Atrocities Act: Zero Conviction Rate: HC Questions Non-Invocation of Atrocities Act in Manual Scavenging Cases | Bengaluru News
BENGALURU: Highlighting zero conviction in cases registered under the provisions of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, the high court on Monday questioned as to why the enactment is not being regularly invoked in cases registered against those employing manual scavengers.
A division bench comprising Chief Justice Prasanna B Varale and Justice Krishna S Dixit was also not happy with the performance of public prosecutors.
“You arrest people for uttering the name of caste, but do nothing after that. What action have you taken with regards to zero conviction?” the division bench asked while pointing out that it is constrained to say that it is because of substandard public prosecutors.
Citing the orders passed in earlier PILs, the division bench has sought for furnishing detailed affidavit regarding compliance, especially in relation to procurement of necessary equipment.
Advocate general Shashikiran Shetty submitted that the procurement process is on. However, the bench stressed that it should be on a priority basis. “It requires strong will. Not by mechanical approach or usual redtapism in government administration,” the bench added.
Notice ordered
The bench ordered notice to the state and central government and the Karnataka State Commission For Safai Karmacharis and Karnataka State Safai Karmachari Development Corporation in response to a suo motu public interest litigation (PIL) relating to manual scavenging.
Advocate Sridhar Prabhu, who is assisting the amicus curiae, submitted that the provisions of the SC/ST Act must be invoked against the accused in cases wherein manual scavengers are engaged.
The bench pointed out that the provisions of the Atrocities Act have not been invoked even though Section 3(j) is meant for the same and adjourned the hearing to January 30.
PIL on Kolar, Andhrahalli school incidents
The division bench ordered notice to the state government and others in response to a separate PIL seeking a high-level probe into recent incidents that occurred at Malur taluk in Kolar, Andhrahalli school in Bengaluru and Neralakere school in Shivamogga wherein students were forced to clean toilets/soak pits.
V Paramesh, a resident of Bengaluru, had prayed for entrusting the matter to CID for investigation and also taking necessary legal action against the officers.
A division bench comprising Chief Justice Prasanna B Varale and Justice Krishna S Dixit was also not happy with the performance of public prosecutors.
“You arrest people for uttering the name of caste, but do nothing after that. What action have you taken with regards to zero conviction?” the division bench asked while pointing out that it is constrained to say that it is because of substandard public prosecutors.
Citing the orders passed in earlier PILs, the division bench has sought for furnishing detailed affidavit regarding compliance, especially in relation to procurement of necessary equipment.
Advocate general Shashikiran Shetty submitted that the procurement process is on. However, the bench stressed that it should be on a priority basis. “It requires strong will. Not by mechanical approach or usual redtapism in government administration,” the bench added.
Notice ordered
The bench ordered notice to the state and central government and the Karnataka State Commission For Safai Karmacharis and Karnataka State Safai Karmachari Development Corporation in response to a suo motu public interest litigation (PIL) relating to manual scavenging.
Advocate Sridhar Prabhu, who is assisting the amicus curiae, submitted that the provisions of the SC/ST Act must be invoked against the accused in cases wherein manual scavengers are engaged.
The bench pointed out that the provisions of the Atrocities Act have not been invoked even though Section 3(j) is meant for the same and adjourned the hearing to January 30.
PIL on Kolar, Andhrahalli school incidents
The division bench ordered notice to the state government and others in response to a separate PIL seeking a high-level probe into recent incidents that occurred at Malur taluk in Kolar, Andhrahalli school in Bengaluru and Neralakere school in Shivamogga wherein students were forced to clean toilets/soak pits.
V Paramesh, a resident of Bengaluru, had prayed for entrusting the matter to CID for investigation and also taking necessary legal action against the officers.