Section 21: Duty of Government to Implement the Act

A statute does not protect anyone by existing. It protects when police register cases, courts sit, prosecutors appear, relief reaches the victim's hand and committees actually meet. Section 21 is where the Act turns from prohibitions into obligations on the State. It makes State Governments responsible for effective implementation, lists seven kinds of measures from legal aid to identification of atrocity-prone areas, makes the Central Government responsible for coordination, and requires an annual report to Parliament. The Rules of 1995 give each duty a named officer and a deadline. This note explains Section 21 clause by clause, the chain of implementation from Parliament to the sub-division, and the remedies available when the State machinery fails.

Section 21(2): seven measures and the Rules that carry them out

Figure 1: Section 21(2): seven measures and the Rules that carry them out

1. The Statutory Text

Section 21

(1) Subject to such rules as the Central Government may make in this behalf, the State Government shall take such measures as may be necessary for the effective implementation of this Act.

(2) In particular, and without prejudice to the generality of the foregoing provisions, such measures may include,— (i) the provision for adequate facilities, including legal aid, to the persons subjected to atrocities to enable them to avail themselves of justice; (ii) the provision for travelling and maintenance expenses to witnesses, including the victims of atrocities, during investigation and trial of offences under this Act; (iii) the provision for the economic and social rehabilitation of the victims of the atrocities; (iv) the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act; (v) the setting up of committees at such appropriate levels as the State Government may think fit to assist that Government in formulation or implementation of such measures; (vi) provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provisions of this Act; (vii) the identification of the areas where the members of the Scheduled Castes and the Scheduled Tribes are likely to be subjected to atrocities and adoption of such measures so as to ensure safety for such members.

(3) The Central Government shall take such steps as may be necessary to co-ordinate the measures taken by the State Governments under sub-section (1).

(4) The Central Government shall, every year, place on the table of each House of Parliament a report on the measures taken by itself and by the State Governments in pursuance of the provisions of this section.

Section 21 has not been amended since 1989. Its duties have been sharpened instead through Chapter IVA (Section 15A), added in 2016, and through the Rules.

2. The State Government’s Duty: Section 21(1)

'Shall'. The duty is mandatory. The State must take 'such measures as may be necessary' for effective implementation; the choice of measures is the State's, but the duty to take them is not optional.
'Subject to such rules'. The State acts within the framework of the Rules made by the Central Government under Section 23, which fix minimum standards the State cannot go below.
'Effective implementation'. The test is effect, not form. A notified Special Court that never sits, or a committee that exists only on paper, does not satisfy the duty.

💡 Analogy: the building and the lift

The Act is a tall building with protection on every floor. Section 21 is the lift that carries victims up to it. If the lift is out of order, the building might as well not exist for those who cannot climb. The State Government is responsible for keeping the lift running; the Centre inspects it; Parliament reads the maintenance report every year.

3. The Seven Measures: Section 21(2)

(i) Adequate facilities and legal aid

Victims must have the practical means to reach justice: legal aid, information, transport and support. Section 15A(11)(m) requires the State's scheme to provide adequate briefing and legal aid for trial, and Section 15A(12) lets victims take the help of NGOs, social workers and advocates. The legal services authorities provide free legal aid, and Scheduled Caste and Scheduled Tribe members are among those entitled to it by law.

(ii) Travelling and maintenance expenses for witnesses

A day in court costs a daily wage labourer a day's pay and the bus fare. Rule 11 provides for travel by rail or bus, reimbursement of transport, an attendant for women, children, the elderly and persons with disabilities, daily maintenance at not less than the minimum wage for agricultural labourers, and payment immediately and in any case within three days. Section 15A(6)(b) makes the Special Court responsible for providing these expenses.

(iii) Economic and social rehabilitation

Relief. Rule 12 requires the District Magistrate to provide relief within seven days in cash, kind or both, according to the norms in Annexure I, which since 2016 cover forty-seven kinds of offences.
Rehabilitation. The contingency plan under Rule 15 must provide for land, house sites, housing, employment for dependants of deceased victims, pensions and basic amenities.
Relief tied to proceedings. The Delhi High Court has held that where an FIR is quashed on settlement, relief paid under the Rules must be returned, since it is linked to the continuation of legal proceedings (Balbir Meena v. State (NCT of Delhi), 2024).

(iv) Supervisory officers for prosecution

Rule 4 provides for panels of Special Public Prosecutors, half-yearly and monthly reviews, and engagement of eminent senior advocates. Rule 9 requires a nodal officer at the State level, and Rule 10 a special officer in identified areas, to coordinate the work of the police, the district administration and the prosecution.

(v) Committees

Vigilance and Monitoring Committees are required at three levels: a State committee chaired by the Chief Minister, meeting at least twice a year in January and July (Rule 16); district committees chaired by the District Magistrate (Rule 17); and sub-divisional committees chaired by the Sub-Divisional Magistrate (Rule 17A), each meeting at least once every three months. They review relief, investigation, prosecution and the implementation of victims' rights.

