NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. versus UNION OF INDIA & ORS.

NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. versus UNION OF INDIA & ORS.

There has been failure by authorities in implementing the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules, 1995. Directions are issued to Central and State Governments and National Commissions to strictly enforce the provisions, ensure protection of SC/ST rights, and provide legal aid.

Parties
Petitioner: National Campaign on Dalit Human Rights & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
15 December 2016
Procedural Posture
Writ Petition (civil) / Disposition of Petition After Hearing Arguments and Examination of Material
Outcome
Petition disposed of.
Legal Topics
Implementation of Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989, Enforcement of Constitutional Equality and Protection Against Caste Based Atrocities, Role of National Commissions for Scheduled Castes and Scheduled Tribes, Requirement of Establishing Special Courts, Provision of Legal Aid to Scheduled Castes and Scheduled Tribes
Constitutional Law Human Rights Law Criminal Law Implementation of Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 Enforcement of Constitutional Equality and Protection Against Caste Based Atrocities Role of National Commissions for Scheduled Castes and Scheduled Tribes Requirement of Establishing Special Courts Provision of Legal Aid to Scheduled Castes and Scheduled Tribes

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Parties

National Campaign on Dalit Human Rights & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Disposition of Petition After Hearing Arguments and Examination of Material

Legal Issues

  1. 1 Non-implementation of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules, 1995
  2. 2 Need for directions to authorities for enforcing statutory and constitutional protections for Scheduled Castes and Scheduled Tribes

Ratio Decidendi

There has been failure by authorities in implementing the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules, 1995. Directions are issued to Central and State Governments and National Commissions to strictly enforce the provisions, ensure protection of SC/ST rights, and provide legal aid.

Court Disposition

Petition disposed of.

Orders

  • Central and State Governments directed to strictly enforce provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules, 1995.
  • National Commissions for Scheduled Castes and Tribes directed to discharge their duties.