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Tuesday 29 September 2015

Social & Some Important Legislation:

Social & Some Important Legislation:
Syllabus:

3.1 Indian society, Social Legislation as an instrument of Social Change.
3.2 The Protection of Human Rights Act, 1993
3.3 Protection to Women Women & Criminal Law [Under Indian
Constitution Law & criminal Procedure code]
3.4 Protection of Women From Domestic Violence Act-2005
3.5 The Protection of Civil Rights Act, 1955,
3.6 The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989,
3.7 Right to Information Act, 2005,
3.8 Environment (Protection) Act, 1986,
3.9 The Consumer Protection Act, 1986,
3.10 Information Technology Act, 2000,
3.11 The Prevention of Corruption Act, 1988
3.12 The Madhya Pradesh Lok Sewaon ke Pradan ki Guarantee Adhiniyam-  2010

The Protection of Human Rights Act, 1993
The UN General Assembly proclaimed 10 December as Human Rights Day in 1950, to bring to the attention ‘of the peoples of the world’ the Universal Declaration of Human Rights as the common standard of achievement for all peoples and all nations.
National Human Rights Commission constituted on 12 October, 1993.
http://nhrc.nic.in/documents/Publications/TheProtectionofHumanRightsAct1993_Eng.pdf

Complains can be register online to Madhya Pradesh Human Rights Commission.

Cases investigated by MPHRC:
1. Children working in Brick kiln factory.

Protection to Women Women & Criminal Law [Under Indian Constitution Law & criminal Procedure code]
Constitutional Laws:

 1. THE COMMISSION OF SATI (PREVENTION) ACT, 1987
Any attempt to commit sati or abetment of sati is punishable offence under the act. 
whoever attempts to commit sati and does any act towards such commission shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
if any person commits sati, whoever abets(abets meaning - encourage) the commission of such sati, either directly or indirectly, shall be punishable with death or imprisonment for life and shall also be liable to fine.

 2. THE CRIMINAL LAW (AMENDMENT) ACT, 2013
http://www.thehindubusinessline.com/news/new-tough-antirape-law-comes-into-force/article4576706.ece
Against the backdrop of the nation-wide outrage over the tragic Delhi gang-rape,
Nirbhaya (Fearless) incident of December 16,2012, propelled the Government of India (GOI)to drive the issue of violence against women (VAW) to the centre-stage of political discourse.Consequently, on December 22, 2012, GOIappointed a three-member judicial committeeheaded by the former Chief Justice of India,Justice J.S. Verma, who passed away on April22, 2013, Justice Leila Seth and GopalSubramanium requesting them to submit areport within 30 days. The key objective of the Commission was to review for possible amendments to the criminal law and suggest measures for faster trials and harsher penalties for vicious offences related to VAW. Takingfurther cognizance of the strident storm of public protests in general and a tribute to Nirbhaya (Fearless) in particular, on January 23,2013, the commission submitted its recommendations by identifying ‘lack of good governance’ as the central cause of VAW. Thecommission goes on to criticise thegovernment, the abysmal and old-fashionedpolice system alongside public apathy intackling VAW, and thereby, recommendsdramatic transformation in legislations.

