Indian Express: Mumbai: Thursday,
September 29, 2016.
The
Maharashtra social welfare department has written to the state government
seeking 10 special courts and appointment of special public prosecutors for
cases registered under the SC/ST Prevention of Atrocities Act in the backdrop
of ongoing protests by the Maratha community and its demand for amendments to
the Act.
The
conviction rate under the Prevention of Atrocities (POA) and Protection of
Civil Rights (PCR) Acts recorded by the state police has been only 1 per cent.
The latest move by the department comes after officials studied the Act, which
was recently amended. The amendment law makes provisions for appointment of
special public prosecutors and setting up of special courts that will try cases
registered under the Act.
“Instead of
the public prosecutor being roped during the trial stage, we have requested the
state government that the state lawyer should be engaged right at the early
stages of the investigations so that the charge sheet prepared by the
investigators is watertight and clinching evidence is gathered so as to ensure
that the case get conviction,” a senior official from the state home department
told The Indian Express.
“Also, with
special courts being set up at district levels it will ensures that the cases
are fast-tracked and disposed off quickly. Currently, with only a few courts
hearing cases registered under these special Acts, the trials are delayed and
stretched,” said another official.
Other than
the demand for courts and lawyers, a requisition for protection of the
witnesses has been made too. “A typical case under POA is that of the accused
who mostly hails from the higher caste abusing the victim of being a member of
the SC or ST. This amounts to an offence under the Act. Such cases require the
testimony of the witnesses who would have seen the accused hurling abuses and
invoking the victim caste. Therefore, protection of such witnesses is necessary
so that the witness is not compromised and stand the test of the court. We have
therefore asked the State Government to ensure protection of the witness,” said
the official.
According to
data obtained by The Indian Express under the Right To Information (RTI) Act,
Maharashtra has seen a rise in complaints filed under POA and PCR from 1,700 to
1,800 in the year 2010 to 2,100-2,300. Complaints being registered in the last
few years, however, amount to 1 per cent of the total complaints registered in
the state. Uttar Pradesh, Madhya Pradesh and Rajasthan have more FIRs
registered under the two Acts.
The data also
reveals a pattern in these complaints. While certain pockets of Maharashtra
have always witnessed a high number of complaints being registered under the
two Acts, the maximum complaints this year have been registered in Ahmednagar
and Marathwada’s Parbhani district.
According to
the data, between 2013 and 2015, the maximum complaints were registered in
Vidharbha’s Yavatmal district. In 2013, 153 complaints under the two Acts were
registered in the district, while 147 and 137 complaints, respectively, were
registered in Yavatmal in 2014 and 2015. Ahmednagar is next with 111 cases
registered in 2013, 115 in 2014 and 116 in 2015.
However, this
year, according to the figures available with The Indian Express, Ahmednagar
has the maximum complaints registered under the two Acts till July 2016. While
82 complaints were registered in Ahmednagar, Parbhani area saw the second most
number of complaints with 73 FIRs registered till July. Yavatmal has the third
largest complaints with 72 FIRs registered till July this year.
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