This document outlines the process for monitoring implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 and Rules 1995 at the state level in India. It describes the key mechanisms, reports, reviews, and committees involved in state-level monitoring, including: 1) mandatory gazette notifications, 2) monthly reports submitted by districts to the state government, 3) quarterly reviews conducted by the state government, 4) half-yearly reviews of special public prosecutors, and 5) biannual meetings and reviews by the State Vigilance and Monitoring Committee. The document provides detailed guidance on the information to request from authorities at each stage of monitoring to ensure proper implementation of the Act.
SC/ST (PoA) Act Monitoring at the state levelOpenSpace
Monitoring the SCs and STs (Prevention of Atrocities) Act 1989 at the state level.
Part of a comprehensive set of monitoring tools available here: http://openspace.org.in/SCSTPOAMonitoringTools
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!
Haiti: Rapport Du Secrétaire General des Nations Unies Recommandant la Fermet...Stanleylucas
La MINUSTAH fut créé en 2004 pour assister Haiti dans la construction de ses institutions démocratiques. En 13 ans cette mission a dépensé 8 milliards de dollars américains. A part quelques progrès enregistres au sein de la Police Nationale d'Haiti (PNH) la mission a failli a sa mission. La grande majorité des Haïtiens se demandent ou sont passes ces 8 milliards. Pire les soldats Népalais de la MINUSTAH ont introduit la batterie du choléra en Haiti qui a cause la mort de 10.000 Haïtiens et contamines plus de 900.000. Il faudra 2.2 milliards pour nettoyer le pays de cette bactérie mortelle de la MINUSTAH. Le Secrétaire General des Nations Unies pendant six ans a refuse de reconnaitre la responsabilité de ces soldats dans cette épidémie. Quand finalement ils ont reconnu leur responsabilité ça a été avec des jeux de mots pour éviter leur responsabilité légale et rembourser les parents des victimes du choléra. Malgré toutes les promesses faites aucun parent des victimes n'a été dédommagé et les Nations Unies roulent les Haïtiens. C'est dans ce contexte que les Nations Unies veulent remplacer la MINUSTAH qui a perdue toute sa crédibilité par une mission plus légère.
The Minister of Women & Child Development Smt Maneka Sanjay Gandhi released the draft “Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016” in New Delhi today for further stakeholders consultations and comments. The Bill aims to create a strong legal, economic and social environment against trafficking of persons and related matters.
Speaking on the occasion, Smt Maneka Sanjay Gandhi said that the Bill is victim oriented and makes clear the distinction between the ‘trafficker’ and the ‘trafficked’. The WCD Minister said that the draft Bill plugs loopholes in existing laws and brings within its fold additional crimes pertaining to trafficking which don’t find a place in the existing laws. It also envisages creation of a fund for rehabilitation of victims of trafficking, she said. Under the Bill, an institutional mechanism is also sought to be set up to deal with this highly specialized subject which will also include members from Civil Society Organizations, the Minister explained. Since the problem is trans-border with our neighbouring countries, protocols will also be worked out for those trafficked from other countries. Smt Maneka Gandhi also highlighted the major initiatives taken up by the Government to deal with the problem of trafficking and that of missing children including the new Khoya-Paya web portal, unique initiative with Railways, pasting of posters in railway coaches, expansion of Children helpline-Childline 1098 among others
SC/ST (PoA) Act Monitoring at the state levelOpenSpace
Monitoring the SCs and STs (Prevention of Atrocities) Act 1989 at the state level.
Part of a comprehensive set of monitoring tools available here: http://openspace.org.in/SCSTPOAMonitoringTools
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!
Haiti: Rapport Du Secrétaire General des Nations Unies Recommandant la Fermet...Stanleylucas
La MINUSTAH fut créé en 2004 pour assister Haiti dans la construction de ses institutions démocratiques. En 13 ans cette mission a dépensé 8 milliards de dollars américains. A part quelques progrès enregistres au sein de la Police Nationale d'Haiti (PNH) la mission a failli a sa mission. La grande majorité des Haïtiens se demandent ou sont passes ces 8 milliards. Pire les soldats Népalais de la MINUSTAH ont introduit la batterie du choléra en Haiti qui a cause la mort de 10.000 Haïtiens et contamines plus de 900.000. Il faudra 2.2 milliards pour nettoyer le pays de cette bactérie mortelle de la MINUSTAH. Le Secrétaire General des Nations Unies pendant six ans a refuse de reconnaitre la responsabilité de ces soldats dans cette épidémie. Quand finalement ils ont reconnu leur responsabilité ça a été avec des jeux de mots pour éviter leur responsabilité légale et rembourser les parents des victimes du choléra. Malgré toutes les promesses faites aucun parent des victimes n'a été dédommagé et les Nations Unies roulent les Haïtiens. C'est dans ce contexte que les Nations Unies veulent remplacer la MINUSTAH qui a perdue toute sa crédibilité par une mission plus légère.