Punishment for offences under the act:
  • Disobedience of law by a public servant (definition - Failure to record information in sexual offences cases;knowingly disobeying laws on investigation) - Punishable with rigorous imprisonment for six months to 2 years and fine.
  • Rape resulting in death or vegetative state(meaning of vegetative state - A coma-like state characterized by open eyes and the appearance of wakefulness is defined as vegetative) - Specific offence.Punishment 20 years to life imprisonment(rigorous imprisonment) or death.
  • Punishment for gang rape - 20 years to life imprisonment (rigorous imprisonment) and fine payable to the victim,that is reasonable to meet medical expenses
  • Rape by armed personnel - Specific offence. Shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life.
  • Responsibility of Hospital - Punishable with 1 year and/or fine.;all hospitals(public and private) shall immediately provide first aid and/or medical treatment free of cost to the victims of acid attack or rape and immediately inform the police, and failure to do so will attract punishment; 
  • Acid Attacks - Specific offence.Punishable with 10 years or life imprisonment and reasonable fine amount to meet medical expenses
  • Punishment for repeat offenders - Specific offence. Life imprisonment (rigorous imprisonment) or death.
  • The law, for the first time, defines stalking and voyeurism as non-bailable offences if repeated for a second time. 
  • Stalking definition - Following a woman,attempting to foster personal interaction despite indication of victim’s disinterest,spying, monitoring electronic communications.
  • Voyeurism definition - Watching a woman when she is engaging in a private act including sexual acts,use of lavatory, or when private parts are exposed.
  • Age of consent - 18 years
  • Marital rape - Is not an offence if the wife is over 16 years of age.
  • Recording of information by woman officer - In case of acid attack,sexual harassment,disrobing, voyeurism,outraging a woman’s modesty, rape (of all kinds) information would be recorded by woman officer.
  • Forcibly showing pornography - Punishable with rigorous imprisonment for up to 3 years imprisonment and/or fine.
  • Identification of accused - Judicial magistrate to undertake special procedures to assist differently abled persons in identification of the accused. Identification process to be video graphed.
  • Judicial Magistrate to record statement - Judicial Magistrate to record statement of the victim immediately after the police is informed in case of acid attack, rape, sexual harassment, disrobing,voyeurism etc. In case the victim is differently abled, the assistance of interpreters has to betaken and has to be video graphed.
  • Requirement to fast track - Trial to be held on day-to-day basis. In case of rape cases, trial to be completed in 2 months of filing of charge sheet.
  • Compensation - Compensation awarded by the State is in addition to what is payable by the accused.
3. THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012

4. THE DOWRY PROHIBITION ACT, 1961
In this Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage.
  • Penalty for giving and taking dowry -  If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.
  • Penalty for demanding dowry - If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees.
  • Ban on advertisement - If any person offers through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or of any money or both as a share in any business or other interest as consideration fore the marriage of his son or daughter or any other relatives, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years, or with fine which may extend to fifteen thousand rupees.
  • Dowry to be for the benefit of the wife or her heirs - Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman- if the dowry was received before marriage, within [three months] after the date of marriage.
  • Offence to be cognizable for certain purpose and to be non bailable under the act.
5. The Immoral Traffic (Prevention) Act, 1956
Punishment under the act:
  • Punishment for keeping a brothel or allowing premises to be used as a brothel.
  • Punishment for living on the earnings of prostitution.
  • Procuring, including or taking person for the sake of prostitution.
  • Detaining a person in premises where prostitution is carried on.
  • Both a person who carries on prostitution and a person with whom prostitution is carried on, in any premises within the notified areas or in the vicinity of public places, shall be punishable with imprisonment upto 3 months.
  • Seducing or soliciting for purpose of prostitution. - Whoever, in any public place or within sight of, and in such manner as to be seen or heard from, any public place, whether from within any building or house or not.
  • Search without warrant.

6. The National Commission for Women Act, 1990


7. THE PROHIBITION OF SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
BILL, 2010

At any workplace, no woman, shall be subjected to sexual harassment including unwelcome sexually determined behavior, physical contact, advances, sexually coloured remarks, showing pornography, sexual demand, request for sexual favours or any other unwelcome conduct of sexual nature whether verbal, textual, physical, graphic or electronic or by any other actions, which may include, but is not limited to -
 (i) implied or overt promise of preferential treatment in employment; or
(ii) implied or overt threat of detrimental treatment in employment; or 
(iii) implied or overt threat about the present or future employment status;
(iv) conduct which interferes with work or creates an intimidating or offensive or hostile work environment; or
(iv) Humiliating conduct constituting health and safety problems.
  • Constitution of Internal Complaints Committee - For the purpose of this Act, every employer of a work place shall constitute, by an Office Order in writing, an Internal Complaints Committee. Provided that where the offices or administrative units of the workplace are located at different places, the Committee shall as far as practicable be constituted at all administrative units or offices.
  • The Committee shall consist of the following members namely:- (a) a Chairperson, from amongst employees, who shall be a senior level woman, committed to the cause of women. In case a senior level woman employee is not available, the Chairperson shall be appointed from a sister organization or a non-governmental organization; (b) not less than two members from amongst employees committed to the cause of women or who have had experience in social work; and (c) one member from amongst such non governmental organisations or associations or other interests committed to the cause of women, as may be specified: Provided that atleast fifty per cent of the members so nominated shall be women.
  • The appropriate Government may appoint a District Magistrate or Additional District Magistrate or the Collector or Additional Collector as a District Officer for every District to carry out the functions under this Act. 
  • Constitution of Local Complaint Committee - Where at a workplace, constitution of the Committee is not possible or practicable, or where the Committee has not been constituted by the employer of any work place, or where the complaint is against the employer himself, the District Officer may, constitute one or more than one Local Complaints Committee as may be required.
8. MATERNITY BENEFIT ACT, 1961
  • No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
  • No woman shall work in any establishment during the six weeks immediately following the day of her delivery of her miscarriage. 
  • every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day. 
  • The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day.
Code of Criminal Procedure Act, 1973

