Theme: Citizen Rights & Constitution

Externment of Persons Committing Atrocities

The law designates certain areas as tribal areas or scheduled areas. If any person is likely to commit crimes or atrocities against members of SCs and STs in such areas, the Special Courts can have them removed from there. 

However, the Special Court must list down the grounds for taking such an action against anybody.(( Section 10, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989.))

Period of Removal Order

The order of removal can be made for a period up to 3 years. The person against whom such an order is made can request the Special Court to modify or revoke the removal order within 30 days of the passing of the order.

Disobeying Removal Order

If the person against whom a removal order is passed either fails to remove himself from the area or after being removed returns to the area without proper permission, the Special Court can have him arrested and removed to police custody outside the specified area.(( Section 11, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989.)) The penalty for disobeying the removal order is imprisonment up to 1 year and a fine.(( Section 13, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989.))

Special Permission to Enter Specified Area

The person who has been removed from the area can apply to the Special Court to enter that place for a limited period of time. If they are granted such permission, it will be conditional. The Court can even ask the person to execute a bond (with or without surety) to ensure the conditions mentioned in the permission are followed.

The Special Court has the power to revoke this permission at any time. If the permission has expired or been revoked, fresh permission needs to be taken for re-entry. 

If any of the conditions of the permission are violated, the person can be arrested by the police and be taken to the police station outside the tribal or scheduled area. 

 

Arresting a Woman

Apart from all the rules that need to be followed while making an arrest, the police also have to keep a few important things in mind while arresting a woman. They are: 

  • A woman cannot be arrested after sunset and before sunrise (unless in exceptional circumstances). 
  • A lady constable has to be present when a woman is being arrested. 

In the exceptional circumstance when the woman has to be arrested at night, the woman police officer has to take permission in writing from the local Judicial Magistrate. 

However, to some extent, the Supreme Court has relaxed this rule. If the arresting officer is reasonably satisfied that if the lady officer is not available and the delay in getting the lady officer would impede/obstruct the investigation, he can carry on with arresting the woman. But he has to provide, in his arrest memo, the reasons and circumstances for his actions either before the arrest or immediately after. 

Penalties for withholding/providing wrong information

The Central or State Information Commission can impose a daily penalty of Rs. 250 on the PIO who has withheld information or provided wrong information. This has to be paid until the information is provided. However, the total amount of the penalty should not exceed Rs. 25,000.

The PIO has to be given a chance to present their case before the penalty is decided – however, the burden is on them to prove that they acted lawfully. Disciplinary action can also be taken against the PIO in accordance with their service rules.

Curriculum and Evaluation Procedures in Schools

Each state government has specified various academic authorities that have laid down the curriculum and evaluation procedures. These could be the State Council of Educational Research and Training (SCERT) or other academic institutions of the state. For example, the Delhi SCERT and the Uttarakhand SCERT are responsible for the curriculum in their respective states. The state curriculums must, however, be prepared according to certain common principles:1

The state curriculums and evaluation procedures must include a comprehensive and continuous evaluation of the child’s understanding of knowledge.

  • It should focus on the all round development of the child in a child-friendly manner.
  • As far as possible, the medium of instruction should be the child’s mother tongue.
  1. Section 29(2), The Right of Children to Free and Compulsory Education Act, 2009. [↩]

False case/statements against SC/ST

Filing a false case against an SC/ST member as well as giving false information to a government official that causes the official to harass an SC/ST member are both illegal. For example, if you go to the police and falsely accuse an SC/ST member for a crime, you may be punished.

 If an SC/ST member is falsely accused of:

  • A crime punishable by death, you will face life imprisonment and a fine. 
  • A false statement which causes the SC/ST member to be given the death penalty, you may face the death sentence. 
  • A crime punishable with 7 years or more of imprisonment, you will face imprisonment of a term of 6 months to 7 years.

What are the reliefs under right to constitutional remedies?

The five constitutional remedies provide for different kinds of relief. These are mentioned below:

 

  1. Habeas Corpus: Under this, a petition can be filed by any aggrieved person or anyone on behalf of the aggrieved person for the relief to not be illegally kept in police custody.(( Sunil Batra v. Delhi Administration, 1980 AIR 1579.)) A petition can also be filed on behalf of a prisoner who is being ill-treated in prison.(( Sunil Batra v. Delhi Administration, 1980 AIR 1579.))
  2. Mandamus: Under this, a petition can be filed by any aggrieved person who seeks a public authority to do something that they are supposed to do or not do something that they are not supposed to do. For instance, if a person has not been appointed to a position they were supposed to be in, relief can be sought by such an aggrieved person by filing a petition.(( State of Mysore & Anr. v. K.N. Chandrasekhara & Ors., 1965 AIR (SC) 532.)) 
  3. Certiorari– This is filed by a person whose case is decided by a court which does not have the necessary power to do so. Such a person may seek the relief of their case being decided by an appropriate court after the existing decision is quashed.(( Province of Bombay v. Kusaldas S. Advani & Ors., 1950 AIR 222.)) 
  4. Prohibition– This is filed by a person whose case is being decided by a court which does not have the power to decide it. Such a person may seek the relief of their case being transferred to the appropriate court while the case is still going on.(( S. Govind Menon v. Union of India, AIR 1954 Pat 297.)) 
  5. Quo Warranto– Relief under this can be sought by a person who is aggrieved by a person being appointed to a position in a government office which they do not have the requisite qualification to hold.(( The University of Mysore v. C.D. Govind Rao, 1965 AIR 491.))

