Model Answer

Introduction

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was established to combat the exploitation and violence faced by marginalized communities in India. The Act aims to provide legal protection against atrocities and discrimination while promoting social justice and equality.

Effective Protection Under the Act

One of the key successes of the Act is its role in increasing awareness and reporting of atrocities. For instance, in Rajasthan, the number of cases registered under the Act surged from 5,222 in 2017 to 8,744 in 2020, highlighting better reporting mechanisms and greater awareness among communities.

Additionally, the establishment of Special Courts under the Act has facilitated expedient trials, ensuring quicker justice for victims. A significant amendment in 2018 further enhanced the effectiveness by removing the requirement for preliminary police investigations before filing an FIR or making an arrest, streamlining the process for the victims (Source: Ministry of Law and Justice, 2018). The Act also ensures timely relief and rehabilitation, with 12,647 victims in Rajasthan receiving assistance in 2020-2021.

Furthermore, the Act includes provisions for the protection of victims and witnesses from intimidation. In 2022, police protection was provided to a Dalit groom in Uttar Pradesh during his wedding procession to prevent caste-based violence.

Barriers to Effective Implementation

Despite these positive outcomes, several challenges hinder the Act’s full implementation. One significant barrier is the fear of retaliation, especially in rural areas, where victims of atrocities are often intimidated by dominant caste groups. This discourages reporting and legal action.

Moreover, the low conviction rate remains a major issue. In Delhi, for instance, the conviction rate under the Act has been alarmingly low, with only 0 to 2 cases convicted per year (Source: Parliamentary Standing Committee Report, 2023). The misuse of the Act has also been a concern, as seen in the Supreme Court’s 2018 ruling in the Dr. Subhash Kashinath Mahajan case, which called for safeguards against false accusations while ensuring protection for genuine victims.

Lastly, inadequate awareness among law enforcement officers continues to be a barrier, as many officers lack proper training in handling cases under the Act.

Conclusion

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has played a crucial role in safeguarding marginalized communities from discrimination and violence. However, challenges like fear of retaliation, low conviction rates, and lack of awareness among law enforcement officers need to be addressed for more effective implementation.

Model Answer

Achievements of the Forest Rights Act

1. Empowered Gram Sabha
   The FRA has empowered local communities by involving the Gram Sabha in decision-making regarding forest governance. For instance, Mendha Lekha village in Maharashtra successfully secured Community Forest Resource (CFR) rights over 1,800 hectares, empowering the community in forest conservation and governanceender Justice**
   The Act promotes gender inclusion by mandating that at least one-third of the Gram Sabha quorum must be women. This ensures that women are included in decisions that affect their lives and access to forest resources .
2. Heritage
   FRA has been instrumental in preserving the cultural and ecological heritage of tribal communities. For example, the Dongria Kondhs in Odisha used the Act to resist a bauxite mining project in Niyamgiri Hills, protecting both their ancestral land and the forest .
3. Livelihooent
   By granting rights over forest resources, the Act has improved livelihoods. In Mendha Lekha, the community generated over Rs. 1 crore in turnover from bamboo harvesting under CFR rights .
4. Alignment with Glovation Goals
   The FRA’s recognition of forest rights aligns with international conservation commitments, such as those under the Convention on Biological Diversity, promoting sustainable forest management by the communities themselves .

Challenges in Implementati Bureaucratic Apathy

The involvement of multiple departments has created delays in land title approvals. Many CFR claims, like those in Nagarhole and Dudhwa Tiger Reserve, have been pending since 2009, causing frustration among tribal communities .

1. Lack of Awareness
   A significa of tribal populations remain unaware of their rights under the FRA due to low literacy rates (59% among tribals vs. 73% nationally) .
2. Gender Disparity in Data
   The absence o-disaggregated data** hinders understanding the full impact of FRA on women’s participation in forest governance .
3. Human Rights Violations
   Despite the Act, there instances of human rights violations, including false accusations of being associated with insurgent groups or police brutality, particularly in areas like Sundarban and Kaziranga .

Conclusion

The Forest Rights Act (FRA), 2006 has made addressing historical injustices and promoting democratic governance of forests, but challenges like bureaucratic delays, lack of awareness, and human rights abuses need to be tackled for the Act to fulfill its full potential.

Model Answer

Provision of Basic Amenities

One of the key aims of the PM-JANMAN scheme is to enhance the living conditions of PVTG households by ensuring access to essential services. This includes providing safe housing, clean drinking water, and education. These services are critical, as many PVTGs, especially those in remote areas, currently lack basic infrastructure and services that are necessary for their survival and development.

• Fact: Many PVTG communities live in remote areas with poor access to essential services, exacerbating their socio-economic difficulties.

Improved Healthcare Services

The scheme will address the significant health challenges faced by PVTGs. The Ministry of Ayush will establish Ayush Wellness Centres and provide Mobile Medical Units in tribal areas. This is essential as PVTGs suffer from health problems such as malnutrition and malaria, often due to limited access to healthcare facilities.