124A - Sedition - Imprisonment for life and fine, or imprisonment for 3 years and
fine, or fine.

147 - Rioting - Imprisonment for 2 years, or fine, or both

148 - Rioting armed with a deadly weapon - Imprisonment for 3 years, or fine, or both.

302 - Murder - Death, or imprisonment for life, and fine.

304 B - Dowry death - Imprisonment of not less than seven years but which may extend to impri- sonment for life.
313 Causing miscarriage without woman's consent - Imprisonment for life, or imprisonment for 10 years and fine.

363  - Kidnapping - Imprisonment for 7 years and fine.

366 - Kidnapping or abducting a woman  to compel her marriage or to cause her defilement, etc. -  Imprisonment for 10 years and fine.

366A - Procuration of minor girl - Imprisonment for 10 years and fine.

366B - Importation of girl from foreign country - Imprisonment for 10 years and fine.

370 - Buying or disposing of any person as a slave - Imprisonment for 7 years and fine.

372 - Selling or letting to hire a minor for purposes of prostitution etc. - Imprisonment for 10 years , and fine.

376 - Rape - Imprisonment for life or imprisonment for ten years and fine.

376A - Intercourse by a man with his wife  during separation - Imprisonment for two years and fine.

376B - Intercourse by public servant with woman in his custody - Imprisonment for five years and fine.

376C - Intercourse by superintendent of jail, remand home, etc. - Imprisonment for five years and fine.

376D - Intercourse by manager, etc., of a hospital with any woman in that hospital - Imprisonment for five years and fine.

377 - Unnatural offences - Imprisonment for five years and fine.

416 - Postponement of capital sentence pregnant woman - If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to imprisonment for life.

494 - Marrying again during the lifetime of a husband or wife. - Imprisonment for 7 years and fine.

497 - Adultery (voluntary sexual intercourse between a married person and a person who is not his or her spouse) - Imprisonment for 5 years, or fine, or both.

498A  - a woman being subjected to cruelty by her husband or his relatives

509 - Uttering any word or making any gesture intended to insult the  modesty of a woman, etc. - Simple imprisonment for 1 year, or fine, or both.

Protection of Women From Domestic Violence Act-2005
Definition of Domestic violence -  
(a) harms or injures or endangers the health, safety, life, limb or well‑being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security.

 Duties of shelter homes— If an aggrieved person or on her behalf a Protection Officer or a service provider requests the person in charge of a shelter home to provide shelter to her, such person in charge of the shelter home shall provide shelter to the aggrieved person in the shelter home.

 Duties of medical facilities — If an aggrieved person or, on her behalf a Protection Officer or a service provider requests the person in charge of a medical facility to provide any medical aid to her, such person in charge of the medical facility shall provide medical aid to the aggrieved person in the medical facility.

 Appointment of Protection Officers —
(1) The State Government shall, by notification, appoint such number of Protection Officers in each district as it may consider necessary and shall also notify the area or areas within which a Protection Officer shall exercise the powers and perform the duties conferred on him by or under this Act.
(2) The Protection Officers shall as far as possible be women and shall possess such qualifications and experience as may be prescribed.

