Rajasthan HC takes serious view of absence of contingency plan for SC, ST victims of caste-based violence

The Rajasthan High Court has taken a serious view of the State government’s failure to implement a contingency plan

The Rajasthan High Court has taken a serious view of the State government’s failure to implement a contingency plan under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, prepared by a Drafting Committee in 2017. The plan has neither seen the light of the day, nor has its notification been scheduled anytime soon.

A non-government organisation, Dalit Manavadhikar Kendra Samiti (DMKS), had also submitted a draft contingency plan to the State government in 2017 with the provisions for relief and rehabilitation, additional financial assistance to the victims of caste-based violence, protection of witnesses and monitoring mechanism for helping out the victims.

Hearing a public interest writ petition moved by the DMKS, a Division Bench of the High Court observed in its order passed last week that the very purpose of framing the contingency plan for SC and ST communities would be frustrated if it was delayed in finalisation and implementation.

As many as 15 States prone to caste-based violence have formulated comprehensive contingency plans and implemented them for providing succour to the members of the SC and ST communities targeted through violence, threats and intimidation. These States include Bihar, Telangana, Andhra Pradesh, Karnataka and Odisha.

The Bench comprising acting Chief Justice M.M. Shrivastava and Justice Praveer Bhatnagar directed personal appearance of the Secretary, Social Justice and Empowerment Department, on January 10 to clarify the State government’s stand in the matter. “The officer concerned shall be obliged to make a clear statement with regard to preparation, finalisation, notification and implementation of the contingency plan,” the order stated.

Additional Advocate General Rajesh Maharshi informed the court during the hearing that the Drafting Committee had prepared a model contingency plan in 2017. The State government at present provides relief to the victims of atrocities under Rule 12(4) of the 1995 Rules laying down that the persons belonging to SC/ST and their family members and dependents will get the relief in cash or kind within seven days of registration of the first information report (FIR).

DMKS Director Satish Kumar, who argued the public interest litigation plea in the court, said the contingency plan to be implemented under Rule 15 of the 1995 Rules should ideally specify the role and responsibility of various departments and their officers and contain a package of relief measures. The package should include mandatory compensation to the victims, rehabilitation, government employment and strengthening their socio-economic conditions.