NAC Draft Recommendations to POA Act Amendments - Requesting to send your comments to NAC
Greetings
Happy to inform you that NAC has uploaded their set of recommendations for Amendments to the Preventions of Atrocities Act which were prepared based on the recommendations by NationalCoalition and are now open for public opinion (http://nac.nic.in/pdf/poa_recommendations.pdf). Though they uploaded on 13th Feb, we were not able to update you all immediately as all of know that we were in Pune to follow up the case of brutal killing of Mr. Chandrakant in Maharashtra who was one of our volunteers and who also played a role in amendments campaign in the state.
After Dalit Adivasi Sammelan on 23rd Nov 12, NAC organized several discussions along with Justice AP Shah, Ministry of Social Justice, Home Affairs, Law and Justice and Tribal Affairs to make them to understand the justifications for proposed amendments. As coalition we also met Ms. Kumari Selja, Minister of MSJE and briefed her in detail and she reiterated to introduce the amendments in next parliamentary sessions.
As all of you know that we proposed amendments under nine categories and following give you quick glance of the NAC recommendations to our proposals for amendments. We are also attaching a detailed table of comparison for your understanding and feedback.
| S.No | Coalition Proposal | NAC Recommendations |
| 1. | Amendments to Include New offenses | Included several offenses proposed by coalition as well as some additional offenses |
| 2. | Amendments to Ensure Speedy Trial | Recommended establishment of dedicated special courts and PPs with time bound trial. |
| 3. | Deletion of words such as intent, intention, on the ground etc | Accepted the necessity of minimizing the requirement of mens rea as an ingredient to prove the offense and recommended to define offenses with strict liability. |
| 4. | Rights of Victims and Witnesses | Recommended as a separate chapter |
| 5. | Expanding Scope of Presumption | Included |
| 6. | Enhancement of Compensation | Recommended to enhance annually to inflation |
| 7. | Inclusion of Dalit Christians and Migrants for the purpose of the Act | Not recommended |
| 8. | National and State level Monitoring and Enforcement Authority | Not recommended |
| 9. | Enhancement of Punishment | Not recommended |
It will be good to ensure as many as responses are sent to NAC Chairperson on or before 27thFeb 13 with the demand to ensure introduction of Bill on amendments in the ensuing parliament sessions. Hence I request you all to write to NAC on behalf of your organizations and also encourage activists and network to respond on the recommendations
MSJE is also organizing a conference with state level welfare ministers to discuss on the amendments.
Looking forward to hear from you
With warm regards
Prasad
General Secretary
NCDHR - National Dalit Movement for Justice (NDMJ)
7/58, Ist Floor,
South Patel Nagar,
New Delhi-110008
Tel:+11 45009309 / 25842251
Fax: +11 25843569
Mobile: +91 99588 90176
Email: sdjmprasad@gmail.com
sdjmprasad@ncdhr.org.in
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