The Minister of Women & Child Development Smt Maneka Sanjay Gandhi released the draft “Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016” in New Delhi today for further stakeholders consultations and comments. The Bill aims to create a strong legal, economic and social environment against trafficking of persons and related matters.
Speaking on the occasion, Smt Maneka Sanjay Gandhi said that the Bill is victim oriented and makes clear the distinction between the ‘trafficker’ and the ‘trafficked’. The WCD Minister said that the draft Bill plugs loopholes in existing laws and brings within its fold additional crimes pertaining to trafficking which don’t find a place in the existing laws. It also envisages creation of a fund for rehabilitation of victims of trafficking, she said. Under the Bill, an institutional mechanism is also sought to be set up to deal with this highly specialized subject which will also include members from Civil Society Organizations, the Minister explained. Since the problem is trans-border with our neighbouring countries, protocols will also be worked out for those trafficked from other countries. Smt Maneka Gandhi also highlighted the major initiatives taken up by the Government to deal with the problem of trafficking and that of missing children including the new Khoya-Paya web portal, unique initiative with Railways, pasting of posters in railway coaches, expansion of Children helpline-Childline 1098 among others
A LAW TO PROVIDE FOR PRUDENT MANAGEMENT OF THE STATE’S RESOURCES, ENSURE LONG – TERM MACRO ECONOMIC STABILITY, SECURE GREATER ACCOUNTABILITY AND TRANSPARENCY IN FISCAL OPERATIONS WITHIN A MEDIUM TERM FISCAL POLICY FRAME WORK AND THE ESTABLISHMENT OF THE FISCAL RESPONSIBILITY COMMISSION TO ENSURE THE PROMOTION AND ENFORCEMENT OF THE STATE’S ECONOMIC OBJECTIVES AND OTHER MATTERS CONNECTED THEREWITH.
Final Act Switzerland: Federal Act on the Freezing and Restitution of Illicit Assets Held by Foreign Politically Exposed Persons (Men and Women) or Foreign Illicit Assets Act FIAA
Rapport observation electorale oea haiti 2017Stanleylucas
On March 24, 2015, the Government of the Republic of Haiti extended an invitation to the Organization of American States (OAS) to observe the legislative, presidential, municipal, and local elections. To lead the Electoral Observation Mission (EOM), the OAS Secretary General appointed the former Minister of Foreign Affairs of Costa Rica, Enrique del Castillo (for the legislative elections held on August 9, 2015), the former Minister of Foreign Affairs and Minister of Defense of Brazil, Celso Amorim (for the presidential election and runoff legislative elections held on October 25, 2015), and Ambassador Juan Raúl Ferreira of Uruguay (for the presidential, legislative, municipal, and local elections held on November 20, 2016 and January 29, 2017).
This report contains the observations and recommendations that came out of the five Electoral Observation Mission deployments and the visits made by the chiefs of mission and members of the Secretariat for Strengthening Democracy over an 18-month period.
BILL FOR THE AMENDMENT OF THE CONSTITUTION OF KENYA, 2010 BY POPULAR INITIATIVE PURSUANT TO ARTICLE 257
PUBLISHED BY THE COMMITTEE OF EXPERTS, OKOA KENYA MOVEMENT
23RD APRIL 2015
Microsoft Power Point Mafikeng Leadership Committee Presents Role Players I...fred fred
karabo wanted to understand how the government works and how all the different people operate. these slides are to give him the opportunity to learn and to question more what he is learning
With a population of 104.9 Million (2017), officially named Republic of the Philippines, the uploaded presentation is all about the country as a state and its three branches of government.
