5 months ago
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For the past 7 years, the Special Court successful Pudukkottai designated to effort cases nether the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been functioning without a imperishable judge, severely affecting the proceedings of caste-based unit cases, advocates and activists person said.
The Special Court was established successful aboriginal 2018 and concisely had a imperishable justice earlier the station fell vacant pursuing a transfer. Since then, the tribunal has been functioning nether in-charge judges, adjacent arsenic tribunal staff, a nationalist prosecutor, and different enactment unit stay successful place.
The prolonged vacancy has travel into absorption amid delays successful high-profile cases, including the Vengaivayal incidental of December 26, 2022, successful which quality faece was recovered mixed successful the drinking h2o vessel of a Scheduled Caste settlement. Though the lawsuit was registered promptly, it was transferred to the CB-CID connected January 14, 2023, and the probe — involving DNA profiling and dependable illustration investigation — required repeated approvals from the peculiar court, which was being handled by in-charge judges, causing delays. Earlier this year, the lawsuit was moved to the Judicial Magistrate-II tribunal successful Pudukkottai aft provisions of the SC/ST (Prevention of Atrocities) Act were dropped. The substance remains sub judice.
Pudukkottai territory has witnessed respective superior instances of caste-based unit implicit the years, ranging from the signifier of the “two tumbler system” to convulsive attacks connected Scheduled Caste habitations. These recurring incidents had adjacent prompted Viduthalai Chiruthaigal Katchi (VCK) person Thol. Thirumavalavan to picture the territory arsenic a ‘atrocity-prone district’, demanding focused ineligible and administrative intervention. However, the precise tribunal meant to woody with specified cases continues to relation without a dedicated judge.
S. Malarmannan, associated caput of the Pudukkottai Bar Association, who represents the Scheduled Castes successful the Vengaivayal case, said the lack of a imperishable justice had severely weakened the transportation of justness nether the SC/ST (PoA) Act.
Adjournments galore
“When a Special Judge is appointed, determination are wide disposal targets fixed by the High Court. That accountability ensures cases determination forward. But erstwhile the tribunal is handled by an in-charge judge, hearings are often adjourned and cases stagnate,” helium said.
Nearly 300 cases nether the SC/ST (PoA) Act are pending successful the district. “With a dedicated judge, astatine slightest 100 cases tin beryllium disposed of without overmuch difficulty,” helium added.
Mr. Malarmannan pointed retired that the work of the Special Court has shifted repeatedly successful caller years. “Last year, the Family Court justice held charge. The twelvemonth before, it was the Mahila Court judge. At present, the Additional District Judge handling Economic Offences and NDPS cases is besides successful complaint of the SC/ST court. This changeless rotation affects continuity and depth,” helium said.
“A dedicated justice would beryllium acquainted with evolving jurisprudence of the act, applicable High Court and Supreme Court rulings, and the societal sensitivity these cases demand,” helium said.
Ramesh S., caput of the Pudukkottai District Bar Association, said judicial vacancies had reached alarming levels. “This is not constricted to Pudukkottai. Across Tamil Nadu, astir districts person 2 oregon 3 vacant territory justice posts, and adjacent cardinal courts present relation without imperishable judges,” helium said and added that the Bar Association had sought urgent involution from the Madras High Court.
Gandharvakkottai MLA and CPI(M) State committee subordinate M. Chinnadurai told The Hindu that representations had been made to the SC/ST Commission and higher authorities, but without immoderate result. “Even a lawsuit similar Vengaivayal, which drew nationalist and planetary attention, has not led to the assignment of a dedicated judge. There is precise small consciousness of the peculiar law. These provisions beryllium to support dignity, not simply to punish offenders. Weak implementation lone emboldens casteist forces,” helium said.
VCK wide caput and Member of Parliament D. Ravikumar said incidents of atrocities against Scheduled Castes were expanding successful Pudukkottai district, making it imperative to fortify Special Courts nether the SC/ST (PoA) Act.
“Special courts were created precisely due to the fact that mean transgression instrumentality mechanisms failed to code atrocities against marginalised communities. Without effectual functioning, these courts suffer their purpose,” helium said. Citing the 2023 National Crime Records Bureau (NCRB) data, Mr. Ravikumar noted the condemnation complaint nether the SC/ST (PoA) Act successful Tamil Nadu stood astatine conscionable 12%, acold beneath the nationalist mean of 39%. “Only with dedicated judges tin cases beryllium heard swiftly and justness delivered meaningfully,” helium said.
