Disposed

Dalit Manvadhikar Kendra Samiti v. State of Raj and Ors.

Rajasthan HC21 Feb 2024CW/15020/2016

Case brief

AI extract

What is this about?

This bench disposed of a writ petition seeking directions to the State Government to frame a comprehensive Contingency Plan for SC/ST victims under the Prevention of Atrocities Act, 1989. The court held that a scheme had already been notified, thereby granting the relief and concluding the matter.

What did the court decide?

The writ petition was disposed of as the respondent State had already notified a scheme for victim rehabilitation in pursuance of the Act.

Dalit Manvadhikar Kendra Samiti Vs State… — Pension and Retirement Benefits | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 15020/2016

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Dalit Manavadhikar Kendra Samiti Through President Sh. P.l. Mimroth, Advocate S/o Late Sh.khairatil, 73, Roop Nagar Ii, Mahesh Nagar, Jaipur

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----Petitioner

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Versus

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State Of Rajasthan Through Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur

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Principal Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur

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Principal Secretary, Department Of Finance Government Of Rajasthan, Secretariat, Jaipur

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Principal Secretary, Department Of Social Justice And Empowerment, Government Of Rajasthan, Secretariat, Jaipur

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Principal Secretary, Department Of Tribal Area Development Department, Government Of Rajasthan, Secretariat, Jaipur

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Director, Department Of Social Justice And Empowerment, Govt. Of Rajasthan, G-3/1, Ambedkarbhawan, Behind Raj Mahal Residency, Jaipur

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----Respondents

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For Petitioner(s) : Mr. Sudhindra Kumawat Mr. Satish Kumar For Respondent(s) : Mr. Rajendra Prasad, Sr. Adv.-A.G. assisted by Mr. Darsh Pareek and Mr. Sheetanshu Sharma Mr. Kuldeep Ranka, ACS SJED through video conferencing

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

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The petitioner has filed this writ petition inter alia praying for the following reliefs:

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Pass an order as per the Rule 15 read with Section 15-A & 21and Rule 6, 11 & 12 of the SC/ST (PoA) Act, 1989 (As amended, 2016) and Rules 1995 (As amended 2016) of the Act and directing the Respondents to frame a comprehensive Contingency Plan for Rajasthan State to ensure & hold the state accountable for providing overall relief & rehabilitation to the victim/s, witnesses and dependents forthwith in accordance with the Act and Rules within six months wherein includes:-

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i. The Contingency Plan should be of best quality comparable to any International standard and parameters in all dimensions- medical services, monetary compensation, quality high levels in education, residential schools, strengthening socio-economic condition to have overall relief and rehabilitation for the victim/s, witnesses and dependents.

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ii. to revise and increase the applicable Daily allowance sufficient to maintain right to Living standard, in realistic current market price for living standards as per rate of inflation and Consumer Value Index.

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iii. Identification of surplus land, Shivaychak Land, BhoodanLand, waste land, outright purchased and create a Land Bank for victim/s of SC/ST for strengthening economic condition of the victim/s and achieve the object and reasons of this Act as well as goals of the Constitution.

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iv. Provide additional relief as per Rule 12 (4) (46) to the victims of murder, death, massacre, rape, gang rape, permanent incapacitation and dacoity by providing Basic Pension to the widow or other dependents of deceased persons amounting to five thousand rupees per month, as applicable to a Government servant of the concerned State Government or with admissible dearness allowance and employment to one member of the family of the deceased, and provision of agricultural land, an house, if necessary by outright purchase; full cost of the education up to graduation level and maintenance of the children of the victims. Children may be admitted to Ashram schools or

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residential schools, fully funded by the Government; to the dependent/s or victim/s of above said offences as per Rule 12(4)(46) of this Act.

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v. Provide adequately police protection to the victim/s, and their dependents and witnesses by establishing temporary or permanent police post in insensitive and atrocity prone areas whenever they seek or desire.

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vi. Interim prayer is the part and partial of the main prayer of the petition; vii. To appoint Full-time Nodal Officer of the level of Secretary who will closely supervise and ensure proper implementation of the Contingency Play on regular basis and ensure as per Rule 9; the State Level Nodal Officer for co-ordinating the functioning of the District Magistrates and Superintendent of Police or other officers authorised by them like investigating officers and other officers who are responsible for implementing the provisions of the Act. By the end of the every quarter, the Nodal Officer shall review the providing overall relief and rehabilitation.

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viii. To appoint a Special Officer in all 33 districts as per Rule 10 to ensure and hold the state accountable for providing overall relief and rehabilitation to the victim/s, witnesses and dependents.

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ix. To develop effective institutional mechanism for periodical monitoring, supervision review.