• Fact: PVTGs face poor health outcomes due to lack of sanitation, healthcare access, and low literacy levels.

Skill and Vocational Training

To combat economic issues, the PM-JANMAN scheme will focus on providing skill and vocational training to PVTGs, enabling them to engage in sustainable livelihoods. Training will be offered based on the specific needs of these communities, helping them gain marketable skills and break free from exploitative middlemen.

• Fact: Many PVTGs rely on traditional occupations that are becoming unsustainable, with a lack of market knowledge and resource limitations .

Enhanced Connectivity and Infrastructure

The scheme also focuses on improving road connectivity, mobile services, and electricity in remote tribal areas. These infrastructure improvements are crucial for addressing the isolation and ensuring PVTGs can access government schemes and services more effectively.

• Fact: PVTGs often live in areas with limited connectivity, hindering their access to economic and social opportunities.

Conclusion

PM-JANMAN plays a pivotal role in addressing the multiple challenges faced by PVTGs in India, focusing on the provision of basic services, healthcare, skill development, and connectivity. By ensuring better access to these resources, the scheme aims to uplift the socio-economic status of PVTGs and improve their overall quality of life.

Model Answer

Ensuring Police Accountability in India

In India, the police are frequently criticized for human rights violations, highlighting the challenges in ensuring their accountability. Despite existing mechanisms like The Police Act, 1861, and oversight bodies, issues persist, with rising cases of abuse of power and custodial deaths.

Challenges:

1. Recommendatory Nature of Independent Bodies: Bodies like the NHRC are limited by their recommendatory powers, hindering effective enforcement against police misconduct.
2. Non-Implementation of Judicial Guidelines: Absence of monitoring mechanisms for Supreme Court directives results in lax enforcement of regulations on police conduct, such as those from the Prakash Singh judgment.
3. Process-Oriented Complexities: Hierarchical constraints under The Police Act, 1861, impede accountability enforcement, with senior officers often unable to hold subordinates responsible due to time constraints and complexities.
4. Political Interference: Political meddling erodes police leadership authority, fostering undisciplined behavior and external influence-seeking within the force, weakening accountability mechanisms.
5. Lack of Citizen Involvement: Despite legal provisions for citizen oversight through writ petitions and PILs, lack of awareness and high costs deter citizens from holding the police accountable effectively.

Measures to Strengthen Accountability:

1. Restructuring Laws: Revising IPC, CrPC, and The Police Act, 1861, in line with democratic values is vital for effective policing in India.
2. Technological Integration: Implementing CCTV surveillance in police stations, as suggested in the Paramvir Singh Saini case, can enhance monitoring and accountability.
3. Implementation of Prakash Singh Guidelines: Enforcing SC directives on State Security Commissions and Police Complaints Authorities is crucial for enhancing oversight.
4. Reducing Power Concentration: Dividing police functions into distinct areas as proposed by the Second ARC can streamline accountability processes.
5. Revamped Police Training: Enhancing training to focus on human rights and social justice can mitigate instances of police brutality and misconduct.

By implementing these measures and upholding international human rights standards, India can work towards a more transparent and accountable police force that respects the rights of all citizens.

Model Answer

Challenges Faced by Particularly Vulnerable Tribal Groups (PVTGs)

1. Outdated Classification and Data Deficiency
   • The current PVTG list is outdated and repetitive, with overlaps such as Mankidia and Birhor in Odisha being considered separate groups.
   • Baseline surveys exist for only 40 of the 75 PVTGs, limiting effective policymaking.
     (Source: Anthropological Survey of India)
2. Impact of Developmental Projects
   • Large-scale projects like dams, mines, and industries often displace PVTGs, leading to loss of habitat and traditional livelihoods.
     (Source: Ministry of Tribal Affairs, India)
3. Livelihood Vulnerabilities
   • Reduced access to forests and environmental changes threaten their dependence on Non-Timber Forest Products (NTFPs). Middlemen often exploit them due to limited market knowledge.
4. Health Crises
   • PVTGs face high incidences of diseases like malaria, anemia, and gastrointestinal disorders, compounded by inadequate healthcare and vulnerability to external pathogens.

Measures to Address the Challenges

1. Comprehensive Data Collection
   • Conduct updated surveys on population, health, education, and vulnerabilities. Create vulnerability indices for targeted intervention.
2. Rights-Based Development
   • Protect land and habitat rights under the Forest Rights Act (FRA) and safeguard traditional livelihoods through supportive policies.
3. Healthcare Enhancement
   • Implement community-specific health programs and improve preventive and curative healthcare systems for PVTGs.
4. Culturally Sensitive Education
   • Develop curricula that respect cultural practices and integrate traditional knowledge, such as agro-biodiversity and local crafts.
5. Multi-Stakeholder Collaboration
   • Foster collaboration among government agencies, NGOs, and local communities for time-bound and inclusive development programs.

With a focused and inclusive approach, PVTGs can achieve sustainable growth and integration into mainstream development frameworks.