primary law

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Rules, 2018

The Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu, through Notification No. SRO A-42/2018 published on August 22, 2018, republishes a Government of India Ministry of Social Justice and Empowerment notification dated June 27, 2018. The notification amends the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, including provisions on compensation for death, injury, sexual offences, acid attacks and property damage.

Category
Gazette notifications
Pages
2
Status
In force
Open the source document The official copy, as published. Opens in a new tab.
Source document Preview loads as you scroll

What the notification does

The Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu, published Notification No. SRO A-42/2018 on August 22, 2018. It republishes a notification issued in New Delhi on June 27, 2018 by the Government of India Ministry of Social Justice and Empowerment, Department of Social Justice and Empowerment.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Rules, 2018 further amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. The amendment rules state that they come into force on the date of publication in the Official Gazette.

Who may be affected

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Rules, 2018 are relevant to victims of atrocities and their dependants, particularly where an offence involves death, injury, rape, gang rape, unnatural offences, acid attacks or property damage.

For a property owner or buyer, the directly relevant provision concerns relief for damage to property. The amendment says that relief provided under the rules is additional to any other right to claim compensation under another law in force.

Key changes

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Rules, 2018 make the following changes:

  • They insert a definition of “voluntarily”, giving it the same meaning as in Section 39 of the Indian Penal Code.
  • They replace the provision dealing with relief for death, injury, rape, gang rape, unnatural offences, grievous hurt caused by acid, throwing or attempting to throw acid, and property damage.
  • They clarify that relief to a victim or dependant is in addition to any other legal right to claim compensation for the same matter.
  • They remove the words limiting the committee mentioned in rule 16 to not more than 25 members.
  • They revise entries in Annexure I concerning grievous hurt caused by acid and throwing or attempting to throw acid.
  • They replace “Rape or Gang rape” with “Rape, unnatural Offences or Gang rape” in the relevant schedule entry.
  • They also make a textual substitution in the entry at serial number 26.

This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.

Common questions

Does this notification change Tamil Nadu land ownership or registration rules?

The source does not change land ownership or registration rules. Its property-related provision concerns relief and compensation where an atrocity causes damage to property.

Can a victim claim other compensation as well as relief under these rules?

Yes. Relief for the listed harm, including property damage, is additional to any other right to claim compensation under another law in force.

Does the amendment cover acid attacks and sexual offences?

Yes. The amended provisions include grievous hurt caused by acid, throwing or attempting to throw acid, rape, gang rape and unnatural offences.

When do the amendment rules come into force?

The amendment rules state that they come into force on the date of their publication in the Official Gazette.