Issues related to the role of National Commission for Scheduled Castes

  • Non-binding recommendations:
    • Atrocities against members of the Scheduled Castes account for 89% of the crimes against SCs and STs combined.
    • Even though the Commission has extensive powers of investigation and inquiry in this area and can fix responsibility and recommend action, its recommendations are not binding.
  • Less sensitive:
    • The existing priorities of the Commission are visibly lopsided in favour of the elite of these communities.
    • Since the Commission, for the most part, acts on complaints, it is said that commission have been less than sensitive to the poor Dalits which are engendered by the lack of education or information.
    • The Commission has not used its powers of suo motu cognisance actively enough.
  • Litigation:
    • In the matter of criminal investigation, that would require it to follow prevailing rules and procedures pertaining to evidence and prosecution.
    • This retards the effectiveness of the commission by rendering it vulnerable to litigation in the form of appeals to higher judicial bodies and thereby nullifying its operational effectiveness.
  • Delays:
    • There are delays in conducting the inquiry and in delivering judgements.
    • Moreover, there is a perception that the Commission tends to confirm the government’s position on most cases.
  • Irregularity:
    • The Commission is supposed to prepare an annual report for presentation to Parliament.
    • Reports are often tabled two or more years after they have been submitted to the President.
    • Even when Reports are tabled in Parliament, they are frequently not discussed.
  • Proliferation:
    • In many policy sectors, as in the case of the Scheduled Castes, the proliferation of institutions has created an institutional confusion in which the roles and powers of each are obfuscated.
    • The duplication and multiplication of institutions has created more confusion.