‘Vigilance committees, police violate SC/ST Act in atrocity cases’

CHENNAI: District level vigilance and monitoring committees (SDV and MC) in several districts are usurping the power of the special courts constituted to hear cases filed under the SC/ST (Prevention of Atrocity) Act by accepting the negative final report in connection with the cases filed under the SC/ST (Prevention of Atrocities) Act 1989 from the investigating officer. Further, delaying the rights of the victims to seek legal remedy and undermining the existence of special courts to hear the SC/ST atrocity cases.

On inquiring into caste-based discrimination against a woman panchayat president in Arakkonam, the TN State SC/ST commission found that the Deputy Superintendent of Police (DSP), who was the investigating officer, and the SDV and MC violated the SC/ST (POA) Act gone against their prescribed role and delayed the victims to approach the special court for legal remedy. Unhappy over the police approach, the victim approached the TN SC/ST commission a couple of months ago.

On coming across such practice, the commission has recommended the TN government to direct the district vigilance and monitoring committees to desist from accepting the negative reports that amount to “usurping the power of the special court”, said the committee in its order after concluding the inquiry into the case of Vedal panchayat president.

Vice president of Vedal panchayat Venkatachalapathy hurled caste slur against Geetha, the panchayat president, and insisted that she should discharge her duty sitting on the floor of the panchayat office. When Geetha’s husband Moorthi questioned this, he was assaulted. A case has been registered in this regard on January 12 this year under IPC sections and SC/ST (POA) Act. The IO of the case, after completing the investigation, submitted the final report to close the case citing a “mistake of fact”. “Instead of sending the final report to the special court for trial of the case, he opted to send it to the vigilance commission seeking its approval. It is against the Act,” a member of the commission told DT Next.

Going by the legal provisions - section 15 -A (11) – of the Act, the vigilance and monitoring either at the state level or at the district level does not have the power to interfere with the investigation. The role of the committee is restricted to extending rehabilitation, protection, relocation and providing financial aid for travel to the victim. “The case of the Vedal panchayat president is not an isolated case as we come across many such cases during the inquiry. This forced the commission to take the issue to the knowledge of the state government. Such practice should be stopped as it amounts to denying and taking away the legal provisions of the victims and making a mockery of the system,” added the member.