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BRIEF NOTE ON
THE DUTIES AND FUNCTIONS OF PCR CELL POLICE STATIONS IN THE
UNION TERRITORY OF PUDUCHERRY
INTRODUCTION
(1) A
separate Cell was constituted in Puducherry and the same started
functioning from February 1982. P.C.R. Cell Units were also
started in Karaikal and Yanam in the year 1987. Prior to the
formation of this Cell, PCR Act, cases were registered and
investigated by the C.I.D. Unit, Puducherry.
(2) The
Protection of Civil Rights Cell, Puducherry is located in
Puducherry Region at Shanmugapuram at a distance of 6 Kms from
Police Head Quarters. This PCR Cell is functioning in the
Government building from 30.10.99. Prior to that the CID
Police Station and ‘D’ Nagar Police Station were functioning in
this building.
(3) The
PCR Cell Unit is registering and investigating cases under the
PCR Act, 1955 and the SC/ST(POA) Act, 1989. In addition to the
investigation and prosecution Criminal cases under these acts,
the officers of the cell are also making enquiries on the
related complaints and also indulge in the collection of
intelligence about the atrocities, ill-treatment and practice of
the “untouchability” and other relevant social evils.
(4) The
PCR Act cases are registered and investigate by the Inspector
and Sub-Inspectors of Police under the immediate supervision of
the Supdt. of Police(PCR Cell), Puducherry. The legal opinion
of the Director of Prosecution, Puducherry is being sought in
regard to the disposal of all cases under PCR Act, 1955.
(5) The
cases under SC/ST(POA) Act, 1989 are being investigated by Supdt.
of Police, P.C.R. Cell. After having completed investigation
of the cases, the Director of Prosecution is being consulted in
regard to the disposal of the cases. The Assistant Public
Prosecutor has been entrusted with the function of conducting
the prosecution of the P.C.R. Act cases in the courts of the
concerned Judicial Magistrate, the Additional Public Prosecutor
is conducting the prosecution of the case under SC/ST (POA) Act,
1989, in the court of II Additional District Session Judge,
Puducherry.
(6) In
the Union Territory of Puducherry untouchability is not
practiced in a virulent form. Some stray cases alleging
harassment to Scheduled caste people arising out of
untouchability are reported and hence taken up by the PCR Cell.
No discrimination was shown to the members of the Scheduled
Castes in public places like Hotels, Restaurants and Temples on
the grounds of untouchability. The service of Dhobis/Barbers is
fairly available to Scheduled caste people in the Union
Territory of Puducherry including even in the small hamlets
without discriminations.
(7) The
staff members of PCR Cell are frequently visiting rural and
urban areas. The provisions of PCR Act and evils of
untouchability and heinous practices are explained to the public
to avoid any hardship to “Scheduled Caste People”. The PCR Cell
is presently performing the following duties.
1. Visiting all Harijans villages and educating them the need to
develop and maintain cordiality with other communities.
2. Collecting intelligence about atrocities, torture, III –
treatment and practice of untouchability
3.
Collecting information about agriculture wage disputes and
arranging amicable and early settlements with land owners/Caste
Hindus.
4.
Functioning as Liaison Officer between the Harijans and other
Government Enforcement Agencies during communal disturbances
though they are very rare in this Union Territory.
5. Forming mobile squads in rural areas of Puducherry/Karaikal and
Yanam.
6. Enquiring into details of petitions received through Harijans
Association and Director of Welfare of SC/ST
7. Conducting enquiries on allegations leveled by Harijans against
rival communities and vice versa.
8. Most
of the cases registered in the PCR Cell Unit have ended in
acquittal for the obvious reasons that all the concerned
incidences occurred either in drunken brawl or due to sudden
provocation that both the complaint parties (SC/ST) and the
accused parties (Caste Hindus) want live in amity after the such
occurrence and as a result most of the witnesses concerned are
turning hostile in the open court during the trial of the
cases. Moreover there is no area in the U.T. of Puducherry
prone to the occurrence offences under PCR Act, 1955 and SC/ST(POA)
Act, 1989.
