Orissa Govt. implements scale of relief as per SC/ST Act



Orissa State Government, which so far had not been implementing the scale of relief payable to the SC/ST victims as prescribed in the SC&ST (Prevention of Atrocities) Act, 1989 and Rules 1995 is now doing so after the Commission's intervention.
The discrepancy came to light when the Commission took suo-motu cognizance of a media report, which appeared in a national daily on 3 April 2001. The news article alleged that a low caste man was beaten up and fined Rs.4,000/- for entering the 'Kirtanya Mandap' organized by the upper caste at Ganda Turum village in Bhaden block, Orissa.
On receiving the notice issued by NHRC, the DGP of Orissa informed the Commission that charge sheets had been filed against the accused and the matter was pending trial in court. Since there was no mention of payment of compensation to the victim as required under the provisions of SC&ST (Prevention of Atrocities) Act, 1989 and Rules 1995, the Commission sought a clarification. The State Government of Orissa in a letter dated 22 July 2003 stated that the scale of relief prescribed in the SC/ST (PA) Rules 1995 had not been implemented in the State so far and hence relief amounting to Rs.1,000/- had been sanctioned to the victim in accordance with the scale of relief prescribed by the State Government in its resolution No.29332 dated 29 November 1985.
Considering the reply, the Commission then directed the Chief Secretary, Orissa to clarify why the provisions of SC & ST (Prevention of Atrocities) Act, 1989 and Rules 1995 were not being implemented in the State in general and in this particular case.
Heeding to the Commission's directive, the State Government on 27 February 2004 informed the Commission that it has now implemented the scale of relief payable to the victims of atrocities belonging to SC & ST as prescribed in the schedule of SC & ST (Prevention of Atrocities) Act, 1989 and Rules 1995.
Hence the victim has now been given a further sum of Rs.5,250/- in addition to Rs.1,000/- which was released earlier. With this the relief given now conforms to that mandated under SC & ST (Prevention of Atrocities) Act, 1989 which is 25% of Rs.25,000/- that is to be given to the victim upon filing of charge sheet against the accused. Balance amount will be paid as per the Act when the accused is convicted.