Tamil Nadu government notifies SC/ST amendment rule 2016

If the new amendment were implemented in letter and spirit, lawbreakers could face major trouble for even minor deviations. Such is the nature of changes made to the Act (notified on October 26, 2016), which now insists on the officer of the police station investigating the case filing charge sheet in an ‘exclusive special court’ within 60 days. Also, the amendment mandates that the investigating officer complete his probe on top priority and table a report to the district police superintendent, who in turn would forward the same to the state DGP or city police commissioner. 

Originally conceived in the twilight of the previous UPA-II regime and enacted in the incumbent Modi regime, the amendment has also incorporated sufficient checks and balances like a provision calling for a quarterly review of all investigations (under the Act) jointly by the state home secretary, secretary of SC/ST development department and DGP. Unlike in the past, each district would have an exclusive panel of ‘eminent senior advocates’ (minimum experience of seven years) and public prosecutors and exclusive special public prosecutors for conducting cases in the special or exclusive special courts. The panels (valid for three years) would be constituted based on the recommendation of respective district magistrates (collector) and director of prosecution. 

As per rule 12 of the amendment, the district collector or sub-divisional magistrate or executive magistrate should make necessary arrangements to provide cash or other relief, which also includes food, water, clothing, shelter, medical aid and even transport facilities, to the victims of the atrocities and their families and dependants within seven days. Titled specific responsibility of the state, the amendment makes it incumbent on the state government to make necessary annual budgetary provisions for providing relief and rehabilitating the victims. However, the amendment would not serve its purpose if the enforcement agencies in the state do not mend their ways, claims rights activist Professor A. Marx “We welcome it, but the situation will not improve and SC/ST people will not be protected if they do not implement the amended rule in letter and spirit. Government should have the will power to enforce the amended rule,” he said.