Page 1 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

WRIT PETITION (CIVIL) No. 140 of 2006

NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS.

.... Appellant(s)

Versus

UNION OF INDIA & ORS.

….Respondent

J U D G M E N T

L. NAGESWARA RAO, J.

“I do not want to be reborn, but if I am reborn, I

wish that I should be born as a Harijan, as an

untouchable, so that I may lead a continuous

struggle, a lifelong struggle against the oppressions

and indignities that have been heaped upon these

classes of people”. – Mahatama Gandhi

The Petitioners who are voluntary organisations are

continuing the struggle for emancipation of members of

Scheduled Castes and Scheduled Tribes. The Petitioners

have filed this Writ Petition aggrieved by the

non-implementation of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989 (hereinafter

1

Page 2 referred to as ‘the Act’) and the rules made thereunder,

seeking the following reliefs:

A.“Issue a writ of mandamus or any other appropriate

writ, order or direction, directing the Respondents to

set up special officers, nodal officers and protection cell

as required under the Act forthwith.

B.Pass an order directing the nodal officer to investigate

every case where a complaint is made to him regarding

negligence of a police officer, where the FIRs are

illegally no registered or registered improperly, where

charge sheets are filed late, where the investigation is

done by an officer lower in rank than a Dy. SP, and to

take action against the officer concerned for acting

contrary to the provisions of the Act in accordance with

law.

C.Pass an order directing the Respondents to file status

reports on filing charge-sheets in SC/ST (PoA) Act of

1989 cases and duration that have taken in last five

years.

D.Pass an order directing the Respondents to set up

separate Special Courts for each district within six

months

E.Pass an order directing the Respondent to file status

reports on registration of FIR’s against the erring

officials under Section 4 of the Act.

F.Pass an order directing the Respondents to identify

and notify atrocity prone areas and to take appropriate

action in accordance with law immediately.

2

Page 3 G.Pass an order directing the Respondents to file status

reports on the cases they registered against SC/STs

after the SC/ST lodged complaint and status of the

cases.

H.Pass an order directing the judicial officers to carefully

monitor all cases in their jurisdiction to ensure that he

cases are given top priority and speedy justice is done

for the victims of caste atrocities & to make a report

every six months to the High Court.

I.Pass an order directing the District Magistrate to

review the performance of Special Public Prosecutors

every month & report to their respective High Court.

J.Pass an order directing the Respondent to file status

reports of the public prosecutors’ performance

regarding SC/ST cases with a period of six months.

K.Pass an order directing the District Magistrates to

appoint senior Advocate for prosecution if the victim so

desires.

L.Pass an order directing the Respondent to appoint,

wherever possible, public prosecutors from the SC/ST

caste and If possible SC/ST women advocates and

impart periodic training.

M. Pass an order directing all judicial officers to play a

proactive role during the trial to ensure that the

prosecution conducts itself competently and nothing is

done to result in any disservice to the victims.

N.Pass an order directing the Respondents and

particularly the Director of Prosecutions to review all

cases of acquittal by the Special Courts over the last

3

Page 4 five years which have not been carried in appeal, and

to take immediate steps in accordance with law.

O.Pass an order directing all judicial officers to pay

particular attention for cases where the accused have

not been arrested.

P.Pass an order directing all judicial officers to ensure

that no pressure whatsoever is brought to bear on the

victims or their witnesses to force them to withdraw

from prosecution.

Q.Pass an order directing the Respondents to instruct the

special public prosecutors to file for cancellation of bail

where the same is contrary to the purpose and

objective of the Atrocities Act.

R.Pass an order directing the Chief

Secretary/Administrators of the Respondents

State/UT’s to enquire into the performance of the

Superintendents of Police and the Collectors of every

district where atrocities are frequently reported and,

wherever justified, punish such officers for not acting

promptly and in accordance with the law.

S.Pass an order directing the Respondents to frame a

rehabilitation package forthwith in accordance with the

Act and Rules.