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Direct the respondents to incorporate or adopt the Model Contingency Plan which is proposed by the petitioner in Para No.22 of this petition in detail, that the essential elements of the Contingency Plan are to cover holistic rehabilitation, time bound and high quality of services by incorporating several components are as follows :-

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1. Mission Statement of Contingency Plan;

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1. Contingency Programe Planning: Planning process should be short term, long term and annually;

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1. Developing Policies and Procedure;

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1. Victim/s and Witnesses Analysis individual or

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family or community basis;

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Scheme for strengthening the socio-economic condition of the victim;

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Provide core services to victim/s and witnesses of atrocity that include: Employment, Pension, Education to the Kins, commodity material for a period of three months, Bricks or stone masonry house; The Government shall have the duty to specify an appropriate scheme to ensure implementation of rights and entitlements of victims and witnesses in accessing rights as per the Section 15-A of the Act.

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Establishing a Victim Services Advisory Committee;

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Victim Impact Statements: Various types of Victim Impact statement have to recorded;

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Constant Extensive Training Programmes for sensitizing and knowledge enriching;

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1. Public Awareness;

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1. Restitution procedure;

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1. High quality of Information Technology for Corrections-Based victims services;

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1. Develop Web-Portal;

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1. Educating offenders/accused about the impact of atrocity on victims or witnesses;

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Pass an order to develop Web-Portal for providing all information's related to the Contingency Plan which should be uploaded on the Web-Portal of Department of Social Justice and Empowerment on day-to-day basis.

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Pass an order and directing the respondents to provide additional relief to the dependents of 1434 murder/massacre, case and, 4510 victim/s of rape/gang rape/and permanent incapacitation and dacoity cases ( Annexure-8 ) with retrospective effect since the enactment of the Act, 1989 and provide additional relief without undue delay i.e. Basic Pension to the widow or other dependents of deceased persons amounting to five thousand rupees per month, as applicable to a Government servant of the concerned State Government or with admissible dearness allowance and employment to one member of the family of the deceased, and provision of agricultural land, an house if necessary by outright purchase; Full cost of the education up to graduation level and maintenance of the children of the victims. Children may be admitted to Ashram schools or residential schools fully funded by the Government; to the dependent/s or victim/s of above said offences.

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Pass an retrospective order and direct to the respondents to relocate and rehabilitate of migrated victim/s and their dependents ( Annexure-6 ) with dignity along with all relief at their native place and conduct a micro level survey of migrated victim/s and their dependents and rehabilitate them.

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Pass an retrospective order and direct to the respondents to provide addition relief under Rule 12(4) (21) rehabilitate of all victims and their dependents ( Annexure-8 ) with dignity along with all relief at their native place or alternate place.

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Pass an order and direct the respondents to ensure the periodic review for ensuring the each victim/s, dependent/s and witnesses to access and get benefitted without undue delay of this Contingency Plan as per Rule 16, 17 and 17-A by the statutory bodies High Power State Vigilance & Monitoring Committee (SVMC) District Vigilance & Monitoring Committee (DVMC) and SubDivision Level Vigilance & Monitoring Committee (SDBMC) half yearly, quarterly-quarterly respectively.

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To direct the respondents to ensure effective monitoring and supervision of the Contingency Plan should jointly by the State Human Rights Commission, State Commission for Scheduled Caste, Regional Director of National Scheduled Tribe Commission along with Nongovernment Organisations who are having rich, vast and long experience on SC/ST Act.

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Pass an order and direct to the respondents to publicize the plan in all Legal Services Authorities across the State. 10. Pass an order and direct to the respondents to send the copies of this Contingency Plan to all Headquarters of Gram Panchayat Level across the State. 11. Pass any other direction(s) or order(s), or writ(s) which this Hon'ble Court may deem just and proper, may be passed in favour of the petitioner.”

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The petition was filed in the year 2016 seeking a direction to the authorities to frame a Contingency Plan under Rule 15-A & 21 and Rule 6, 11 & 12 of the SC/ST Act, 1989 (as Amended Act, 2015) Rules 1995 (as Amended Rules, 2016).

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Learned Advocate General has informed that a scheme has been notified on 19.02.2024 and framed in place of the

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Contingency Plan which has been named as a scheme in place of a Contingency Plan.

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It is contended that as far as employment in Government service is concerned, the matter has been sent to Department Of Personnel (DOP), as the same is required to be dealt with under the provision of Article 309 of the Constitution of India.

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We have considered the contentions. The relief claimed for in the writ petition has been granted and a scheme has been formulated by the State and the State has further referred the matter to the Department of Personnel (DOP) with regard to employment of the victims under the Act by the State Government.

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Since, the Government has already notified and has brought a scheme with regard to the victims in pursuance of Rule 15 of the SC/ST Prevention of Atrocities Act, 1989, we deem it proper to dispose of this writ petition. However, the petitioner would be at liberty to approach the Court if need so arises.

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Hence, the present writ petition is disposed of.

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Pending interim application also stands disposed of.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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PAYAL DHAWAN /56

Dalit Manvadhikar Kendra Samiti v. State of Raj and Ors.

Case brief

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Dalit Manvadhikar Kendra Samiti v. State of Raj and Ors.

Case brief

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