L.NAGESWARA RAO, J. - (1.) 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 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. 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 and 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 and 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 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 and SC (PoA) Act of 1989 fully (West Bengal) 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. 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, 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: 338. National Commission for "Article 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-- (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. (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; (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; (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." ;