T.Pass an order directing the Respondents to set up Dalit

Legal Aid Centers operated by Dalit lawyers and

funded by the State Legal Aid Services Authority.

U.Pass an order directing the State Governments to

implement the SC & SC (PoA) Act of 1989 fully (West

Bengal)

4

Page 5 V.Pass an order directing the Police officers to apply their

minds to all the provisions of Section 3(1)(i) to 3(1)(xv)

while registering FIRs.

W.Pass an order directing the Respondent that on a

complaint being made by the victim of a

social/economic boycott, the Bail of the accused be

cancelled and strict action including criminal

prosecution taken against the officials by the District

Magistrates and the presiding officers. (Compensation

to be paid by the state)

X.Pass an order directing the Respondents to file status

reports on compensation and allowances paid and

remaining to be paid under the provisions of the Act for

the last five years and to make payments of

compensation wherever due forthwith.

Y.Pass an order directing the Respondents to revised and

increase the applicable compensation rates and

realistic and current market prices terms.

Z.Pass an order directing the Respondents to appoint

leading members of reputed organizations active in

there are of Dalit rights on the Monitoring and Vigilance

Committees throughout the State to which at least 50%

should consist of women members throughout the

State.

AA.Pass an order directing the Respondents to implement

the provision relating to imposition of collective fines

wherever applicable under this Act.

BB.Pass an order directing the Respondents for the

implementation of the NHRC Report 2002.

5

Page 6 Pass such other order(s) or direction(s) or writ(s) as

deemed fit and proper;”

2.Mr. Colin Gonsalves, learned Senior Counsel appearing for

the Petitioners submitted that he is, at present, praying for four

directions from this Court which are as follows:

“A. Issue a writ of mandamus or any other

appropriate writ, order or direction, directing the

Respondents to set up special officers, nodal

officers and protection cell as required under the

Act forthwith.

F. Pass an order directing the Respondents to identify

and notify atrocity prone areas and to take

appropriate action in accordance with law

immediately.

S. Pass an order directing the Respondents to frame

a rehabilitation package forthwith in accordance

with the Act and Rules.

X.Pass an order directing the Respondents to file

status reports on compensation and allowances

paid and remaining to be paid under the

provisions of the Act for the last five years and to

make payments of compensation wherever due

forthwith.”

3.The Preamble to the Constitution of India provides for

social, economic and political justice and equality of status and

opportunity to all its citizens. Article 15 of the Constitution

prohibits discrimination on the grounds of religion, race, caste,

6

Page 7 sex or place of birth. Untouchability is abolished and its practice

in any form is forbidden by Article 17 of the Constitution. The

enforcement of any disability arising out of untouchability as per

Article 17 shall be an offence punishable under the law. Article

46 reads as under:

“Article 46. Promotion of educational and

economic interests of Scheduled Castes,

Scheduled Tribes and other weaker

sections- The State shall promote with a

special care the education and economic

interests 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.”

Articles 338 and 338A of the Constitution provide for

constitution of National Commissions for Scheduled Castes and

Scheduled Tribes respectively. The relevant portions of Articles

338 and 338A are as under:

“Article 338. National Commission for

Scheduled Castes.

(1) There shall be a Commission for the Scheduled

Castes to be known as the National Commission for

the Scheduled Castes.

* * *

(5) It shall be the duty of the Commission—

7

Page 8 (a) to investigate and monitor all matters relating

to the safeguards provided for the Scheduled

Castes under this Constitution or under any

other law for the time being in force or under

any order of the Government and to evaluate

the working of such safeguards;

(b) to inquire into specific complaints with respect

to the deprivation of rights and safeguards of

the Scheduled Castes;

(c) to participate and advise on the planning

process of socio-economic development of the

Scheduled Castes and to evaluate the

progress of their development under the Union

and any State;

(d) to present to the President, annually and at

such other times as the Commission may

deem fit, reports upon the working of those

safeguards;

(e) to make in such reports recommendations as

to the measures that should be taken by the

Union or any State for the effective

implementation of those safeguards and other

measures for the protection, welfare and

socio-economic development of the Scheduled

Castes; and

(f) to discharge such other functions in relation to

the protection, welfare and development and

advancement of the Scheduled Castes as the

President may, subject to the provisions of

any law made by Parliament, by rule specify.

