POA 8 DVMC roles and responsibilities

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A simple system to track the implementation Rule 17 of the SCs and STs (PoA) Act 1989 and Rules 1995.

This contains a step by step guide, and will tell you the basics of monitoring a District Vigilance and Monitoring Committee (DVMC).

Use along with the set of 10 files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).

Download the whole set and use!

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POA 8 DVMC roles and responsibilities

  1. 1. DVMC Roles and Responsibilities CMASK 2013; page [1] mobile: +91.80.8850.6595 email: training@openspace.org.in DVMC Roles and Responsibilities To monitor the implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 and Rules 1995 (POA) there are mechanisms at the State and District levels. The district level mechanism is the district level vigilance and monitoring committee DVMC (Rule 17 of the POA). Setting up the DVMC [Rule 17(1)] 1. In each district within the State, the District Magistrate shall set up a vigilance and monitoring committee. Members of the DVMC [Rule 17(2)] 2. The district level vigilance and monitoring committee (DVMC) shall consist of (a) Members of the Parliament and State Legislative Assembly and Legislative Council. (b) Superintendent of Police. (c) Three-group 'A' Officers, Gazetted Officers of the State Government belonging to the SC/ST. (d) Not more than 5 non-official members belonging to the Scheduled Castes and the Scheduled Tribes. (e) Not more than 3 members from the categories other than SCs/STs having association with NGOs. (f) The District Magistrate shall be the Chairman. (g) The District Social Welfare Officer shall be the Member-Secretary. Meetings [Rule 17(3)] 3. The district level committee shall meet at least once in three months. 4. If the meeting is not convened every quarter, complain to the state nodal officer [9] requesting him to conduct an inquiry and take action under Section 4 of the Act Punishment for neglect of duties. Follow up the letter after three months with a request under RTI asking for the action taken report on your complaint. Meeting agenda and role of the DVMC [Rule 17(1)] 5. The meetings of the DVMC are restricted only to the members of the DVMC and to the specific purpose under the Act and Rules. They cannot be clubbed with the public grievances or the monthly meetings. 6. The DVMC shall review (a) Implementation of the provisions of the Act. (b) Relief and rehabilitation facilities provided to the victims and other matters connected therewith. (c) Prosecution of cases under the Act. (d) Role of different officers responsible for implementing the provisions of the Act. (e) Role of different agencies responsible for implementing the provisions of the Act. (f) Various reports received by the District Administration (This would include reports under Rule 12(7) for each case). 7. In addition, the DVMC can also (vide Karnataka state circular SWD 62 SPA 2009, dated 20-07-2010) (a) Identify atrocity prone areas. (b) Suggest measures to prevent atrocities in those areas. 8. For every investigating officer (IO), the DVMC shall review the number of: (a) Cases investigated. (b) Cases for which charge sheet has been filed. (c) Accused in FIR. (d) Accused in charge sheet. (e) Cases ending in conviction. (f) Accused acquitted (including in the cases for which there is conviction). This is not explicitly mentioned in the Act, but a review of the role of the IO would entail this at the very minimum. 9. For every Special Public Prosecutor (SPP), the DVMC shall review the number of: (a) Cases argued. (b) Cases ending in conviction. (c) Accused in charge sheet. (d) Accused acquitted (including in the cases for which there is conviction).
  2. 2. DVMC Roles and Responsibilities CMASK 2013; page [2] mobile: +91.80.8850.6595 email: training@openspace.org.in This is not explicitly mentioned in the Act, but a review of the role of the SPP would entail this at the very minimum. They can call for the report submitted to the state government on the performance of the SPPs in January and July [4(2)], which will (should) contain this information. 10. For every judge hearing cases under this Act (whether designated special court or not), the DVMC shall review the number of: (a) Cases listed. (b) Cases heard. (c) Cases ending in conviction. (d) Accused in charge sheet. (e) Accused acquitted (including in the cases for which there is conviction). This is not explicitly mentioned in the Act, but a review of the role of the judge would entail this at the very minimum. Some judges have a 100% acquittal rate. 11. It is important to track both the number of cases ending in conviction and the number of accused convicted since even in the cases ending in conviction 9 out of 10 accused may be acquitted (i.e. 90% acquittal).

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