Duties and functions of Protection Officers —
(1) It shall be the duty of the Protection Officer—
(a) to assist the Magistrate in the discharge of his functions under this Act;
(b) to make a domestic incident report to the Magistrate
(c) to ensure that the aggrieved person is provided legal aid 
(d) to maintain a list of all service providers providing legal aid or counselling, shelter homes and medical facilities in a local area within the jurisdiction of the Magistrate


Right to reside in a shared household —
(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent(meaning of respondent - a defendant in a lawsuit, especially one in an appeals or divorce case) save in accordance with the procedure established by law.

Monetary reliefs —
While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to—
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973.
The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.
The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.
The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub‑section.
Upon the failure on the part of the respondent to make payment in terms of the order under sub‑section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent

Compensation orders — In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.

Penalty for breach of protection order by respondent —
(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under sub-section (1) of section 31 shall be cognizable and non-bailable.

Penalty for not discharging duty by Protection Officer — If any Protection Officer fails or refuses to discharges his duties as directed by the Magistrate in the protection order without any sufficient cause, he shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.

The Protection of Civil Rights Act, 1955
An Act to prescribe punishment for the ¹[preaching and practice of - “Untouchability” for the enforcement of any disability arising therefrom for matters connected therewith.

Punishment for enforcing religious disabilities. Whoever on the ground of" untouchability" prevents any person-
(a) from entering any place of public worship which is open to other persons professing the same religion or any section thereof, as such person; or
(b) from worshipping or offering prayers or performing any religious service in any place of public worship, or bathing in, or using the waters of, any sacred tank, well, spring or
water- course, river or lake or bathing at any ghat of such tank, water- course, river or lake] in the same manner and to the same extent as is permissible to other persons professing or any section thereof, as such the same religion, or any section there of, as such person; shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be rot less than one hundred rupees and not more than five hundred rupees.

Punishment for enforcing social disabilities. Whoever on the ground of" untouchability" enforces against any person any disability with regard to-
(i) access to any shop, public restaurant, hotel or place of public entertainment; or
(ii) the use of any utensils, and other articles kept in any public restaurant, hotel, dharmshala, sarai or musafirkhana for the use of the general public or of 4 any section thereof]; or
(iii) the practice of any profession or the carrying on of any occupation, trade or business or employment in any job]; or
(iv) the use of, or access to, any river, stream, spring, well, tank, cistern, water- tap or other watering place, or any bathing ghat, burial or cremation ground, any sanitary convenience, any road, or passage, or any other place of public resort which other members of the public, or, have a right to use or have access to; or
(v) the use of, or access to, any place used for a charitable or a public purpose maintained wholly or partly out of State funds or dedicated to the use of the general public; or
(vi) the enjoyment of any benefit under a charitable trust created for the benefit of the general public; or
(vii) the use of, or access to, any public conveyance; or
(viii) the construction, acquisition, or occupation of any residential premises in any locality, whatsoever; or
(ix) the use of any dharmshala, sarai or musafirkhana which is open to the general public, or to 1 any section thereof]; or
(x) the observance of any social or religious custom, usage or ceremony or 2 [ taking part in, or taking out, any religious social or cultural procession]; or
(xi) the use of jewellery and finery; 
shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

Punishment for refusing to admit persons to hospitals etc. Whoever on the round of" untouchability" shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

Punishment for refusing to sell goods to render services. Whoever on the ground of" untouchability" refuses to sell any goods or refuses to render any- service to any person at. the same time and place and on the same terms and conditions at or on which such goods are sold or services are rendered to other persons in the ordinary course of business shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

Whoever commits any offence against the person or property of any individual as a repraisal or revenge for his having exercised any right accruing to him by reason of the abolition of" untouchability" under article 17 of the Constitution, shall, where the offence is punishable with imprisonment for a term exceeding two years, be punishable with imprisonment for a term which shall not be less than two years and also with fine.

Unlawful compulsory labour when to be deemed to be a practice of untouchability.
(1) Whoever compels any person, on the ground of" untouchability", to do any scavenging or sweeping or to remove any carcass or to flay any animal or to remove the umbilical cord or to do any other job of a similar nature, shall be deemed to have enforced a disability arising out of" untouchability".
(2) Whoever is deemed under sub- section to have enforced a disability arising out of" untouchability" shall be punishable with imprisonment for a term which shall not be less than three months and not more than six months and also with fine which shall not be less than one hundred rupees and not more than five hundred rupees.