8

Page 9 (6) The President shall cause all such reports to be

laid before each House of Parliament along with a

memorandum explaining the action taken or

proposed to be taken on the recommendations

relating to the Union and the reasons for the

non-acceptance, if any, of any of such

recommendations.

Article 338A. National Commission for

Scheduled Tribes.

(1) There shall be a Commission for the Scheduled

Tribes to be known as the National Commission for

the Scheduled Tribes.

* * *

(5) It shall be the duty of the Commission—

(a) to investigate and monitor all matters relating

to the safeguards provided for the Scheduled

Tribes under this Constitution or under any

other law for the time being in force or under

any order of the Government and to evaluate

the working of such safeguards;

(b)to inquire into specific complaints with respect

to the deprivation of rights and safeguards of

the Scheduled Tribes;

(c) to participate and advise on the planning

process of socio-economic development of the

Scheduled Tribes and to evaluate the progress

of their development under the Union and any

State;

9

Page 10 (d) to present to the President, annually and at

such other times as the Commission may deem

fit, reports upon the working of those

safeguards;

(e) to make in such reports recommendations as

to the measures that should be taken by the

Union or any State for the effective

implementation of those safeguards and other

measures for the protection, welfare and

socio-economic development of the Scheduled

Tribes; and

(f) to discharge such other functions in relation to

the protection, welfare and development and

advancement of the Scheduled Tribes as the

President may, subject to the provisions of any

law made by Parliament, by rule specify.

* * *

(8) The Commission shall, while investigating any

matter referred to in sub-clause (a) or inquiring into

any complaint referred to in sub-clause (b) of clause

(5), have all the powers of a civil court trying a suit

and in particular in respect of the following matters,

namely:—

(a) summoning and enforcing the attendance of

any person from any part of India and

examining him on oath;

(b) requiring the discovery and production of any

document;

(c) receiving evidence on affidavits;

10

Page 11 (d) requisitioning any public record or copy thereof

from any court or office;

(e) issuing commissions for the examination of

witnesses and documents;

(f) any other matter which the President may, by

rule, determine.”

4.A brief historical background of the National Commission

for Scheduled Castes and Scheduled Tribes as stated in the

Annual Report submitted to the Parliament by National

Commission for Scheduled Castes in the year 2014-15 is as

follows:

“For effective implementation of various

safeguards provided in the Constitution for the

welfare of Scheduled Castes and Scheduled

Tribes (SCs and STs) and in various other

protective legislations, the Constitution

provided for appointment of a Special Officer

under Article 338 of the Constitution. The

Special Officer who was designated as

Commissioner for Scheduled Castes and

Scheduled Tribes was assigned the duty to

investigate all matters relating to the

safeguards for SCs and STs, provided in

various statutes, and to report to the President

of India on the working of these safeguards. In

order to facilitate effective functioning of the

office of the Commissioner for Scheduled

Castes and Scheduled Tribes, 17 regional

11

Page 12 offices of the Commissioner were also set up in

different parts of the country. On persistent

demand of the Members of Parliament that the

Office of the Commissioner for Scheduled

Castes and Scheduled Tribes alone was not

enough to monitor the implementation of

Constitutional safeguards, a proposal was

mooted for amendment of Article 338 of the

Constitution (Forty-sixth Amendment) for

replacing the arrangement of one Member

system with a Multi Member system. The

Government thereafter through a resolution in

1987 decided to set up a Multi-Member

Commission, which was named as National

Commission for Scheduled Castes and

Scheduled Tribes. Consequent upon the

Constitution (Eighty-Ninth Amendment) Act,

2003 coming into force on 19.02.2004, the

erstwhile National Commission for Scheduled

Castes and Scheduled Tribes has been

replaced by (1) National Commission for

Scheduled Castes and (2) National

Commission for Scheduled Tribes. The Rules of

the National Commission for Scheduled Castes

was notified on 20 February, 2004 by the

Ministry of Social Justice & Empowerment.”