9. However strict Vigilance is being maintained to prevent such
atrocities to be committed by higher caste people against the
SC/ST people. PCR Cell has been taking immediate necessary
action as and when warranted.
PROVISIONS OF
ADEQUATE FACILITIES AND
LEGAL AID:
The
PCR Cell units have been formed in the outlying Regions of
Karaikal, Yanam in order to extend more facilities to the
Scheduled Caste people to seek redressal of their grievances
through PCR Cell units in their respective regions.
Regarding legal aid to those who have been subjected to any
disability arising out of untouchability, cases registered in
PCR Cell based on the complaint of such affected people. The
complainants need not engage any lawyer to conduct their cases
in courts for claiming compensation.
APPOINTMENT OF
OFFICERS FOR EXERCISING SUPERVISION
OVER
PROSECUTION:
The Directorate of
Prosecution functioning under the Law Department is exercising
effective supervision over prosecution conducted by the
Assistance Public Prosecutors.
SETTING UP OF
SPECIAL
COURT:
No Special Court
was set up in the Union Territory of Puducherry to try the
offences under PCR Act, 1955. Taking into consideration of
registration of minimum number of cases the Government have
vested powers to the Judicial Magistrates, Puducherry, Karaikal
and Yanam to try the offences under this Act.
SPECIAL COURT:
As per G.O.
Ms.No.24/90-LLD, dt.30.03.1990 the Lieutenant Governor,
Puducherry with concurrence of the Chief Justice of the High
Court, Madras, has Specified the II Additional Session Judges,
Puducherry to be special Judge for the whole Union Territory of
Puducherry to try the offences under the SC/ST(Prevention of
Atrocities ) Act, 1989).
Appointment of Special Public
Prosecutor to conduct the cases of atrocities on SCs/STs in the
Special Courts (
Section 15 of POA).
Thiru. R.
Singaravelu, Senior Advocate has been appointed as Special
Public Prosecutor to handle cases tried in the Special Court
vide G.O. Ms. No.57/2006-LD dt.19.07.06 of Law Department,
Puducherry for the purpose of the said Act.
IMPLEMENTATION OF THE PROTECTION OF CIVIL RIGHTS ACT, 1955
1. As
regards the provision of adequate facilities including legal aid
to the persons subjected to any disability arising out of
“untouchability” to enable them to avail themselves of such
rights, cases are being registered by the PCR Cell Unit,
Puducherry depending upon the nature of offences committed.
Immediate relief such as food, water, clothing, shelter, medical
aid, transport facilities and other essential items necessary
for human being are being provided to the affected victims as
prescribed under Rule 12(4) of Scheduled Caste/ Scheduled Tribes
(Prevention of Atrocities) Rules 1995. The assessment of the
value of properties damaged during such occurrence are being
obtained by the PCR Cell Unit from the Revenue Department,
Puducherry and the same is communicated to the Director,
Adi-Dravidar Welfare Department for providing necessary relief
to the affected persons. The Department of Adi-Dravidar Welfare
will provide 25% of the value of damages immediately to the
affected persons and the relief regarding the remaining 75 % of
the damages will be provided to the affected persons, soon after
the disposal of the concerned case in the Court.
2. As
regards the prosecution of Protection of Civil Rights Act cases
the Government has appointed the Assistant Public Prosecutor
through Law Department for conducting Prosecution of the cases
under this Act.
3. Taking into consideration of the registration of minimum number
of cases, the Government has vested powers to the Judicial
Magistrates, Puducherry, Karaikal and Yanam to try the offences
under Protection of Civil Rights Act.
