BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05/12/2006 CORAM THE HONOURABLE MR.JUSTICE D.MURUGESAN AND THE HONOURABLE MR.JUSTICE P.MURGESEN W.A.(MD) No.151 of 2006 V.Sakthivel .. Appellant Vs 1. The Secretary Adi Dravidar Welfare Department Government of Tamil Nadu Fort St.George Chennai 2. The District Collector Dindigul District .. Respondents Appeal filed under Clause 15 of the Letters Patent, against the order dated 16.3.2006 made in W.P.(MD)No.2508 of 2006. !For Appellant ... Mr.T.Lajapathi Roy ^For Respondents ... Mr.R.Janakiramulu Special Govt. Pleader JUDGMENT
D.MURUGESAN, J.
This writ appeal is directed against the dismissal of the writ petition
filed by the appellant. The appellant’s unmarried sister was employed in Sakthi
Murugan Rolling Mills in Palayamkottai. She belongs to Scheduled Caste. She
committed suicide on 20.8.2004. At the time when she committed suicide, she
left a suicide note. On the allegation that the sister of the appellant
committed suicide due to the harassment by some of the workers of the mill, a
case was registered in Sempatti Police Station in Cr.No.441 of 2004 under
Section 306 of IPC read with Sections 3(2)(v) and 3(2)(x) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. On the
completion of investigation, a final report was also filed before the Judicial
Magistrate. In the complaint, it is stated that the appellant, his parents and
sister are residing in the mill premises. Due to certain problems among the
residents, the neighbours used to insult the father of the appellant. Initially
the father of the appellant was accused of theft of some cement bags and a
complaint was given to Sempatti Police Station. At the guise of investigation,
the entire family members of the appellant were insulted and they were also
threatened to vacate the premises within half-an-hour and in the event of their
failure, they will have to face the consequences. The appellant’s family members
were also insulted by calling their caste. The deceased, the sister of the
appellant, committed suicide, as she could not withstand the harassment meted
out by the neighbours and others. To this extent, she also left a suicide note.
2. On 11.10.2005, the appellant preferred a representation to the District
Collector, Dindigul District requesting him to grant relief amount under Rules
12(4), 17 and 20(B) of the Annexure-I to the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Rules, 1995. However, the said representation
was not considered. Hence the appellant approached this Court by way of writ
petition seeking for a direction to the District Collector to consider and pass
orders on the representation for grant of relief. The said writ petition came
to be dismissed. Hence the present writ appeal.
3. We have heard Mr.T.Lajapathi Roy, the learned counsel appearing for the
appellant and Mr.R.Janakiramulu, the learned Special Government Pleader
appearing for the respondents.
4. The learned single Judge rejected the claim of the appellant for the
grant of relief on the ground that inasmuch as the FIR has been registered, the
guilt of the accused should be proved in a Court of law by adducing evidence and
any direction for the grant of relief would presuppose such occurrence and
thereby influence the mind of the District Collector to grant the relief amount.
The learned Judge also held that if such a direction is granted, it would only
pave the way for such number of petitions being filed into the Court seeking
directions to consider the representation.
5. Article 46 of the Constitution, in Part IV relating to the Directive
Principles of State Policy, contemplates “the State shall promote with special
care the educational and economic interest 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”. The
protection of the members belonging to the Scheduled Castes and the Scheduled
Tribes is an obligation of the State under the said Article.
6. For consideration of the relief sought for in the appeal, the statement
of objects and reasons stated in the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for short, “the Act”) are relevant. The
Act was enacted 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. Clause (a) of sub-section (1) of Section 2 defines “atrocity” as
meaning, an offence punishable under Section 3. Clause (x) of sub-section (1)
of Section 3 contemplates that whoever, not being a member of the Scheduled
Castes or the Scheduled Tribes, intentionally insults or intimidates with intent
to humiliate a member of the Scheduled Castes or the Scheduled Tribes in any
place within public view. By that section, whoever intentionally intimidates in
order to humiliate a member of the Scheduled Castes or the Scheduled Tribes is
punishable with imprisonment. Section 21 of the Act contemplates that the State
shall take such measures as may be necessary for the effective implementation of
the Act and in particular, and without prejudice to the generality of the
provisions contained therein, the State shall take such measures and may include
the provision for adequate facilities, including legal aid, to the persons
subjected to atrocities to enable them to avail themselves of justice. By that
section, the provisions of adequate facilities shall mean adequate compensation
to a member of the Scheduled Castes or the Scheduled Tribes who had suffered
insult and intimidation in public view in terms of clause (x) of sub-section (1)
of Section 3. In exercise of the powers under Section 23, the Central
Government is empowered to make rules for carrying out the purposes of the Act.