A LAW TO PROVIDE FOR PRUDENT MANAGEMENT OF THE STATE’S RESOURCES, ENSURE LONG – TERM MACRO ECONOMIC STABILITY, SECURE GREATER ACCOUNTABILITY AND TRANSPARENCY IN FISCAL OPERATIONS WITHIN A MEDIUM TERM FISCAL POLICY FRAME WORK AND THE ESTABLISHMENT OF THE FISCAL RESPONSIBILITY COMMISSION TO ENSURE THE PROMOTION AND ENFORCEMENT OF THE STATE’S ECONOMIC OBJECTIVES AND OTHER MATTERS CONNECTED THEREWITH.
Final Act Switzerland: Federal Act on the Freezing and Restitution of Illicit Assets Held by Foreign Politically Exposed Persons (Men and Women) or Foreign Illicit Assets Act FIAA
Rapport observation electorale oea haiti 2017Stanleylucas
On March 24, 2015, the Government of the Republic of Haiti extended an invitation to the Organization of American States (OAS) to observe the legislative, presidential, municipal, and local elections. To lead the Electoral Observation Mission (EOM), the OAS Secretary General appointed the former Minister of Foreign Affairs of Costa Rica, Enrique del Castillo (for the legislative elections held on August 9, 2015), the former Minister of Foreign Affairs and Minister of Defense of Brazil, Celso Amorim (for the presidential election and runoff legislative elections held on October 25, 2015), and Ambassador Juan Raúl Ferreira of Uruguay (for the presidential, legislative, municipal, and local elections held on November 20, 2016 and January 29, 2017).
This report contains the observations and recommendations that came out of the five Electoral Observation Mission deployments and the visits made by the chiefs of mission and members of the Secretariat for Strengthening Democracy over an 18-month period.
BILL FOR THE AMENDMENT OF THE CONSTITUTION OF KENYA, 2010 BY POPULAR INITIATIVE PURSUANT TO ARTICLE 257
PUBLISHED BY THE COMMITTEE OF EXPERTS, OKOA KENYA MOVEMENT
23RD APRIL 2015
Microsoft Power Point Mafikeng Leadership Committee Presents Role Players I...fred fred
karabo wanted to understand how the government works and how all the different people operate. these slides are to give him the opportunity to learn and to question more what he is learning
With a population of 104.9 Million (2017), officially named Republic of the Philippines, the uploaded presentation is all about the country as a state and its three branches of government.
A single page calendar to track the implementation of the SCs and STs (PoA) Act 1989 and Rules 1995.
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!
OBJECTIVE - Prevention, Control and abetment of air-pollution through the Air Pollution and Control Boards.
APPLICABILITY - Whole of India
AIR POLLUTION - Presence of any air pollutant in the atmosphere.
Section-2(b)
The first measure to control pollution was the Water Act, 1974.
After seven years of gap government further realized that there is air pollution as well and for that purpose, the government enacted the Air Act, 1981.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
1. State level monitoring CMASK 2013; page [1]
Ph.044-2235 3503 email: contact@hrf.net.in
Monitoring SCs and STs (POA) Act at the state level
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 state level
mechanism is the state level vigilance and monitoring committee, SVMC (Rule 16 of the POA). In
addition, the state is required to issue certain notifications and take preventive action.
In this first stage of monitoring at the state level, we will only ensure that the planned events or tasks are
being done at the mandated times by the mandated authorities. The quality is not monitored at this stage.
Once the state of inertia is transformed to momentum, we will move on to quality issues.
As a norm, ask for the information personally and even encourage the concerned department to put it on
their website suo moto under RTI. If they do not comply, file a request under RTI. Put up scanned copies of
any information that you get under RTI on your own webpage or on a file sharing site (slideshare, dropbox
etc) in a dedicated channel with the appropriate tags.
1 Mandatory gazette notifications
1. The government has to make the following gazette notifications.
(a) Notification of atrocity prone areas ‘area where it has reason to believe that atrocity may take place
or apprehension’ that an atrocity may take place [3(1)].
(b) Panel of Public Prosecutors or panel of eminent Senior Advocates as Special Public Prosecutor for
the purpose of conducting cases under this Act and Rules [4(1)]. This is done every three years.
(c) Setting up of the Scheduled Castes and Scheduled Tribes Protection Cell [8].
(d) Appointing the state nodal officer for coordinating the officials responsible for implementing the
Act and reviewing their performance (normally the Principal Secretary, Social Welfare) [9].
(e) Name and designation of the Special Officer in the atrocity prone area [10]. This would typically
be at the district level.
(f) Constitution of the state-level vigilance and monitoring committee (SVMC) [16(1)]. This would
need to be done after every election/change in government.
