectual class is honest and independent, it can be trusted to take the initiative and give a proper lead when a crisis arises. It is true that the intellect by itself is no virtue. It is only a means and the use of a means depends upon the ends which an intellectual person pursues. An intellectual man can be a good man but he may easily be a rogue. Similarly an intellectual class may be a band of high-souled persons, ready to help, ready to emancipate erring humanity or it may easily be a gang of crooks or a body of advocates of narrow clique from which it draws its support.

 

 

 My final words of advice to you are educate, agitate and organize; have faith in yourself. With justice on our side I do not see how we can loose our battle. The battle to me is a matter of joy. The battle is in the fullest sense spiritual. There is nothing material or social in it. For ours is a battle not for wealth or for power. It is battle for freedom. It is the battle of reclamation of human personality.

 

You must abolish your slavery yourselves. Do not depend for its abolition upon god or a superman. Remember that it is not enough that a people are numerically in the majority. They must be always watchful, strong and self-respecting to attain and maintain success. We must shape our course ourselves and by ourselves.

 

 Untouchability shuts all doors of opportunities for betterment in life for Untouchables. It does not offer an Untouchable any opportunity to move freely in society; it compels him to live in dungeons and seclusion; it prevents him from educating himself and following a profession of his choice.

 

 Untouchability has ruined the Untouchables, the Hindus and ultimately the nation as well. If the depressed classes gained their self-respect and freedom, they would contribute not only to their own progress and prosperity but by their industry intellect and courage would contribute also to the strength and prosperity of the nation. If the tremendous energy Untouchables are at present required to fritter away in combating the stigma of Untouchability had been saved them, it would have been applied by them to the promotion of education and development of resources of their nation as a whole.

 

 There have been many Mahatmas in India whose sole object was to remove Untouchability and to elevate and absorb the depressed classes, but everyone has failed in their mission. Mahatmas have come, Mahatmas have gone but the Untouchables have remained as Untouchables.

 

 A historian ought to be exact, sincere and impartial; free from passion, unbiased by interest, fear, resentment or affection; and faithful to the truth, which is the mother of history the preserver of great actions, the enemy of oblivion, the witness of the past, the director of the future.

 

 From the point of view of annihilation of caste, the struggle of the saints did not have any effects on society. The value of a man is axiomatic and self-evident; it does not come to him from the gilding of Bhakti. The saints did not struggle to establish this point. On the contrary their struggle had very unhealthy effect on the depressed classes. It provided the Brahmins with an excuse to silence them by telling them that they would be respected if they attained the status of Chokhamela.

 

 It is mischievously propagated by Hindu scriptures that by serving the upper classes the Shudras achieve salvation. Untouchability is another appellation of slavery. No race can be raised by destroying its self-respect. So if you really want to uplift the Untouchables, you must treat them in the social order as free citizens, free to carve out their destiny.

 

 What you have lost others have gained. Your humiliations are a matter of pride with others. You are made to suffer wants, privations and humiliations not because it was pre-ordained by the sins committed in your previous birth, but because of the overpowering tyranny and treachery of those who are above you. You have no lands because others have usurped them; you have no posts because others have monopolised them. Do not believe in fate; believe in your strength.

 

 

Why Dr. Ambedkar renounced Hinduis

Why Dr. Ambedkar renounced Hinduism?

Dr. Ambedkar's role as a prominent constitution maker of India is quite well known. However, his views on religion, particularly his reasons for renouncing Hinduism, the religion of his birth, are not as widely known. Ambedkar who was born in an "untouchable" family carried on a relentless battle against untouchability throughout his adult life. In the last part of his life, he renounced Hinduism and became a Buddhist. What were his reasons for doing so?

A detailed answer to this question can be obtained by studying his The Buddha and His Dhamma, Annihilation of Caste, Philosophy of Hinduism, Riddles in Hinduism etc. Nonetheless, some of his articles, speeches and interviews before and after his conversion to Buddhism throw some light on this question.

Ambedkar’s statement in 1935 at Yeola Conference is quite instructive in this regard. Ambedkar believed that the untouchables occupied a "weak and lowly status" only because they were a part of the Hindu society. When attempts to gain equal status and "ordinary rights as human beings" within the Hindu society started failing, Ambedkar thought it was essential to embrace a religion which will give "equal status, equal rights and fair treatment" to untouchables. He clearly said to his supporters "select only that religion in which you will get equal status, equal opportunity and equal treatment…"

Evidently, after a comparative study of different religions, Ambedkar concluded that Buddhism was the best religion from this point of view.