4. The
Protection of Civil Rights Cell is functioning under the
immediate supervision of Superintendent of Police (PCR Cell) and
under the direct control of Senior Supdt. of Police(Crime and
Intelligence) and the Inspector General of Police, Puducherry
is reviewing the cases under the provisions of the Protection of
Civil Rights Act, 1955 every month. Apart from this the
Secretary Welfare, Puducherry is also conducting review meeting
periodically that is once in three months to survey the working
of the provision of this Act with a view to suggesting measures
for the better implementation of the provisions of this Act.
5. There is no prone area in the Union Territory of Puducherry as
far as the Protection of Civil Rights Act, 1955 is concerned.
IMPLEMENTATION OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT, 1989
1. As
regards the provision for adequate facilities including legal
aid to persons subjected to atrocities to enable them to avail
themselves of Justice, the Director, Adi-Dravidar Welfare
Department, Puducherry is providing necessary facilities to the
affected persons as in the cases of Protection of Civil Rights
Act, 1955.
As per the G.O.Ms.
No.24/90/LLD, dt.30.03.1990 the Lieutenant Governor, Puducherry
with the concurrence of the Chief Justice of the High Court,
Madras, has specified the II Additional Sessions Judge,
Puducherry to be the Special Judge for the whole Union Territory
of Puducherry to try the offences under the scheduled Caste and
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The
trial Courts are providing for traveling and maintenance
expenses to the witnesses including the victims of atrocities
during the trial of offences under this act.
PROSECUTION
As
regards the prosecution of Scheduled Caste and Scheduled Tribe
(Prevention of atrocities) Act, 1989 cases concerned the
Government has appointed the Additional Public Prosecutor
through Law Department for conducting the prosecution.
3. The
protection of Civil Rights Cell is functioning under the
immediate control of Superintendent of Police (PCR Cell) and
under the direct control of senior Superintendent of Police
(Crime and Intelligence). The Inspector General of Police,
Puducherry is reviewing the cases under the provisions of the
Scheduled caste Scheduled Tribes (Prevention of Atrocities) Act,
1989 cases every month. Apart from this the Secretary Welfare,
Puducherry is also conducting review meeting periodically that
is once in three months to survey the working of the provision
of this Act with a view to suggesting measures for the better
implementation of the provisions of this Act.
4. There is no prone area in the Union Territory of Puducherry as
far as the Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989 is concerned.
VEHICLES
Particulars of vehicles available in
PCR Cell, Puducherry one light vehicle Maruthi Gypsy bearing
Reg. No. PY 01 G 0055, three Motor Cycles bearing Reg. Nos. PY
01 G 0222, PY 01 G 0311, PY 01 G 0312, one TVS APACHE Motor
Cycle bearing Reg.No.PY 01 G 9970 and TVS XL SUPER two wheeler
bearing Reg. Nos. PY 01 G 9967 were allotted to the PCR Cell
Police Station, Puducherry.
COMMUNICATION:
One
static wireless set is installed in the Police Station for
Communication purpose.
8 (G). PROTECTION
OF CIVIL RIGHTS CELL
In order to protect and uplift the
Scheduled Castes and Scheduled Tribes from social inequalities,
the Constitution of India extended certain privileges to these
Communities. The Untouchability (Offences) Act, 1955, was
amended with additional provisions and renamed as the Protection
of Civil Rights Act, 1955. Protections of Civil Rights Cells are
functioning in Puducherry, Karaikal and Yanam Regions. The
Government of India Ministry of Social Justice and Empowerment
is meeting the entire expenditure.
The
strength of the executive personnel is adequate. But the
strength of ministerial staff and vehicles as recommended needs
to be sanctioned.
As
recommended by the National Police Commission, non-cognizable
cases reported by these classes need not be investigated by the
cells as that would amount to favoring only one community. But
adequate number of Legal Aid Centers may be established and
attached to the PCR Cells. Wide publicity could be given so that
the affected Scheduled Caste members can approach these centers
for legal aid.
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