Cancellation or suspension of licences in certain cases. When a person who is convicted of an offence under section 6 holds any licence under any law for the time being in force in respect of any profession, trade, calling or employment in relation to which the offence is committed, the court trying the offence may, without prejudice to any other penalty to which such person may be liable under that section, direct that the licence shall stand cancelled or be suspended for such period as the court may deem fit, and every order of the court so cancelling or suspending a licence shall have effect as if it had been passed by the authority competent to cancel or suspend the licence under any such law.

Enhanced penalty on subsequent conviction. Whoever having already been convicted of an offence under this Act or of an abetment of such offence is again convicted of any such offence or abetment, 1 shall, on convection, be punishable-
(a) for the second offence, with imprisonment for a term of not less than six months and not more than one year, and also
(b) for the third offence or any offence subsequent to the third offence, with imprisonment for a term of not less than one year and not more than two years, and also with fine which shall be not less than five hundred rupees and not more than one thousand rupees.

Offences by companies.
(1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Protection of action taken in good faith.
(1) No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government for anything which is in good faith done or intended to be done under this Act.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Punishments for offences of atrocities. —
(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,—
(i) forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance;
(ii) acts with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood;
(iii) forcibly removes clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;
(iv) wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred;
(v) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water;
(vi) compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do ‘begar’ or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government;
(vii) forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law;
(viii) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe;
(ix) gives, any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;
(x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;
(xi) assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty;
(xii) being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed;
(xiii) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or the Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used;
(xiv) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to;
(xv) forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.

Punishment for neglect of duties. — Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

Enhanced punishment for subsequent conviction. — Whoever, having already been convicted of an offence under this Chapter is convicted for the second offence or any offence subsequent to the second offence, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.

Forfeiture of property of certain persons. —
(1) Where a person has been convicted of any offence punishable under this Chapter, the Special Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the person, which has been used for the commission of that offence, shall stand forfeited to Government.
(2) Where any person is accused of any offence under this Chapter, it shall be open to the Special Court trying him to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial, be attached, and where such trial ends in conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose of realisation of any fine imposed under this Chapter.

section 10 - Removal of person likely to commit offence. —
(1) Where the Special Court is satisfied, upon a complaint or a police report that a person is likely to commit an offence under Chapter II of this Act in any area included in ‘Scheduled Areas’ or ‘Tribal Areas’ as referred to in article 244 of the Constitution, it may, by order in writing, direct such person to remove himself beyond the limits of such area, by such route and within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding two years, as may be specified in the order.

Taking measurements and photographs, etc., of persons against whom order under section 10 is made.—
(1) Every person against whom an order has been made under section 10 shall, if so required by the Special Court, allow his measurements and photographs to be taken by a police officer.

Penalty for non-compliance of order under section 10.— Any person contravening an order of the Special Court made under section 10 shall be publishable with imprisonment for a term which may extend to one year and with fine.

Special Court.— For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act.

Special Public Prosecutor.— For every Special Court, the State Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that court.

Power of State Government to impose collective fine. — The provisions of section 10A of the Protection of Civil Right Act, 1955 (22 of 1955) shall, so far as may be, apply for the purposes of imposition and realisation of collective fine and for all other matters connected therewith under this Act.

Preventive action to be taken by the law and order machinery —
(1) A District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate or any police officer not below the rank of a Deputy Superintendent of Police may, on receiving information and after such inquiry as he may thinks necessary, has reason to believe that a person or a group of persons not belonging to the Scheduled Castes or the Scheduled Tribes, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any offence under this Act and is of the opinion that there is sufficient ground for proceeding, declare such an area to be an area prone to atrocities and take necessary action for keeping the peace and good behaviour and maintenance of public order and tranquillity and may take preventive action.

Protection of action taken in good faith. — No suit, prosecution or other legal proceedings shall lie against the Central Government or against the State Government or any officer or authority of Government or any other person for anything which is in good faith done or intended to be done under this Act.

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