Chennai, August 9th, 2012

More than 1000 complaints involving issues of diverse nature were received by the Commission. Three hundred seventeen (317) cases were found fit for inquiry and taken up for hearing at Chennai on 7 and 8 August, 2012. Notices of these cases had been issued in advance to the State Government and response was invited. One hundred sixty eight (168) cases were taken up in Bench No. 1 presided over by Justice B.C. Patel, and one hundred forty nine (149) cases were taken up in Bench No. 2 presided over by Shri Satyabrata Pal. One hundred and eleven (111) cases were disposed of by Bench no. 1 and forty eight (48) cases were disposed of by Bench No. 2. Thus, a total number of one hundred fifty nine (159) cases were disposed of.

The response of the State Government in cases taken up on 7 August, 2012, was not very satisfactory and in the absence of response, many cases could not be disposed of. The complainants had come from distant places. Therefore, in some cases the State was asked to reimburse the expenses incurred on journey. On 8 August, 2012, the response showed a marked improvement and replies from the State Government were received in almost all the cases.

Many complaints related to non issue of caste certificates. In some cases, the State Government issued caste certificates on receiving notice from the Commission and in the other cases it was observed that there was inordinate delay on the part of revenue officials in conducting the inquiry. The Commission emphasized that the inquiry should be expeditiously concluded and caste certificates to the deserving candidates should be speedily issued.

The grievance of some complainants was that either they had not been issued Patta or even after issue of Patta the possession of land had not been given to them. The State Governmetn issued patta in some cases after receiving notice from the Commission and in the remaining cases the State Government was asked to take appropriate legal/criminal action and ensure delivery of possession to the patta holders.

In some cases it was alleged that on retirement of the employees the retiral benefits have not been given. In some cases the retiral benefits were given by the State government on receiving notices from the Commission and in the remaining cases the Commission directed the State Government to pay the retiral benefits within a fixed time.

Many complaints of land grabbing were made. The Commission directed the concerned authorities to take appropriate action under the SC/ST (POA) Act expeditiously. In one case, it was found that the grave yard of the Scheduled Castes had been encroached upon by upper caste people and the State had not taken appropriate action. The Commission recommended prosecution of encroachers under Section 3(1)(v) of SC/ST Act but also recommended prosecution of the negligent government officer under Section 4 of the Act.
In many cases it was found that the police had filed chargesheet after investigation of cases of atrocity on SCs but the financial assistance prescribed by SC/ST (POA) Rules had not been given.

The Commission directed the State Government to disburse the financial assistance within a prescribed time.

In many cases it was observed that the offence against SCs had been diluted in the FIRs and appropriate provision of SC/ST Act was not invoked. The Commission directed the police authorities to take action against under the appropriate provisions of SC/ST Act which was required to be taken on the basis of allegations made by the victim.

In one case rehabilitation of 45 families which were displaced was recommended.

One case related to career promotion of secondary teachers. These teachers were stagnating from long time and were not promoted. The Commission observed inherent contradiction between the conditions of service and the rules governing the service. Therefore, the Commission recommended to the State Government to determine seniority at State level and not at block level so that the teachers do not stagnate. During our interaction with the State Government, the government assured that the recommendation will be seriously looked into.

Many complainants approached the Commission with the grievance that education loan had not been given to them. In some cases the education loan was disbursed on receipt of notice from the Commission and in other cases an assurance was given to disburse the loan within a specific period.

The Commission was informed that according to the policy of the State Government no patta can be issued within 32 kms. of Chennai. Some families which were occupying government lands within 32 kms. were not eligible for issue of patta. The Commission, however, persuaded the State Government to undertake that such families would be not be evicted even though they did not have the patta.
A temple of Adi Dravidas was to be removed for setting up a vetenerary hospital. The Commission recommended and the State undertook that alternative land will be given to the Adi Dravidas for construction of the temple.

There was a complaint for a minor girl even though she did not belong to the SC community. This complaint was taken up as a special case. The girl was deaf and dumb and subjected to gang rape. The Commission recommended that adequate financial assistance should be given to her family from the Chief Minister's Relief Fund.

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