Relief can also be sought by an aggrieved person against the appointment of any High Court judge.(( Shiam Sundar v. State of Punjab, Civil WP No. 607 of 1956.))

Payment for filing writ petitions

  • Supreme Court

For writ petitions except for habeas corpus, the court fee is Rs. 500.(( Supreme Court of India, Handbook on Practice and Procedure and Office Procedure, accessed at https://main.sci.gov.in/pdf/LU/ppop2017.pdf)) However, if the writ petition is filed in a criminal case, then no court fee is required.(( Supreme Court of India, Handbook on Practice and Procedure and Office Procedure, accessed at https://main.sci.gov.in/pdf/LU/ppop2017.pdf)) 

 

  • High Court

The court fee varies for different High Courts. Information on the court fee for individual High Courts can be found on the concerned court’s website. 

High Court Court fee 
Delhi1 Rs. 100 (except a habeas corpus petition for which fee is Rs. 250). 
Andhra Pradesh(( Andhra Pradesh Court Fees and Suits Valuation Act, 1956, accessed at https://districts.ecourts.gov.in/sites/default/files/Andhra_Pradesh_Court_Fees_And_Suits_Valuation_Act__1956_1.pdf)) Rs. 100 (except a habeas corpus petition for which fee is Rs. 2).
Guwahati(( The Court Fees (Assam Amendment) Act, 1972, accessed at https://www.indiacode.nic.in/bitstream/123456789/5085/1/the_court_fees_%28assam_amendment%29_act%2C_1972_._recognized.pdf))  Rs. 50
Punjab & Haryana(( https://highcourtchd.gov.in/sub_pages/left_menu/Court%20Fees/Court%20Fee%20Table.pdf))  Rs. 50
Patna(( The Court Fees (Bihar Amendment) Act, 1995, accessed at https://districts.ecourts.gov.in/saharsa/court-fee-strucutre)) Rs. 1,000
Calcutta(( The West Bengal Court Fees Act, 1970, accessed at http://www.wbja.nic.in/wbja_adm/files/The%20West%20Bengal%20Court-Fees%20Act,%201970.pdf)) Rs. 100 (except a habeas corpus petition for which there is no fee).
Bombay(( The Maharashtra Court Fees Act, accessed at https://bombayhighcourt.nic.in/libweb/acts/1959.36.pdf))  Rs. 250
Chennai(( Tamil Nadu Court Fees and Suit Valuations Act, 1965, accessed at https://districts.ecourts.gov.in/sites/default/files/Courtfee%20TN.pdf))  Rs. 200 (except a habeas corpus petition for which fee is Rs. 10).
Chhattisgarh(( Chhattisgarh High Court Rules, 2007, accessed at http://highcourt.cg.gov.in/other/filinginstruction/FilingInstructions.pdf)) Rs. 100
Allahabad(( Schedule II (e)(2), Court Fees Act, Uttar Pradesh.)) Rs. 100
Karnataka(( The Karnataka Court Fee and Suits Valuation Act, 1958, accessed at http://dpal.kar.nic.in/pdf_files/16%20of%201958%20(E).pdf))  Rs. 100 (except a habeas corpus petition).
Jammu & Kashmir 
Orissa(( Schedule II(e)(i), Court Fees Act, 1870.)) Rs. 50
Rajasthan(( The Rajasthan Court Fees and Suits Valuation Act, 1961, accessed at https://www.indiacode.nic.in/bitstream/123456789/13049/1/the_rajasthan_court_fees_and_suits_valuation_act%2C_1961.pdf)) Rs. 25 (except a habeas corpus petition for which fee is Rs. 2).
Madhya Pradesh(( Court Fees Act, 1870, accessed at https://www.latestlaws.com/bare-acts/state-acts-rules/madhya-pradesh-state-laws/courts-fees-act-1870/)) Rs. 100
Kerala(( The Kerala Court Fees and Suits Valuation Act, 1959, accessed at https://www.indiacode.nic.in/bitstream/123456789/12325/1/10.pdf)) Rs. 25  (except a habeas corpus petition for which fee is Rs. 2).
Gujarat(( The Gujarat Court Fees Act, 2004, accessed at https://gujcourts.guj.nic.in/acts/gujarat_court_fees_act2004.pdf)) Rs. 50
Himachal Pradesh(( The Himachal Pradesh Court Fees Act, 1968, accessed at https://www.indiacode.nic.in/bitstream/123456789/5357/1/the_himachal_pradesh_court_fees_act%2C_1968.pdf)) Rs. 50  (except a habeas corpus petition for which fee is Rs. 2.65).
Sikkim(( Sikkim High Court (Practice and Procedure) Rules, 2011, accessed at https://hcs.gov.in/hcs/sites/default/files/rules/hc_pp_rules.pdf)) Rs. 250 (except a habeas corpus petition).
Uttarakhand(( Schedule II(e)(i), Court Fees Act, 1870.)) Rs. 50
Jharkhand(( Schedule II(e)(i), Court Fees Act, 1870.)) Rs. 50
Tripura(( Schedule II(e)(i), Court Fees Act, 1870.))  Rs. 50
Manipur(( Schedule II(e)(i), Court Fees Act, 1870.)) Rs. 50
Meghalaya(( The Court Fees (Meghalaya Amendment) Act, 2012, accessed at https://districts.ecourts.gov.in/sites/default/files/Meghalaya%20Court%20Fee%20Act%202012%20%28Amendment%29_0.pdf)) Rs. 95
Telangana(( Schedule II, Article 11(s), Telangana Court-Fees and Suits Valuation Act, 1956.)) Rs. 100  (except a habeas corpus petition for which the fee is Rs. 2).
  1. Government of National Capital Territory of Delhi, Revenue Department, The Court- Fees (Delhi Amendment) Act, 2012, accessed at http://delhihighcourt.nic.in/writereaddata/upload/Notification/NotificationFile_FCEDT9TW.PDF [↩]

