§23 — Power to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. [THE SCHEDULE [See section 3(2)(va)] Section under the Name of offence and punishment Indian Penal Code 120A Definition of criminal conspiracy. 120B Punishment of criminal conspiracy. 141 Unlawful assembly. 142 Being member of unlawful assembly. 143 Punishment for unlawful assembly. 144 Joining unlawful assembly armed with deadly weapon. 145 Joining or continuing in unlawful assembly, knowing it has been commanded to disperse. 146 Rioting. 147 Punishment for rioting. 148 Rioting, armed with deadly weapon. 217 Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. 319 Hurt. 320 Grievous hurt. 323 Punishment for voluntarily causing hurt. 324 Voluntarily causing hurt by dangerous weapons or means. 325 Punishment for voluntarily causing grievous hurt. 326B Voluntarily throwing or attempting to throw acid. 332 Voluntarily causing hurt to deter public servant from his duty. 341 Punishment for wrongful restraint. 354 Assault or criminal force to woman with intent to outrage her modesty. 354A Sexual harassment and punishment for sexual harassment. 354B Assault or use of criminal force to woman with intent to disrobe. 354C Voyeurism. 354D Stalking. 359 Kidnapping. 363 Punishment for kidnapping 365 Kidnapping or abducting with intent secretly and wrongfully to confine person. Section under the Name of offence and punishment Indian Penal Code 376B Sexual intercourse by husband upon his wife during separation. 376C Sexual intercourse by a person in authority. 447 Punishment for criminal trespass. 506 Punishment for criminal intimidation. 509 Word, gesture or act intended to insult the modesty of a woman.] STATEMENT OF OBJECTS AND REASONS Despite various measures to improve the socio-economic conditions of the Scheduled Castes and the Scheduled Tribes, they remain vulner-able. They are denied number of civil rights. They are subjected to various offences, indignities, humiliations and harassment. They have, in several brutal incidents, been deprived of their life and property. Serious crimes are committed against them for various historical, social and economic reasons. 2. Because of the awareness created amongst the Scheduled Castes and the Scheduled Tribes through spread of education, etc., they are trying to assert their rights and this is not being taken very kindly by the others. When they assert their rights and resist practices of untouchability against them or demand statutory minimum wages or refuse to do any bonded and forced labour, the vested interests try to cow them down and terrorise them. When the Scheduled Castes and the Scheduled Tribes try to preserve their self-respect or honour of their women, they become irritants for the dominant and the mighty. Oссupation and cultivation of even the government allotted land by the Scheduled Castes and the Scheduled Tribes is resented and more often these people become victims of attacks by the vested interests. Of late, there has been an increase in the disturbing trend of commission of certain atrocities like making the Scheduled Castes persons eat inedible substances like human excreta and attacks on and mass killings of helpless Scheduled Castes and Scheduled Tribes and rape of women belonging to the Scheduled Castes and the Scheduled Tribes. Under the circumstances, the existing laws like the protection of Civil Rights Act, 1955 and the normal provisions of the Indian Penal Code have been found to be inadequate to check these crimes. A special legislation to check and deter crimes against them committed by non-Scheduled Castes and non- Scheduled Tribes has, therefore, become necessary. 3. The term ‘atrocity’ has not been defined so far. It is considered necessary that not only the term ‘atrocity’ should be defined but stringent measures should be introduced to provide for higher punishments for committing such atrocities. It is also proposed to enjoining, on the States and the Union territories to take specific preventive and punitive measures to protect the Scheduled Castes and the Scheduled Tribes from being victimised and where atrocities are committed, to provide adequate relief and assistance to rehabilitate them. 4. The Bill seeks to achieve the above objects. DR. RAJENDRA KUMARI BAJPAI. NEW DELHI; The 7th August, 1989.