7. In terms of the power conferred under Section 23, the Central
Government had enacted the Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Rules, 1995. For the purpose of disposal of the writ appeal,
sub-rules (4) and (5) of Rule 12 are relevant and the same read as under:-
“(4) The District Magistrate or the Sub-Divisional magistrate or any other
Executive Magistrate shall make arrangements for providing immediate relief in
cash or in kind or both to the victims of atrocity, their family members and
dependents according to the scale as in the Schedule annexed to these rules
(Annexure I read with Annexure II). Such immediate relief shall also include
food, water, clothing, shelter, medical aid, transport facilities and other
essential items necessary for human beings.
(5) The relief provided to the victim of the atrocity or his/her dependent under
sub-rule (4) in respect of death, or injury to, or damage to property shall be
in addition to any other right to claim compensation in respect there of under
any other law for the time being in force.”
The said sub-rule (4) empowers the District Magistrate or the Sub-Divisional
magistrate or any other Executive Magistrate to make arrangements for providing
immediate relief in cash or in kind or both to the victims of atrocity, their
family members and dependants according to the scale as in the Schedule annexed
to the rules. The immediate relief shall also include food, water, clothing,
shelter, medical aid, transport facilities and other essential items necessary
for human beings. Sub-rule (5) enables the District Magistrate or the Sub-
Divisional magistrate or any other Executive Magistrate to provide the victim of
the atrocity or his/her dependent in respect of death or injury or damage to
property and such relief shall be in addition to any other right to claim
compensation in respect there of under any other law for the time being in
force.
8. In the wake of the above provisions of the Act and the Rules, whenever
a member of the Scheduled Castes or the Scheduled Tribes is a victim of the
atrocity, not only such victim, but also his/her family members and dependants
are entitled to the relief irrespective of the pendency of the criminal case
against those who were responsible for such atrocities on the Scheduled Castes
or the Scheduled Tribes. Rule 14 contemplates that the State Government shall
make necessary provisions in its annual budget for providing relief and
rehabilitation facilities to the victims of atrocity. Rule 15 contemplates that
the State Government shall prepare a model contingency plan for implementing the
provisions of the Act and notify the same in the Official Gazette of the State
Government. The scheme inter-alia should contain a package of relief measures
including the scheme to provide immediate relief in cash or kind or both.
Column 2 of Schedule to Annexure I specifies an immediate amount of relief in
respect of injury, insult or annoyance. Column 10 relates to the award of
compensation for insult, intimidation and humiliation which are considered to be
an offence under Section 3(1)(x) of the Act. Column 20 relates to the
compensation for murder or death.
9. While the above provisions are to be interpreted, it should be
interpreted keeping in mind the object for which the Act was enacted and the
policy of the Government to protect the Scheduled Castes and the Scheduled
Tribes from social injustice. The object appears to be in consonance with the
right to live with self-respect and dignity, which is considered to be a
fundamental right of all citizens and it is more so in case of the Scheduled
Castes and the Scheduled Tribes. The said right is also enshrined under Article
46 as part of the social and economic justice envisaged in the preamble of the
Constitution. The State is also enjoined to promote the welfare effectuated
under Article 38 of the Constitution. Viewed from that angle, in our considered
opinion, the provision of immediate relief cannot be subject to the proof of the
offence in a Court of law and the object appears to be that such immediate
relief could not only retrieve the family members from the current disablement,
but also effectively helps to prosecute their case for adequate compensation
before the appropriate forum.
10. In that view of the matter, the finding of the learned Judge that the
grant of relief as an interim measure would presuppose the commission of offence
does not reflect the correct legal position, as such interpretation would defeat
the very purpose of the measures taken by the Government to rehabilitate the
members of the Scheduled Castes or the Scheduled Tribes who are the victims of
atrocities. Hence we are in entire agreement with the appellant and the claim
of the appellant should be considered by the District Collector in terms of the
provisions of the Act and the Rules, which we have referred to in this order,
for the grant of interim relief. Accordingly, the writ appeal is allowed and
the District Collector, Dindigul District is directed to consider the
representation of the appellant dated 11.10.2005 and pass appropriate orders on
its own merits within a period of six weeks from the date of receipt of a copy
of this order. No costs.
ss
To
1. The Secretary
Adi Dravidar Welfare Department
Government of Tamil Nadu
Fort St.George
Chennai
2. The District Collector
Dindigul District