Section 21 SC/ST Act: Duty of Government to ensure effective implementation of the Act

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section 21 SC/ST Act at a Glance

Section 21 SC/ST Act requires State Governments to take measures for effective implementation, such as legal aid, witness expenses, victim rehabilitation, and safety steps. The Central Government must coordinate State measures and place a yearly report before each House of Parliament.

Section 21 SC/ST Act Bare Act Text

21. Duty of Government to ensure effective implementation of the Act.

(1) Subject to such rules as the Central Government may make in this behalf, the State Government shall take such measures as may be necessary for the effective implementation of this Act.

(2) In particular, and without prejudice to the generality of the foregoing provisions, such measures may include,โ€”

(i) the provision for adequate facilities, including legal aid, to the persons subjected to atrocities to enable them to avail themselves of justice;

(ii) the provision for travelling and maintenance expenses to witnesses, including the victims of atrocities, during investigation and trial of offences under this Act;

(iii) the provision for the economic and social rehabilitation of the victims of the atrocities;

(iv) the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act;

(v) the setting up of committees at such appropriate levels as the State Government may think fit to assist that Government in formulation or implementation of such measures;

(vi) provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provision of this Act;

(vii) the identification of the areas where the members of the Scheduled Castes and the Scheduled Tribes are likely to be subjected to atrocities and adoption of such measures so as to ensure safety for such members.

(3) The Central Government shall take such steps as may be necessary to co-ordinate the measures taken by the State Governments under sub-section (1).

(4) The Central Government shall, every year, place on the table of each House of Parliament a report on the measures taken by itself and by the State Governments in pursuance of the provisions of this section.

Section 21 SC/ST Act in Simple Words

Section 21 SC/ST Act places duties on both State Governments and the Central Government to make sure the SC/ST Act works effectively. Under Section 21(1) SC/ST Act, every State Government must take such measures as may be necessary for the effective implementation of the SC/ST Act. The State Government carries out that duty subject to any rules that the Central Government may make under Section 23 SC/ST Act.

Section 21(2) SC/ST Act lists seven specific measures that a State Government may adopt, without limiting the broader duty in Section 21(1) SC/ST Act. Under Section 21(2)(i) SC/ST Act, measures may include adequate facilities, including legal aid (assistance to conduct a legal case), for persons subjected to atrocities (offences listed in Section 3 SC/ST Act) so those persons can access justice. Under Section 21(2)(ii) SC/ST Act, measures may include paying travelling and maintenance expenses to witnesses, including victims of atrocities, during the investigation and trial of offences under the SC/ST Act. Under Section 21(2)(iii) SC/ST Act, measures may include the economic and social rehabilitation of victims of atrocities.

Section 21(2) SC/ST Act also covers prosecution oversight, committees, surveys, and preventive safety. Under Section 21(2)(iv) SC/ST Act, the State Government may appoint officers to initiate prosecutions or exercise supervision over prosecutions for contraventions of the SC/ST Act. Under Section 21(2)(v) SC/ST Act, the State Government may set up committees at whatever levels the State Government considers appropriate to assist in formulating or implementing these measures. Under Section 21(2)(vi) SC/ST Act, the State Government may arrange a periodic survey of how the provisions of the SC/ST Act are working, with a view to suggesting measures for better implementation. Under Section 21(2)(vii) SC/ST Act, the State Government may identify areas where members of the Scheduled Castes and the Scheduled Tribes (as defined in Section 2 SC/ST Act) are likely to be subjected to atrocities and adopt measures to ensure safety for those members.

Section 21(3) and Section 21(4) SC/ST Act set out the duties of the Central Government. Under Section 21(3) SC/ST Act, the Central Government must take such steps as may be necessary to coordinate the measures taken by the State Governments under Section 21(1) SC/ST Act. Under Section 21(4) SC/ST Act, the Central Government must, every year, place on the table of each House of Parliament a report on the measures taken both by the Central Government itself and by the State Governments under Section 21 SC/ST Act.

