Standard operating procedure (SoP)

Procedure for Inquiry

Inquiry into specific complaints: The Commission is required to inquire into specific complaints with respect to the deprivation of rights and safeguards of Scheduled Tribes.In order to enable the Commission to perform this function effectively and efficiently, the Commission would like the members of Scheduled Tribes to know that it will be helpful to inquire into their grievances if they substantiate their complaints with supporting documents and quote the relevant provisions of the Act or Rules directions which have been violated.

The following aspects are required to be kept in mind while filing complaints before the Commission.

• The complaint should be directly addressed to the Chairperson/Vice-Chairperson/Secretary, National Commission for Scheduled Tribes, New Delhi or the heads of its State Offices.
• The complaints should disclose his full identity and give his full address and should sign the representation.
  
• Complaints should be legibly written or typed and, where necessary, supported by authenticated documents.
  
• No action will be taken on matters which are subjudice. Hence subjudice matter need not be referred to the Commission as complaint(s).
  
• Cases pending in courts or cases in which a court has already given its final verdict need not be taken up afresh with the Commission.

Enquiry into cases of atrocities

Whenever information is received in the Commission about any incident of atrocity against a person belonging to Scheduled Tribes, the Commission would immediately get in touch with the law enforcing and administrative machinery of the concerned State and the district to ascertain the details of incident and the action taken by the district administration.

The Commission ensures the following while by monitoring and issuing instructions to the concerned authorities:

• Whether the scene of occurrence of the crime has been visited immediately by Collector and Supdt. of Police of the district on receipt of information.
• Whether proper FIR is registered in local Police Station.
  
• Whether names of all the persons involved/cited by the complainant has been included in the FIR.
  
• Whether investigation has been taken up by a Senior Police Officer as per provisions of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  
• Whether culprits has been apprehended and booked without loss of time.
  
• Whether proper chargesheet has been filed mentioning the relevant sections of IPC together with the SCs & STs (POA) Act, 1989 in the Court.
  
• Whether the cases are tried by the Special Courts.
  
• Whether special Public Prosecutors are appointed to handle these cases.
  
• Whether Police assists the courts in bringing forward witnesses and see that the culprits are suitably punished by the courts.

The Commission also monitors to ensure that:

• the victims are provided with suitable medical assistance and on time;
• adequate protection is arranged for the victims of such incidents by providing police protection by stationing a police party, by patrolling, etc;
  
• to see that proper compensation is paid to the victims as per provisions of law.
  
• The Commission will, wherever possible depending upon the gravity and circumstances of the case, visit the place of incident to oversee the arrangements and to console and infuse confidence among the victims.
  
• The Commission has laid down detailed procedure for conducting such inquiries and monitoring all levels. Such inquiries can be conducted by the Members of the Commission or Teams of Investigators from Headquarters or State office of the Commission.