V. Sakthivel v. The Secretary Adi Dravidar Welfare Department Government of Tamil Nadu Fort St. George Chennai
2006-12-05
D.MURUGESAN, P.MURGESEN
body2006
DigiLaw.ai
Judgment :- D. Murugesan, J. This writ appeal is directed against the dismissal of the writ petition filed by the appellant. The appellants unmarried sister was employed in Sakthi Murugan Rolling Mills in Palayamkottai. She belongs to Scheduled Caste. She committed suicide on 20.8.2004. At the time when she committed suicide, she left a suicide note. On the allegation that the sister of the appellant committed suicide due to the harassment by some of the workers of the mill, a case was registered in Sempatti Police Station in Cr.No.441 of 2004 under Section 306 of IPC read with Sections 3(2)(v) and 3(2)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. On the completion of investigation, a final report was also filed before the Judicial Magistrate. In the complaint, it is stated that the appellant, his parents and sister are residing in the mill premises. Due to certain problems among the residents, the neighbours used to insult the father of the appellant. Initially the father of the appellant was accused of theft of some cement bags and a complaint was given to Sempatti Police Station. At the guise of investigation, the entire family members of the appellant were insulted and they were also threatened to vacate the premises within half-an-hour and in the event of their failure, they will have to face the consequences. The appellants family members were also insulted by calling their caste. The deceased, the sister of the appellant, committed suicide, as she could not withstand the harassment meted out by the neighbours and others. To this extent, she also left a suicide note. 2. On 11.10.2005, the appellant preferred a representation to the District Collector, Dindigul District requesting him to grant relief amount under Rules 12(4), 17 and 20(B) of the Annexure-I to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. However, the said representation was not considered. Hence the appellant approached this Court by way of writ petition seeking for a direction to the District Collector to consider and pass orders on the representation for grant of relief. The said writ petition came to be dismissed. Hence the present writ appeal. 3. We have heard Mr.T.Lajapathi Roy, the learned counsel appearing for the appellant and Mr.R.Janakiramulu, the learned Special Government Pleader appearing for the respondents. 4.
The said writ petition came to be dismissed. Hence the present writ appeal. 3. We have heard Mr.T.Lajapathi Roy, the learned counsel appearing for the appellant and Mr.R.Janakiramulu, the learned Special Government Pleader appearing for the respondents. 4. The learned single Judge rejected the claim of the appellant for the grant of relief on the ground that inasmuch as the FIR has been registered, the guilt of the accused should be proved in a Court of law by adducing evidence and any direction for the grant of relief would presuppose such occurrence and thereby influence the mind of the District Collector to grant the relief amount. The learned Judge also held that if such a direction is granted, it would only pave the way for such number of petitions being filed into the Court seeking directions to consider the representation. 5. Article 46 of the Constitution, in Part IV relating to the Directive Principles of State Policy, contemplates "the State shall promote with special care the educational and economic interest of the weaker sections of the people and in particular of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation". The protection of the members belonging to the Scheduled Castes and the Scheduled Tribes is an obligation of the State under the said Article. 6. For consideration of the relief sought for in the appeal, the statement of objects and reasons stated in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Act") are relevant. The Act was enacted to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto. Clause (a) of sub-section (1) of Section 2 defines "atrocity" as meaning, an offence punishable under Section 3. Clause (x) of sub-section (1) of Section 3 contemplates that whoever, not being a member of the Scheduled Castes or the Scheduled Tribes, intentionally insults or intimidates with intent to humiliate a member of the Scheduled Castes or the Scheduled Tribes in any place within public view.
Clause (x) of sub-section (1) of Section 3 contemplates that whoever, not being a member of the Scheduled Castes or the Scheduled Tribes, intentionally insults or intimidates with intent to humiliate a member of the Scheduled Castes or the Scheduled Tribes in any place within public view. By that section, whoever intentionally intimidates in order to humiliate a member of the Scheduled Castes or the Scheduled Tribes is punishable with imprisonment. Section 21 of the Act contemplates that the State shall take such measures as may be necessary for the effective implementation of the Act and in particular, and without prejudice to the generality of the provisions contained therein, the State shall take such measures and may include the provision for adequate facilities, including legal aid, to the persons subjected to atrocities to enable them to avail themselves of justice. By that section, the provisions of adequate facilities shall mean adequate compensation to a member of the Scheduled Castes or the Scheduled Tribes who had suffered insult and intimidation in public view in terms of clause (x) of sub-section (1) of Section 3. In exercise of the powers under Section 23, the Central Government is empowered to make rules for carrying out the purposes of the Act. 7. In terms of the power conferred under Section 23, the Central Government had enacted the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. For the purpose of disposal of the writ appeal, sub-rules (4) and (5) of Rule 12 are relevant and the same read as under:- "(4) The District Magistrate or the Sub-Divisional magistrate or any other Executive Magistrate shall make arrangements for providing immediate relief in cash or in kind or both to the victims of atrocity, their family members and dependents according to the scale as in the Schedule annexed to these rules (Annexure I read with Annexure II). Such immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items necessary for human beings.
