While looking into a particular complaint alleging atrocity perpetrated on three dalits in Rajasthan, it came to the notice of the Commission that the scale of relief prescribed in the SC/ST (Prevention of Atrocities) Act, 1989 was not being implemented in Rajasthan and that relief to victims was in accordance with the scale of relief prescribed by Resolutions of the State Government of Rajasthan as modified from time to time.
The Commission took up the matter with the State Government of Rajasthan drawing attention to Section 20 & 21 of the SC/ST (Prevention of Atrocities) Act, 1989, which effectively states the over-riding effect of the SC/ST (Prevention of Atrocities) Act, 1989 and the duty of the Government to ensure implementation of the Act. The Commission observed that it is obligatory on the State Government, not withstanding what scales it prescribed prior to coming into force of the SC/ST (POA) Act and the Rules 1995 framed there-under, to follow and implement the provisions of the Act. The relief to be granted to persons entitled to the same under the SC/ST (POA) Act has to be in accordance with the Rules, it said. The Commission asked the Chief Secretary, Rajasthan to clarify why the Central Act and Rules framed there under are not being implemented in the State of Rajasthan in general and in the particular case referred to by the Commission.
In reply, the Chief Secretary, Government of Rajasthan in a letter dated 19.5.2004 stated that the State Government has decided to implement the SC/ST (Prevention of Atrocities) Rules 1995 issued by the Government of India in totality, as these rules were found obligatory on the State Governments. The Chief Secretary also stated that in view of this decision, the provisions of the Central Act [SC/ST (Prevention of Atrocities) Act, 1989 and SC/ST (Prevention of Atrocities) Rules 1995] have been implemented in Rajasthan.