(g) Government notification of the constitution of the district-level vigilance and monitoring
committee (DVMC) [17(1)]. This should have the names of all the members and designations
[17(2)]. Note that some are ex-officio members, and this will have to be mentioned.
(h) State contingency plan for preventive action which will include the mandatory minimum relief and
rehabilitation measures as notified in the official gazette of the state government [15(1)]. This can
be got from any district magistrate, sub-divisional magistrate, inspector of police or superintendent
of police, since they will have a copy [15(2)]. Check whether the contingency plan is sufficient to
‘prevent atrocities and to restore the feeling of security amongst the members of the Scheduled
Castes and the Scheduled Tribes’ and schemes ‘for strengthening the socioeconomic condition of
the victim’ apart from immediate relief.
(i) Setting up an exclusive or designated Special Court to try cases under this Act [S14]. It is
sufficient if you get this notification for your district.
2. Get copies of the notifications. If they have not been notified, request that they be notified to the nodal
officer. If the nodal officer has not been appointed request the chief minister/minister for social
welfare/justice to appoint the nodal officer, who should then be lobbied to issue the notifications.
(Lobbying the nodal officer is in addition to the chief minister and the social justice minister).
3. Ask for the criteria for 13(1) that the administrative officers and other staff members posted in an area
prone to atrocity shall have ‘the right aptitude and understanding of the problems of the SCs and STs’.
4. Ask for the criteria to assess 13(2) that ‘SCs and STs are adequately represented in the administration
and in the police force at all levels, particularly at the level of police posts and police station’. Ask also
for the posting details (at least the number of SCs, STs and Others) in each police station of the area
you are monitoring.
2 Preventive action
5. This Act is to prevent atrocities. The details of the preventive action are specified in Rule 3i – xi. Ask
for the details of their implementation for the period under monitoring. This is in addition to the
mandatory gazette notifications.
6. Number and details of arms licenses cancelled in the atrocity prone areas [3(iii)] and the details of the
arms thus deposited in the government armoury.
2. State level monitoring CMASK 2013; page [2]
Ph.044-2235 3503 email: contact@hrf.net.in
7. Number and details of arms licenses provided to the members of the Scheduled Castes and the
Scheduled Tribes [3(v)].
8. Number, details (including contact details) of awareness centres set up 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 [3(viii)]
9. Number, details (including resource persons, participants and study material details) and expenses of
awareness workshops conducted 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 [3(viii)]
10. Number, details, finance provided and programmes conducted by non-government organisations for
establishing and maintaining awareness centres and organising workshops, financial and other sort of
assistance and encouragement provided [3(ix)]. You would need to know:
(a) Which NGOs were paid how much to do what?
(b) What did they actually do?
(c) Who certifies that they have done it?
(d) What is the evidence (reports, photographs etc).
3 Monthly reports
11. There are two monthly reports [4(4) and 8(xi)] that are to be submitted before 20th day of each
subsequent month, which will specify the action that will be taken. However, there is a slight
difference between them, and they should not be confused. Under no circumstances should they be
taken to mean one and the same, as most governments do. They are two different reports, with two
different functions.
(a) The report by the District Magistrate and the Officer-in-charge of the prosecution at the District
level is submitted 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 [4(4)].
(b) The SCs and STs protection cell submits a monthly report to the nodal officer about the action
taken proposed to be taken, in respect of the above [8(xi)]. There are several significant differences
in this report—the most important being that it is much more comprehensive in that it also reports
on 8(i) to 8(x). Reviewing the position of cases registered under the Act [8(x)] is only one of the
eleven components of this comprehensive report.
(c) The report under Rule 8 will have (i) if any survey has been conducted of the identified (atrocity
prone) area; (ii) maintaining public order and tranquillity in the identified area; (iii)
recommendations 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 SCs and STs; (vi)
information about the law and order situation in the identified area; (vii) the investigation and spot
inspections conducted by various officers; (viii) 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) reports of enquiries about
the wilful negligence by a public servant; (x) reviewing the position of cases registered under the
Act, and (xi) the action taken proposed to be taken, in respect of the above.
12. Get a copy of each of these reports on a monthly basis. Request for the report of any previous month
after the 20th
. (For instance on 21 April 2010 you can ask for the monthly report for any month from 1
January 1996 to 31 March 2010. On 21 May 2010 you can ask for the monthly report for any month
from 1 January 1996 to 30 April 2010).