1

1

Annual Report 2014-15 National Commission for Scheduled Castes

12

Page 13 The duties of the National Commission are provided in the

Rules of Procedure of the National Commission for Scheduled

Castes. Chapter III of the said Rules deals with investigation

and inquiry by the Commission. The relevant provisions are as

follows:

“7.0 Investigation and Inquiry by the

Commission

7.1 The Commission shall function by holding

‘sittings’ and ‘meetings’ at any place within

the country and also through its officers at the

Headquarters and in the State Offices. The

Members of the Commission including the

Chairperson and the Vice-Chairperson shall

function in accordance with the procedure

prescribed under these rules.

* * *

7.2. (a) Investigation and Inquiry by the

Commission directly.

7.2.(a) i The Commission may hold sittings for

investigation into matters relating to

safeguards, protection, welfare and

development of the Scheduled Castes for

inquiry into specific complaints for which the

Commission decided to take up investigation

or inquiry directly. Such sittings may be held

either at the Headquarters of the Commission

or at any other place within the country.

* * *

13

Page 14 7.5 Inquiry into cases of atrocities

7.5.1 Whenever information is received in the

Commission about any incident of atrocity

against a person belonging to Scheduled

Castes, the Commission would immediately

get in touch with the law enforcing and

administrative machinery of the State and the

district to ascertain the details of incident and

the action taken by the district administration.

If after detailed inquiry/investigation; the

Commission finds substance in the

allegation/complaint regarding atrocity, the

Commission may recommend to file an FIR

against the accused with the concerned

law-enforcing agency of the State/District. In

such cases, the State Government/District

Administration/Police Personnel may be called

with three days through the summons.”

Chapter VIII of the Rules provides for the monitoring functions

of the Commission which are as under:

“15.0 Monitoring Functions of the

Commission

15.1 The Commission to determine

subjects for monitoring

The Commission may determine from time to

time the subjects or matters and areas that it

would monitor relating to safeguards and other

socio-economic development measures provided

for the Scheduled Castes under the

14

Page 15 Constitution or under any other law for the time

being in force or under any order of the Govt.

* * *

16.0 Follow-up action

16.1 In order to ensure that monitoring is done

effectively, the Commission, after getting the

information as prescribed in the above rules

and after reaching conclusions, may as early

as possible send out communications to the

concerned authority describing the

shortcomings that have been noticed in the

implementation of the safeguards and

suggesting corrective steps. Decisions on

sending out such a communication may be

taken at a level not lower than that of Joint

Secretary/Secretary at Headquarters.

Directors-in-Charge of State Offices may take

decisions on routine matter whereas they will

seek approval of the Secretary and the

concerned Member on complex and important

matters affecting the interest of Scheduled

Castes as a group.

16.2 The Commission may ask for the

comments of the concerned authority on the

action taken in pursuance of the

communications sent under the Rule 76.

16.3 The Commission may include in its Annual

Report or any Special Report, findings and

conclusions arrived at through the process of

monitoring of the subjects relating to the

15

Page 16 safeguards and socio-economic development

measures provided for the Scheduled Castes

under the Constitution or under any other law

for the time being in force or under any order of

the Union/State Government.”

5. Article 39A of the Constitution provides for free legal

aid to ensure that opportunities for securing justice are not

denied to any citizen by reason of economic or other

disabilities. The Legal Services Authorities Act, 1987

(hereinafter referred to as “the LSA Act”) was enacted to

constitute special authorities for providing free and competent

legal services to weaker sections of the society. Section 4 (m)

of the LSA Act provides for special efforts to be made for

enlisting the support of voluntary social welfare institutions,

particularly among Scheduled Castes and Scheduled Tribes.

Section 12 of the LSA Act provides for free legal aid to the

Scheduled Castes and Scheduled Tribes.