In his article "Buddha and the Future of his Religion" published in 1950 in the Mahabodhi Society Journal, Ambedkar has summarized his views on religion and on Buddhism in the following manner:

1. The society must have either the sanction of law or the sanction of morality to hold it

together. Without either, the society is sure to go to pieces. 2. Religion, if it is to survive, it must be in consonance with reason, which is another name for science.

3. It is not enough for religion to consist of moral code, but its moral code must recognize the fundamental tenets of liberty, equality and fraternity.

4. Religion must not sanctify or make a virtue out of poverty.

According to Ambedkar, Buddhism fulfilled these requirements and so among the existing religions it was the only suitable religion for the world. He felt that the propagation of Buddhism needed a Bible. Apparently, Ambedkar wrote The Buddha and his Dhamma to fulfill this need.

In the same article, Ambedkar has enumerated the evils of Hinduism in the following manner:

1. It has deprived moral life of freedom.

2. It has only emphasized conformity to commands.

3. The laws are unjust because they are not the same for one class as of another. Besides, the code is treated as final.

According to Ambedkar, "what is called religion by Hindus is nothing but a multitude of commands and prohibitions."

In the same year, Ambedkar delivered a speech on Buddha Jayanti day in Delhi, in which he attacked Hindu gods and goddess and praised Buddhism because it was a religion based on moral principles. Besides, he pointed out, unlike the founders of other religions who considered themselves emissaries of god; the Buddha regarded himself only as a guide and gave a revolutionary meaning to the concept of religion. He said that Hinduism stood for inequality, whereas Buddhism stood for equality.

In May 1956, a talk by Ambedkar titled "Why I like Buddhism and how it is useful to the world in its present circumstances" was broadcast from the British Broadcasting Corporation, London. In his talk Ambedkar said:

I prefer Buddhism because it gives three principles in combination, which no other religion does. Buddhism teaches prajna (understanding as against superstition and supernaturalism), karuna (love), and samata (equality). This is what man wants for a good and happy life. Neither god nor soul can save society.

In his last speech delivered in Bombay in May 24 1956, in which he declared his resolve to embrace Buddhism, Ambedkar observed:

Hinduism believes in God. Buddhism has no God. Hinduism believes in soul. According to Buddhism, there is no soul. Hinduism believes in Chaturvarnya and the caste system. Buddhism has no place for the caste system and Chaturvarnya.

It is obvious that Ambedkar regarded Buddhism as a much more rational religion compared to Hinduism, rather the most rational religion. His main objection to Hinduism was that it sanctified inequality and untouchability through its doctrine of Chaturvarnya. Buddhism, on the other hand, rejected Chaturvarnya and supported equality. He commends Buddhism for rejecting god and soul and for emphasizing morality. According to him, prajna (understanding as against superstition and supernaturalism), karuna (love), and samata (equality), which Buddhism alone teaches, is all that human beings need for a "good and happy life".

Ambedkar’s final religious act was to embrace Buddhism. His work The Buddha and his Dhamma contains his own understanding and interpretation of Buddhism. We may say that Buddhism as expounded in this book is what Ambedkar embraced and recommended. In this book Ambedkar has tried to interpret Buddhism in a rationalistic manner. Ambedkar did not believe in the existence of god and soul. This is obvious from the reasons he has given for embracing Buddhism as well as from his interpretation of Buddhism in Buddha and His Dhamma. In Buddhism, as interpreted by Ambedkar, there is no place for god and soul. Further, according to Ambedkar, Buddha did not believe in rebirth, karma and moksha as traditionally conceived. Besides, Buddha rejected the varna vyavastha.

It is widely recognized by scholars of Buddhism that Buddha did not believe in god and soul and also that he rejected varna-vyavastha. However, according to the traditional interpretation of Buddhism, Buddha did believe in rebirth and the related doctrine of "bondage" and liberation (nirvana). Ambedkar's interpretation of Buddhism differs from the traditional interpretation on this point. But regrettably Ambedkar has not documented his book Buddha and his Dhamma. Therefore it is not possible to say how he arrived at his alternative interpretation of Buddhism. From a rationalist and humanist point of view, one may say that Buddhism is a better religion than Hinduism and that it is closer to rationalism-humanism compared to any other religion. Still, it cannot be denied that Buddhism is a religion and certain elements like faith, worship and other-worldliness or supernaturalism, which are common to all religions, are also found in Buddhism. Therefore the best thing is to give up all religions and adopt rational humanism as a philosophy of life.

Dr. Ramendra
Reader, Department of Philosophy
Patna College, Patna University