India
Union Reports
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 Section 21(4) states that The Central Government shall, every year, place on the table of each House of Parliament a report on the measures taken by itself and by the State Governments in pursuance of the provisions of this section.
The reports of the union government have brief details on the functioning of the union level mechanisms, data from the National Crime Records Bureau, and summaries of the reports received from the states vide Rule 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules 1995.
Prevention of Atrocities against the Scheduled Castes:
The National Human Rights Commission (NHRC), commissioned K B Saxena to study the violence against the Scheduled Castes in 2004. It identified many important areas such as social and economic boycotts, causing hurt, destruction of property, defining the Scheduled Castes to include those who profess a religion other than Hinduism, Sikhism, Buddhism, and the need for better monitoring mechanisms as areas of concern.
Periodic reviews: Conducted by the union Ministry of Social Justice and Empowerment on the implementation of the Act in the various states. This is the presentation at the February 2019 conference of secretaries.
Report of the Committee on Untouchability, Economic and Educational Development of the Scheduled Castes and Connected Documents 1969: The Committee on Untouchability, Economic and Educational Development of Scheduled Castes was set up in 1965 with L. Elayaperumal as the chairperson. The committee examined the functioning of the Untouchability (Offences) Act, 1955 in depth and made several recommendations to strengthen it in 1969. Subsequently, the Untouchability (Offences) Act, 1955 was comprehensively amended after 21 years and on 19 November 1976 (the then prime minister’s birthday) renamed as the Protection of Civil Rights Act, 1955 (PCRA).e
Citizens' Reports
The Citizens’ audit of the union report u/s21(4): This 2023 Citizens’ Audit is a performance audit of the law. The Report is based entirely on government sources. It covers all aspects of the working of the law. The overall picture is that the law is not being implemented either in letter or in spirit. State–level vigilance and monitoring committees rarely meet and the national average in this regard is barely 12%. The audit highlights deficiencies in investigation and trial in terms of procedures and in terms of substantive relief that victims and witnesses are entitled to under the law. Rehabilitative measures including monetary steps are rarely taken. The problem is compounded by the fact that cases of atrocities remain pending for more than 20 years. The importance of the audit lies not only in bringing out the deficiencies in the implementation of the law but more importantly, making practical recommendations and suggestions.
The Elusive Search for Justice: This 2020 compendium covers 30 years of Indian and global experience, and includes analysis and studies on the implementation of the Act. This volume collects the experiences of those trying to engage with descent and work-based discrimination from the local to global levels, those from the stigmatised communities to the international solidarity community. Each of these experiences tries to pinpoint reasons for the failure to enforce statutory provisions, despite several ideological advances. They offer a candid view of the multiple gauntlets that the human rights defenders face – especially if they are from the communities themselves.
People’s Report on Implementation of SCs & STs (POA) Act, 1989 and Rules 1995: This 2012 report supplements the periodic reports of the union (S21(4)) and state (Rule 18) governments. It provides reliable and independent information which is often overlooked in official government reports. It looks critically into such questions as: Are there any gaps in the official government report? Are there misrepresentations of data, events and incidents? Are the assumptions, analysis and emphasis of the government report correct? In addition, the Report emphasises the prevalence and magnitude of the critical issues under the Act and Rules, which the government might have downplayed or failed to highlight.
20 Years Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 Report Card:
This 2010 report card brings to fore the need for comprehensive implementation of the different provisions in the Act. It presents the essential elements across the board for effective implementation – performance of different implementing mechanisms (the police and judiciary), building of a protective environment through the additional mandates, mechanisms to discourage crimes and build confidence in vulnerable sections, urgent relief measures to support the victims and families in their fight for justice. The work collates the many gaps in the implementation of the Act on the ground and provides a valuable set of recommendations to move forward.