6. One of the purposes of the United Nations is to promote

and encourage respect for and observation of human rights and

fundamental freedoms for all, without distinction as to race, sex,

language or religion. Article 1 of the International Convention on

the Elimination of All Forms of Racial Discrimination, 1966

(ICERD) is as under:

16

Page 17 “Article 1

1. In this Convention, the term "racial

discrimination" shall mean any distinction,

exclusion, restriction or preference based on

race, colour, descent, or national or ethnic

origin which has the purpose or effect of

nullifying or impairing the recognition,

enjoyment or exercise, on an equal footing, of

human rights and fundamental freedoms in

the political, economic, social, cultural or any

other field of public life.

2. This Convention shall not apply to

distinctions, exclusions, restrictions or

preferences made by a State Party to this

Convention between citizens and non-citizens.

3. Nothing in this Convention may be

interpreted as affecting in any way the legal

provisions of States Parties concerning

nationality, citizenship or naturalization,

provided that such provisions do not

discriminate against any particular

nationality.

4. Special measures taken for the sole purpose

of securing adequate advancement of certain

racial or ethnic groups or individuals requiring

such protection as may be necessary in order

to ensure such groups or individuals equal

enjoyment or exercise of human rights and

17

Page 18 fundamental freedoms shall not be deemed

racial discrimination, provided, however, that

such measures do not, as a consequence, lead

to the maintenance of separate rights for

different racial groups and that they shall not

be continued after the objectives for which

they were taken have been achieved.”

2

Certain recommendations on Article 1 of the ICEDR were

adopted on 1

st

November 2002 which provide as under:

“ Confirming the consistent view of the

Committee that the term "descent" in article 1,

paragraph 1, the Convention does not solely

refer to "race" and has a meaning and

application which complement the other

prohibited grounds of discrimination,

Strongly reaffirming that discrimination based

on "descent" includes discrimination against

members of communities based on forms of

social stratification such as caste and

analogous systems of inherited status which

nullify or impair their equal enjoyment of

human rights,”

3

These recommendations also strongly condemn decent

based discrimination such as discrimination based on caste. It

2

International Convention on the Elimination of All Forms of Racial Discrimination,

Adopted and opened for signature and ratification by General Assembly resolution 2106

(XX) of 21 December 1965, entry into force 4 January 1969, in accordance with Article 19

3

CERD General recommendation XXIX on article 1, paragraph 1, of the Convention

(Descent), A/57/18 (2002) 111

18

Page 19 is significant that there was also a recommendation that the

legislations and other measures already in force should be

strictly implemented.

7.To give effect to Article 17 in its true letter and spirit, the

Parliament enacted the Untouchability (Offences) Act, 1955.

Sections 3 to 7 of the said Act prescribed punishments for

enforcing religious, social and any other kind of disabilities on

the ground of untouchability. There were several complaints

from various quarters of the society about the lacunas and

loopholes in the said Act. Several amendments were made to the

said Act which was rechristened as the ‘Protection of Civil Rights

Act, 1955’. In spite of a major overhaul, it was noticed that the

Protection of Civil Rights Act, 1955 and the Indian Penal Code,

1860 were inadequate to check the atrocities committed on

Scheduled Castes and Scheduled Tribes. The fact that the

Scheduled Castes and Scheduled Tribes remained a vulnerable

group in spite of the introduction of several measures to improve

their socio-economic condition was a matter of deep concern to

the Parliament. The Parliament acknowledged that the

Scheduled Castes and Scheduled Tribes were subject to various

offences, indignities, humiliations and harassments perpetually.

Numerous incidents of brutalities and atrocities depriving the

19

Page 20 Scheduled Castes and Scheduled Tribes of their life and property

were a cause of concern for the Parliament. Considering the fact

that there was an increase in the disturbing trend of commission

of atrocities against the Scheduled Castes and Scheduled Tribes,

the Parliament enacted the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989. The Preamble to the

Act reads as under:

“An Act 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.”