13. It is likely that the departments will deny information on the pretext that it is information on pending
investigations. Appeal to the first appellate authority, and then to the state information commission.
14. In the meantime, pending appeal, file RTI requests to know the date on which the reports were received
by the Director of Prosecution and the nodal officer for the whole calendar year. This information
cannot be denied.
4 Quarterly reviews
15. Two rules deal with reviews to be done ‘by the end of every quarter’. Of them, 7(3) is more specific
and 3(xi) is comprehensive. We will need to use both in combination to monitor.
3. State level monitoring CMASK 2013; page [3]
Ph.044-2235 3503 email: contact@hrf.net.in
16. Rule 7(3) specifies that the review has to be done by 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. Rule 3(xi) mentions the generic and vague ‘state government’.
17. Rule 7(3) is only for the review of the position of all investigations done by the investigating officer.
Rule 3(xi) is a more comprehensive review of 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.
18. Most states club the two reviews. Get the review report(s).
19. For every investigating officer (IO), the review shall cover the number of:
(a) Cases investigated.
(b) Cases for which investigation is completed within 30 days [7(2)]
(c) Cases for which charge sheet has been filed.
(d) Cases for which B reports (mistake of fact or false) have been filed.
(e) Accused in FIR.
(f) Accused in charge sheet.
(g) Cases ending in conviction.
(h) Accused acquitted (including in the cases for which there is conviction).
(i) Whether the acquittal was because of poor investigation.
This is not explicitly mentioned in the Act, but a review of the position of the cases and the performance
of the investigating officers [3(xi)] would entail this at the very minimum.
20. For every DVMC, the review will cover
(a) Date on which the meeting was conducted.
(b) Members present.
(c) Whether there are habitual absentees.
(d) Whether the DC has conducted the meeting on time.
(e) Whether the DC has a record of delay or not conducting the DVMC meetings.
5 Half yearly reviews
21. The performance of the Special Public Prosecutors is reviewed in the months of January and July at
two levels.
(a) At the district level by the District Magistrate and the Director of prosecution/in charge of the
prosecution and submit a report to the State Government.[4(2)]
(b) At the State Government level [14]
22. For every Special Public Prosecutor (SPP), the DM and DP 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).
(e) Whether the acquittal is because of the case being weakly argued without due care, caution or
preparation.
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.
23. If the review by the state government [14] of the report submitted by the district [4(2)] concludes that
there is reason to believe that a Special Public Prosecutor has not conducted the case to the best of his
ability with due care and caution, his name may be, for reasons to be recorded in writing, denotified.
Ask for the details of those so denotified in the period under review.
6 Monitoring the SVMC
6.1 Setting up the SVMC [Rule 16(1)]
24. The State Government shall constitute high power vigilance and monitoring committee of not more
than 25 members.
25. The state vigilance and monitoring committee (SVMC) has to be notified with every change in
government. Use RTI to ask for the notification setting up the SVMC after every change in
government.
4. State level monitoring CMASK 2013; page [4]
Ph.044-2235 3503 email: contact@hrf.net.in
6.2 Members of the SVMC [Rule 16(2)]
26. The high power vigilance and monitoring committee shall consist of the following:
(a) Chief Minister/Administrator-Chairman (in case of a State under President’s Rule Governor-
Chairman).
(b) Home Minister, Finance Minister and Welfare Minister-Members (in case of a State under the
President’s Rule Advisors-Members);
(c) All elected Members of Parliament and State Legislative Assembly and Legislative Council from
the State belonging to the Scheduled Castes and the Scheduled Tribes- Members
(d) Chief Secretary, the Home Secretary, the Director-General of Police, Director/ Deputy Director,
National Commission for the Scheduled Castes and the Scheduled Tribes- Members;
(e) Secretary in-charge of the welfare and development of the Scheduled Castes and the Scheduled
Tribes- Convener.
6.3 Meetings [Rule 16(3)]
27. 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/agencies responsible for implementing the provisions of
the Act and various reports received by the State Government.
28. If the meeting is not convened in January and July, remind the state nodal officer [9] and the Chief
Minister of neglect of duties.
29. Follow up the letter after three months with a request under RTI asking for the action taken report on
your complaint.
6.4 Meeting agenda and role of the SVMC [Rule 17(1)]
30. The meetings of the SVMC are restricted only to the members of the SVMC and to the specific
purpose under the Act and Rules..