When Section 21 SC/ST Act Applies

  • State implementation duty: The State Government must take necessary measures for effective implementation of the SC/ST Act, subject to rules made by the Central Government (Section 21(1) SC/ST Act).
  • Access to justice and witness expenses: Measures may include adequate facilities including legal aid for persons subjected to atrocities, and travelling and maintenance expenses for witnesses and victims during investigation and trial (Section 21(2)(i) and Section 21(2)(ii) SC/ST Act).
  • Rehabilitation and prosecution oversight: Measures may include economic and social rehabilitation of victims of atrocities, and appointing officers to initiate or supervise prosecutions under the SC/ST Act (Section 21(2)(iii) and Section 21(2)(iv) SC/ST Act).
  • Committees, surveys, and vulnerable areas: Measures may include committees at appropriate levels, periodic surveys of the working of the SC/ST Act, and identifying areas where Scheduled Caste and Scheduled Tribe members are likely to face atrocities so as to ensure safety (Section 21(2)(v) to Section 21(2)(vii) SC/ST Act).
  • Central coordination: The Central Government must take necessary steps to coordinate the implementation measures taken by the State Governments (Section 21(3) SC/ST Act).
  • Annual report to Parliament: Every year, the Central Government must place on the table of each House of Parliament a report on the measures taken by the Central Government and the State Governments under Section 21 SC/ST Act (Section 21(4) SC/ST Act).

Example of Section 21 SC/ST Act

In Surat, Pallavi, a member of a Scheduled Tribe, is subjected to an atrocity under Section 3 SC/ST Act, and Girish is a witness to the incident. Pallavi needs legal aid to pursue justice, and both Pallavi and Girish have to travel to attend the investigation and the trial under the SC/ST Act. Under the implementation measures adopted by the State Government under Section 21(1), Section 21(2)(i), and Section 21(2)(ii) SC/ST Act, the State Government provides legal aid to Pallavi and covers travelling and maintenance expenses for both Pallavi and Girish during the investigation and trial. At the end of the year, the Central Government includes the State Government's measures in the annual report placed before each House of Parliament under Section 21(4) SC/ST Act.

FAQs on Section 21 SC/ST Act

What is Section 21 SC/ST Act?โ–ผ

Section 21 SC/ST Act obliges State Governments to take necessary measures for effective implementation of the SC/ST Act, such as legal aid, witness travel and maintenance expenses, victim rehabilitation, prosecution oversight, surveys, and safety measures in vulnerable areas. Section 21 SC/ST Act also requires the Central Government to coordinate State measures and place an annual report before each House of Parliament.

Does Section 21 SC/ST Act cover travelling and maintenance expenses for witnesses as well as victims?โ–ผ

Yes. Section 21(2)(ii) SC/ST Act includes providing travelling and maintenance expenses to witnesses, expressly including victims of atrocities. It covers both the investigation stage and the trial of offences under the SC/ST Act.

Is a State Government limited to only the seven measures listed in Section 21(2) SC/ST Act?โ–ผ

No. Section 21(2) SC/ST Act states that those seven items apply without limiting the broader duty in Section 21(1) SC/ST Act. A State Government must take whatever measures are necessary for effective implementation, subject to rules made by the Central Government.

How frequently must the Central Government report to Parliament under Section 21(4) SC/ST Act?โ–ผ

Annually. Under Section 21(4) SC/ST Act, the Central Government must, every year, place a report on the table of each House of Parliament covering the measures taken by the Central Government and by the State Governments under Section 21 SC/ST Act.

Does Section 21 SC/ST Act allow preventive safety steps in areas where atrocities are likely?โ–ผ

Yes. Section 21(2)(vii) SC/ST Act covers identifying areas where members of the Scheduled Castes and the Scheduled Tribes are likely to be subjected to atrocities and adopting measures to ensure safety for those members.

Who coordinates the implementation measures taken by different State Governments under Section 21 SC/ST Act?โ–ผ

The Central Government. Under Section 21(3) SC/ST Act, the Central Government must take such steps as may be necessary to coordinate the measures taken by State Governments under Section 21(1) SC/ST Act.

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Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ยท