8.The Act enlarges the scope of criminal liability by including

several acts or omissions of atrocities which were not covered by

the Indian Penal Code or the Protection of Civil Rights Act, 1955.

The Act also provides protection to the Scheduled Castes and

Scheduled Tribes for various atrocities affecting social

disabilities, properties, malicious prosecution, political rights

and economic exploitation. The Act also provides for enhanced

punishment for commission of offences against the Scheduled

Castes and Scheduled Tribes. The minimum punishment for

neglect of duties committed by a public servant was also

20

Page 21 increased. Provisions were made for granting minimum relief and

compensation to victims of atrocities and their legal heirs. The

other salient features of the Act include externment of potential

offenders from Scheduled Areas and Tribal Areas as well as

attachment of the properties of the accused. The Act prohibits

the grant of Anticipatory Bail to the accused and the Probation of

Offenders Act, 1958 was also made inapplicable to the Act.

Certain preventive measures provided in the Act include

cancellation of arms licenses of potential offenders and even

grant of arms licenses to Scheduled Castes and Scheduled Tribes

as a means of self defence.

9.We have examined the NHRC Report on Atrocities against

Scheduled Castes

4

, the report of Justice K Punnaiah

Commission

5

, Sixth report of the National Commission for

Scheduled Castes

6

and a paper titled “The Status of

Implementation and need for amendments in the Prevention of

Atrocities Act, India” published by Petitioner No. 1. It is

contended by the Petitioners that the implementation of the Act

has been totally ineffective and that Dalits are still suffering from

4

NHRC, Atrocities against Scheduled Castes, November 25, 2002

5

The Government of Andhra Pradesh had appointed Dr. Justice K. Punnaiah, Retired

Judge of Andhra Pradesh High Court as Single member Commission of enquiry to inquire

into the practice of Untouchability and atrocities against Scheduled Castes and Scheduled

Tries and to suggest measures for eradication of Untouchability and prevention of

atrocities.

6

National SC/ST Commission Report 2000-01

21

Page 22 atrocities in view of the non compliance of various provisions of

the Act. The NHRC in its Report observed that “even in respect of

heinous crimes the police machinery in many states has been

deliberately avoiding the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989”. The Report further

highlighted the non registration of cases and various other

machinations resorted to by the police to discourage Dalits from

registering cases under the Act. The Petitioners also highlighted

the persisting problem of non-registration of cases under

appropriate provisions of the Act, delays in filing of charge-sheet,

accused not being arrested, release of high risk offenders on bail

and filing of false and counter cases against Dalit victims. The

Petitioners also complained of non-payment of compensation to

the victims or their legal heirs. The Petitioner also relied upon

the findings of the sixth Report of the National Commission to

show that the Scheduled Castes and Scheduled Tribes have no

access to legal aid. Various committees contemplated by the Act

at various levels are dysfunctional.

10.The Petitioners submitted that Rules 3, 8, 9, 10, 15(1), 16

and 17 of the Scheduled Castes and Schedules Tribes

(prevention of Atrocities) Rules, 1995 (hereinafter referred to as

“the Rules”) have to be strictly complied with by the concerned

22

Page 23 authorities. Rule 3 provides for identification of atrocity prone

areas and for preventive measure to be taken. Rule 8 refers to

setting up Special Cells to conduct survey of the identified areas,

informing Nodal Officers and Special Officers on the law and

order situation of identified areas, making enquiries about the

investigation and spot inspections, wilful negligence of various

authorities and reviewing the position of cases registered. Rules

9 and 10 deal with the appointment of Nodal Officers and Special

Officers. A contingency plan for implementation of provisions of

the Act is dealt with in Rule 15(1). Vigilance and Monitoring

Committees to review the implementation of the provisions of the

Act at the State and District level have to be set-up under Rule

16 and 17. According to Section 14 of the Act, designated special

courts and exclusive special courts have to be established for

speedy trial of offences under the Act.

