In a writ petition seeking the State’s direction to provide employment to the petitioner’s daughter, taking into account her educational qualifications and Rule 12(4) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, the Madras High Court, presided over by Justice L. Victoria Gowri, has granted the petitioner’s claim. This ruling is based on the recognition that the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, along with the corresponding provisions of the SC/ST Rules, 1995, constitute a special legislation that mandates the provision of basic pension and employment opportunities to the surviving family members of the deceased.
In the present case, the petitioner, a senior citizen, belongs to the Scheduled Caste Community. His elder son was tragically murdered by a member of the forward community in 2020. Following the identification of the deceased and the subsequent arrest of the accused by the police, the trial proceedings commenced. The District Collector was directed to provide compensation to the petitioner in accordance with the SC/ST Amendment Rules, 2016. However, the petitioner has another son and a daughter. Given that the surviving son is disabled, the petitioner sought employment opportunities for his surviving daughter, citing Rule 12(4) of the SC/ST Amendment Rules, 2016, through representations made to the State on March 17, 2022, and June 13, 2022.
The Court held that since the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the corresponding provisions of the SC/ST Rules, 1995, constitute a special legislative framework that explicitly mandates the provision of basic pension and employment to one of the surviving family members of the deceased, the petitioner’s claim is valid and should be granted.
The State contended that since compensation had already been provided to the petitioner, there was no need to consider employment for the surviving daughter. However, the Court deemed this argument untenable, given that the petitioner’s claim is based on the provisions of the Special Act. Consequently, the Court directed the State to provide employment opportunities to the petitioner’s daughter, taking into account her educational qualifications, within a period of twelve weeks.
Refference : https://www.scconline.com/blog/post/tag/caste-based-murder/
Name: Ritika keshari, College: Shambhunath Institute of Law, Semester: 2nd semester as a legal intern at Legal Vidhiya
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