Such immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items necessary for human beings. (5) The relief provided to the victim of the atrocity or his/her dependent under sub-rule (4) in respect of death, or injury to, or damage to property shall be in addition to any other right to claim compensation in respect there of under any other law for the time being in force." The said sub-rule (4) empowers the District Magistrate or the Sub-Divisional magistrate or any other Executive Magistrate to make arrangements for providing immediate relief in cash or in kind or both to the victims of atrocity, their family members and dependants according to the scale as in the Schedule annexed to the rules. The immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items necessary for human beings. Sub-rule (5) enables the District Magistrate or the Sub-Divisional magistrate or any other Executive Magistrate to provide the victim of the atrocity or his/her dependent in respect of death or injury or damage to property and such relief shall be in addition to any other right to claim compensation in respect there of under any other law for the time being in force. 8. In the wake of the above provisions of the Act and the Rules, whenever a member of the Scheduled Castes or the Scheduled Tribes is a victim of the atrocity, not only such victim, but also his/her family members and dependants are entitled to the relief irrespective of the pendency of the criminal case against those who were responsible for such atrocities on the Scheduled Castes or the Scheduled Tribes. Rule 14 contemplates that the State Government shall make necessary provisions in its annual budget for providing relief and rehabilitation facilities to the victims of atrocity. Rule 15 contemplates that the State Government shall prepare a model contingency plan for implementing the provisions of the Act and notify the same in the Official Gazette of the State Government. The scheme inter-alia should contain a package of relief measures including the scheme to provide immediate relief in cash or kind or both. Column 2 of Schedule to Annexure I specifies an immediate amount of relief in respect of injury, insult or annoyance.
The scheme inter-alia should contain a package of relief measures including the scheme to provide immediate relief in cash or kind or both. Column 2 of Schedule to Annexure I specifies an immediate amount of relief in respect of injury, insult or annoyance. Column 10 relates to the award of compensation for insult, intimidation and humiliation which are considered to be an offence under Section 3(1)(x) of the Act. Column 20 relates to the compensation for murder or death. 9. While the above provisions are to be interpreted, it should be interpreted keeping in mind the object for which the Act was enacted and the policy of the Government to protect the Scheduled Castes and the Scheduled Tribes from social injustice. The object appears to be in consonance with the right to live with self-respect and dignity, which is considered to be a fundamental right of all citizens and it is more so in case of the Scheduled Castes and the Scheduled Tribes. The said right is also enshrined under Article 46 as part of the social and economic justice envisaged in the preamble of the Constitution. The State is also enjoined to promote the welfare effectuated under Article 38 of the Constitution. Viewed from that angle, in our considered opinion, the provision of immediate relief cannot be subject to the proof of the offence in a Court of law and the object appears to be that such immediate relief could not only retrieve the family members from the current disablement, but also effectively helps to prosecute their case for adequate compensation before the appropriate forum. 10. In that view of the matter, the finding of the learned Judge that the grant of relief as an interim measure would presuppose the commission of offence does not reflect the correct legal position, as such interpretation would defeat the very purpose of the measures taken by the Government to rehabilitate the members of the Scheduled Castes or the Scheduled Tribes who are the victims of atrocities. Hence we are in entire agreement with the appellant and the claim of the appellant should be considered by the District Collector in terms of the provisions of the Act and the Rules, which we have referred to in this order, for the grant of interim relief.
Hence we are in entire agreement with the appellant and the claim of the appellant should be considered by the District Collector in terms of the provisions of the Act and the Rules, which we have referred to in this order, for the grant of interim relief. Accordingly, the writ appeal is allowed and the District Collector, Dindigul District is directed to consider the representation of the appellant dated 11.10.2005 and pass appropriate orders on its own merits within a period of six weeks from the date of receipt of a copy of this order. No costs.