31. The SVMC shall review [14]
(a) Performance of the Special Public Prosecutors.
(b) Various reports received (these would mean under Rule 8, 4(2).
(c) Investigation made and preventive steps taken by the District Magistrate, Sub-Divisional
Magistrate and Superintendent of Police.
(d) Relief and rehabilitation facilities provided to the victims.
(e) Reports in respect of lapses on behalf of the concerned officers.
(f) Various reports received or reviews conducted by the State under 4(2), 4(4), 6, 7(3), 8 and 9.
32. The SVMC reviews are critical to ensure that the government can fulfil its duties that the
(a) Administrative officers and other staff members posted in an area prone to atrocity shall have the
right aptitude and understanding of the problems of the SCs and STs [13(1)].
(b) SCs and STs are adequately represented in the administration and in the police force at all levels,
particularly at the level of police posts and police station [13(2)].
33. The report under Rule 8 will have
(a) If any survey has been conducted of the identified (atrocity prone) area; [8(i)]
(b) Maintaining public order and tranquillity in the identified area; [8(ii)]
(c) Recommendations for deployment of special police force or establishment of special police post in
the identified area; [8(iii)]
(d) Making investigations about the probable causes leading to an offence under the Act; [8(iv)]
(e) Restoring the feeling of security amongst the members of the SCs and STs; [8(v)]
(f) Information about the law and order situation in the identified area; [8(vi)]
(g) The investigation and spot inspections conducted by various officers; [8(vii)]
(h) 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; [8(viii)]
(i) Reports of enquiries about the wilful negligence by a public servant [8(ix)]
(j) Reviewing the position of cases registered under the Act [8(x)]
(k) The action taken proposed to be taken, in respect of the above. [8(xi)]
34. The review under Rule 9 will have (in addition to the matter in the report under Rule 8)
(a) Adequacy of immediate facilities, legal aid, travelling allowance, daily allowance and transport
facilities provided to the victims of atrocity of his/her dependents; [9(v)]
5. State level monitoring CMASK 2013; page [5]
Ph.044-2235 3503 email: contact@hrf.net.in
(b) The performance of non-governmental organizations [9(v)].
(c) The performance of the Scheduled Castes and the Scheduled Tribes Protection Cell [9(v)].
(d) The performance of various committees and the public servants responsible for implementing the
provisions of the Act [9(v)].
35. For every investigating officer (IO), the SVMC shall review the number of:
(a) Cases investigated.
(b) Cases for which investigation is completed within 30 days [7(2)]
(c) Cases for which charge sheet has been filed.
(d) Accused in FIR.
(e) Accused in charge sheet.
(f) Cases ending in conviction.
(g) Accused acquitted (including in the cases for which there is conviction).
This would be in the report of the review under Rule 8 and the review under 7(3).
36. For every Special Public Prosecutor (SPP), the SVMC shall review [14] 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).
The report submitted to the state government on the performance of the SPPs in January and July [4(2)],
and the review conducted in 9(v) will (should) contain this information.
(e) Any action taken under 4(3), though it might be covered under 8(ix) also.
37. 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, and obviously would fall short of the requirement
of Rule 13(1).
38. 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).
39. Remind the nodal officer that he has to convene the SVMC meeting [16(v)] by sending a reminder on 1
November and 1 May every year. This will give them sufficient time to coordinate dates with the other
dignitaries well in advance.
40. Ask for a copy of the minutes of the SVMC meetings on the 15th
of February and 15th
August every
year. Follow it up till you get it.
41. If the SVMC meeting has not been conducted ask
(a) To inspect the concerned file [RTI 2005 S2(j)(i)] and note the reason why not [RTI 2005 S2(j)(ii)].
(b) For the action taken report (ATR) on your reminder sent on 1 November or 1 May.
7 Annual report
42. Ask for the annual report forwarded by the state government to the Government of India about the
measures taken for implementing provisions of the Act and various schemes/plans framed by it during
the previous calendar year. This report is to be sent every year before the 31st March [18]. You can ask
for this report under RTI anytime after 1 April for the previous year. (For instance on 1 April 2010 you
can ask for the annual report for any year from 1995 to 2009. On 1 April 2012 you can ask for any
report from 1995 till 2011).
43. The Government of India tables in each House of Parliament a report on the measures taken by itself
and by the state governments [S21 (4)]. Ask for this report and see if the sections covering your state
match that of the state report and your experience.
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