The passage of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015 in the Rajya Sabha unanimously on 21 December was an event that Dalits across the country were aspiring for.
The bill was one of the legacies of the previous UPA government, as the ordinance promulgated by it on 4 March 2014 had lapsed, without the successor Government replacing it with a legislation.
Many Dalits found the principal Act, enacted in 1989, largely ineffective in checking atrocities against them.
The bill therefore promised that the state government shall, with the concurrence of the chief justice of a high court, by notification in the Official Gazette establish an exclusive special court for one or more districts, to try such atrocities and to ensure rehabilitation of victims.
The Bill also requires the State Governments to establish adequate number of courts to ensure that cases under the Act are disposed of within a period of two months as far as possible.
The bill, introduced by the Minister for Social Justice and Empowerment, Thaawar Chand Gehlot on 16 July 2014, was passed by the Lok Sabha on 4 August 2015.
The bill amends certain existing categories of offences and adds new categories of offences. New offences added under the bill include garlanding with footwear, compelling to dispose or carry human or animal carcasses, or do manual scavenging, abusing SCs and STs by caste name in public, attempting to promote feelings of ill-will against SCs or STs or disrespecting any deceased person held in high esteem, and imposing or threatening a social or economic boycott.
Preventing SCs or STs from using common property resources, entering any place of worship that is open to the public and entering an education or health institution is also an offence under the Bill.
A public servant has a duty to register a complaint or FIR about violation of the Act, and to read out information given orally about the offence. Failing to do so will land the non-SC/ST official in jail for a term of six months to one year.
The bill has a separate chapter on the rights of victims and witnesses to protection.
The non-passage of the bill in both the Houses, despite all parties’ consensus, more than a year after its introduction, had led to an active campaign by Dalit activists among Parliamentarians and the Government, and this proved to be effective at last.
The absence of debate on the bill shows that most MPs, bound by party discipline, found it to be politically correct not to express any reservations on the bill, which only seeks the upliftment and empowerment of SC / STs, who continue to face discrimination across the country.
Juvenile Justice
The same degree of consensus, however, does not mark the likely passage of the Juvenile Justice (Care and Protection of Children) Bill, 2015, on which civil society has expressed serious reservations.
The bill permits juveniles between the ages of 16-18 years to be tried as adults for heinous offences.
This has created a huge controversy in civil society.
The debate in the Rajya Sabha on the bill, therefore, will be followed with interest.
Apart from the above Bill, the Rajya Sabha is likely to consider The Commercial Courts, Commercial Division, and Commercial Appellate Division of High Courts Bill, 2015, for adjudicating commercial disputes of specified value.
The Arbitration and Conciliation (Amendment) Bill, 2015, the Whistle Blowers Protection (Amendment) Bill, 2015, the Atomic Energy (Amendment) Bill, 2015 and the Real Estate (Regulation and Development) Bill, 2015 and the Sugar Cess (Amendment) Bill, 2015 are the other Bills which will be taken up by Rajya Sabha. All these Bills, except the Real Estate (Regulation and Development) Bill, have been passed by the Lok Sabha.
According to reports, the [http://economictimes.indiatimes.com/news/economy/policy/no-go-for-gst-but-congress-agrees-not-to-disrupt-rajya-sabha-and-cooperate-on-six-key-bills/articleshow/50239800.cms Congress party has said that it would not contest six bills, namely: the Appropriations Bill, 2015; The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015; Anti-Hijacking Bill, 2014; Atomic Energy (Amendment) Bill; Arbitration and Conciliation (Amendment) Bill; and The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015.
The House passed the Juvenile Justice (Care and Protection of Children) Bill after a fascinating debate in which members expressed their views freely and frankly. The CPI(M) member, Sitaram Yechury, sought the reference of the Bill to a Select Committee, as the debate, he said was guided by sentiments.
This was contested by the Trinamul Congress MP, Derek O Brien, who said the members did consider facts during the debate. Yechury then sought the sense of the House to refer the Bill to select Committee. When the Deputy Chairman pleaded helplessness as there was no motion before him to that effect, Yechury announced that his party was walking out.
Yechury objected to the Bill’s provision which reduced the age of the juvenile from 18 to 16, asking whether the House would further reduce the age, if another juvenile, aged 14, indulges in a heinous crime.
The House then took up clause-by-clause amendments proposed to the Bill, and negatived almost all proposed amendments.
The Bill then was passed by voice vote.
When the Government sought the passage of the other remaining Bills without discussion, the Opposition protested, and sought a discussion. The Deputy Chairman then adjourned the House to 11 AM today (23 December).