11.The Act was made in 1989 because the Parliament found

that the provisions of the Protection of Civil Rights Act, 1955

were inadequate and did not curb the evil practice of atrocities

against Dalits. The grievance of the Petitioners has been that

though the Act is comprehensive enough to deal with the social

evil, its implementation has been painfully ineffective. The ever

increasing number of cases is also an indication to show that

23

Page 24 there is a total failure on the part of the authorities in complying

with the provisions of the Act and the Rules. Placing reliance on

the NHRC Report and other reports, the Petitioners sought a

mandamus from this Court for effective implementation of the

Act and the Rules.

12. We have carefully examined the material on record and we

are of the opinion that there has been a failure on the part of the

concerned authorities in complying with the provisions of the Act

and Rules. The laudable object with which the Act had been

made is defeated by the indifferent attitude of the authorities. It

is true that the State Governments are responsible for carrying

out the provisions of the Act as contended by the counsel for the

Union of India. At the same time, the Central Government has an

important role to play in ensuring the compliance of the

provisions of the Act. Section 21 (4) of the Act provides for a

report on the measures taken by the Central Government and

State Governments for the effective implementation of the Act to

be placed before the Parliament every year. The constitutional

goal of equality for all the citizens of this country can be achieved

only when the rights of the Scheduled Castes and Scheduled

Tribes are protected. The abundant material on record proves

that the authorities concerned are guilty of not enforcing the

24

Page 25 provisions of the Act. The travails of the members of the

Scheduled Castes and the Scheduled Tribes continue unabated.

We are satisfied that the Central Government and State

Governments should be directed to strictly enforce the provisions

of the Act and we do so. The National Commissions are also

directed to discharge their duties to protect the Scheduled

Castes and Scheduled Tribes. The National Legal Services

Authority is requested to formulate appropriate schemes to

spread awareness and provide free legal aid to members of the

Scheduled Castes and Scheduled Tribes. A similar situation

arose before this Court in Safai Karamchari Andolan v. Union

of India, (2014) 11 SCC 224. The Petitioners therein filed a

Writ Petition seeking enforcement of the provisions of the

Employment of Manual Scavengers and Construction of Dry

Latrines (Prohibition) Act, 1993. This Court held as under:

“24. In the light of various provisions of the Act

referred to above and the Rules in addition to

various directions issued by this Court, we hereby

direct all the State Governments and the Union

Territories to fully implement the same and take

appropriate action for non-implementation as well

as violation of the provisions contained in the Act

2013. Inasmuch as the 2013 Act occupies the

entire field, we are of the view that no further

monitoring is required by this Court. However, we

25

Page 26 once again reiterate that the duty is cast on all the

States and the Union Territories to fully implement

and to take action against the violators.

Henceforth, persons aggrieved are permitted to

approach the authorities concerned at the first

instance and thereafter the High Court having

jurisdiction.”

13. The Petitioners are at liberty to approach the concerned

authorities and thereafter the High Courts for redressal of their

grievances, if any. In view of the aforesaid, the writ petition is

disposed of. No cost.

.....…...........................CJI

[T. S. THAKUR]

........................................J

[Dr. D. Y. CHANDRACHUD]

..……................................J

[L. NAGESWARA RAO]

New Delhi,

December 15, 2016

26

Page 27 NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No…12256.…… of 2016

(@ S.L.P. (C) No…37164… of 2016)

(@ C.C. No.19532 of 2011)

NATIONAL DALIT MOVEMENT FOR JUSTICE

Appellant (s)

Versus

STATE OF MADHYA PRADESH & ORS.

Respondent (s)

J U D G M E N T

L. NAGESWARA RAO, J.

Delay condoned.

Leave granted.

In terms of the order pronounced in W.P. (C) No. 140 of

2006, this Appeal also stands disposed of. No cost.

.....…...........................CJI

[T. S. THAKUR]

........................................J

[Dr. D. Y. CHANDRACHUD]

..……................................J

[L. NAGESWARA RAO]

New Delhi,

December 15, 2016

1