Appealing an RTI Application

If you do not receive a decision from the PIO within 30 days, you can file an appeal against the decision of the PIO before an officer who is senior to the PIO. You need to file this appeal within 30 days. This time period may be extended if the officer feels that the delay is justified.

Usually, the public authority will state who the appellate authority is on its website or at its office. This will be an officer who is senior in rank to the PIO. A third party can also file an appeal within 30 days of the date of the order by the PIO.

If you are not satisfied with the first appeal decision, you can make a second appeal within 90 days to the Central Information Commission or the State Information Commission by following the suggested format for the second appeal.

The responsibility of proving that the refusal to provide information was justified lies squarely on the PIO who refused this information. The Information Commission should finish the appeal in 30 days. This can be extended to forty-five days with reasons being recorded for the extension.

In order to make a decision, the Information Commission can ask the public authority to:

  • provide information in a particular manner
  • appoint a PIO
  • publish relevant information
  • manage records properly
  • conduct training programmes for officials
  • provide an annual report
  • provide compensation to any complainant

It can also impose penalties and reject specific applications.

Reporting a Crime/Atrocity

If a crime has been committed against you owing to your identity as member of the Scheduled castes or scheduled tribes, you can approach any of these places to get immediate relief: 

Police

You can either call 100 or visit a police station to report the incident. The police will note down your details and if needed arrive at your location to provide you immediate help. They will write down your information and details of the incident in an FIR and provide you with a copy of it, free of cost. 

National Commission for Scheduled Castes 

The National Commission for Scheduled Castes is a body set up under the Constitution to investigate and monitor the interests of the Scheduled Castes. They also have the power to inquire into specific complaints in cases where members of Scheduled Castes are deprived of their rights. You can either call their toll free helpline or visit their website for more information.  

Toll Free Number: 1800 1800 345

Website: http://ncsc.nic.in/

Email: ncsccomplaints@gmail.com

Contact details of State Commissions: http://ncsc.nic.in/contactus 

National Commission for Scheduled Tribes

Like the NCSC, there exists a National Commission for Scheduled Tribes as well. They have the power to investigate into complaints registered for atrocities committed against the members of Scheduled Tribes. 

Website: https://ncst.nic.in/

Contact information for the National Commission as well as its regional offices can be found here: https://ncst.nic.in/content/contact-us

SC/ST Protection Cell 

SC/ST Protection Cells have been set up in different States and Union Territories across India. The head of these cells is usually a high ranking police officer of the State or UT, like the Inspector General of police or the Additional Director General of Police. If you want to approach such a cell in your state, take the help of the nearest police station.

Manual Scavengers

If you are being forced to work as a manual scavenger or know someone who is being forced, please complain to the police or the National Commission for Safai Karamcharis. Please know that the practice of manual scavenging is prohibited under law. For more information please read this. 

How to file a writ petition online?

1. Go to the website of the Supreme Court of India here.

2. Click on the E-FILING menu below the HOME menu.

3. On the extreme right hand corner of the page, click on ‘New Registration’ if this is the first time a petition is being filed. If registration has already been done, proceed to step no. 7.

4. When ‘User Type’ is asked, choose ‘Petitioner in Person’ upon which a form will appear.

5. After filling the required information, click on the ‘Sign Up’ button at the end of the page.

6. After completing registration, go back to the ‘E-FILING’ page here.

7. Click on the ‘Login’ option

8. The following menu will appear. Fill in the required details.

9. After logging in, a menu will appear. Click on ‘New eFiling’.

10. The following page will be displayed. Fill in the required details. If the petition is against any decision by a lower court, then click on the ‘Lower Court’ button. Similarly, click on every category and fill in the required information.

11. Click on ‘Petition with Other Document’, if additional documents are to be submitted along with the petition. 

12. After all the required information has been filled in and the payment is completed, an application number will be given.