(vi) Periodic survey

The State must periodically survey how the Act is working and suggest improvements. Rule 14 requires reviews by the State Government, and Rule 18 requires the State to send material for the annual report to the Central Government.

(vii) Identification of atrocity-prone areas and preventive measures

The State must identify areas where atrocities are likely and adopt measures to ensure safety. Rule 3 lists preventive measures, Rule 8 creates the SC/ST Protection Cell, Section 17 gives district officers preventive powers, and since 2016 Section 10 allows externment from such identified areas (Topics 28 and 33).

4. The Central Government’s Role

Who does what: the implementation chain

Figure 2: Who does what: the implementation chain

Coordination: Section 21(3)

Coordination. The Central Government must coordinate the measures of the States, through the Ministry of Social Justice and Empowerment and a committee that periodically reviews implementation with the States.
Funding. Under the Centrally Sponsored Scheme for implementation of the Protection of Civil Rights Act and the Prevention of Atrocities Act, the Centre shares expenditure on the enforcement machinery, relief and awareness with the States, generally on a fifty-fifty basis beyond the committed liability, and bears the full cost for Union territories without a legislature.
National helpline. A National Helpline Against Atrocities (14566) was set up in 2021-22 to register complaints and give information to victims.
Rule-making. The Centre makes the Rules under Section 23, fixing uniform minimum standards (Topic 38).

Annual report to Parliament: Section 21(4)

Every year the Central Government must place before both Houses of Parliament a report on the measures taken by itself and the States. The reports draw their crime data from the National Crime Records Bureau and compile State returns sent under Rule 18. The report is Parliament's instrument of accountability: it shows cases registered, charge-sheeting, conviction rates, pendency, Special Courts established and relief paid. In practice the reports are published with a considerable time lag, which weakens their value as a real-time check.

5. Section 21 and the Rules, 1995

Measures (i) and (ii). Rule 11 and Section 15A.
Measure (iii). Rules 12 and 15, and Annexure I.
Measure (iv). Rules 4, 9 and 10.
Measure (v). Rules 16, 17 and 17A.
Measure (vi). Rules 14 and 18.
Measure (vii). Rules 3 and 8.

The Rules convert the open-ended language of Section 21 into specific, enforceable duties. A petitioner seeking enforcement usually points to the Rule, because a Rule with a named officer and a time limit is easier to enforce by mandamus than a general duty.

6. Failure of State Machinery

📖 National Campaign on Dalit Human Rights v. Union of India (decided 15 December 2016; reported (2017) 2 SCC 432)

Facts: A public interest petition complained of widespread non-implementation of the Act and the Rules: committees not constituted or not meeting, Special Courts not established, relief not paid, and cases not registered or investigated properly.

Held: A bench of T.S. Thakur, CJI, D.Y. Chandrachud and L. Nageswara Rao, JJ. (per Rao, J.) found a failure on the part of the authorities to comply with the Act and the Rules, and observed that the object of the Act was being defeated by the indifferent attitude of the authorities. It directed the Central and State Governments to strictly enforce the provisions of the Act, directed the National Commissions for Scheduled Castes and Scheduled Tribes to discharge their duties, and asked the National Legal Services Authority to frame schemes for awareness and legal aid. It left the petitioners free to approach the authorities and the High Courts for specific grievances.

Ratio: Non-implementation of the Act is a failure the Supreme Court will call out; enforcement of specific duties lies with the authorities and, if they fail, the High Courts.

The Supreme Court returned to the theme in Hariram Bhambhi v. Satyanarayan (2021), observing that atrocities against Scheduled Castes and Scheduled Tribes are not a thing of the past, and that many perpetrators escape because of shoddy investigation and negligent prosecution.

⚠ Common failures

Committees that do not meet on schedule; relief paid late or not at all; Exclusive Special Courts not established where the case load requires them; charge-sheets filed long after sixty days without written explanation; victims not informed of bail hearings; and annual reports published long after the year they cover. Most of these breach a specific statutory or rule-based duty; the delay in reports undermines the purpose of Section 21(4).

7. Constitutional Remedies for Non-Implementation

When implementation fails: the ladder of remedies

Figure 3: When implementation fails: the ladder of remedies

Mandamus under Article 226. Where a statutory duty is clear, such as constituting a committee, paying relief within seven days, or appointing a Special Public Prosecutor, the High Court can command its performance.
Article 32. Where non-implementation denies fundamental rights, including the rights under Articles 14, 17 and 21, the Supreme Court may issue directions, as in NCDHR.
Continuing mandamus. In cases of systemic failure, courts have kept matters pending and monitored compliance over time (Vineet Narain v. Union of India, 1998, in another context).
Directions by the Union. Article 256 obliges States to comply with laws made by Parliament and allows the Union to give directions for that purpose.
National Commissions. The National Commission for Scheduled Castes (Article 338) and the National Commission for Scheduled Tribes (Article 338A) investigate and monitor safeguards and report to the President.
Directive Principles. Article 46 directs the State to protect the weaker sections, especially the Scheduled Castes and Scheduled Tribes, from social injustice and all forms of exploitation; Section 21 is one of its statutory expressions.

8. Quick Revision and Memory Aids

'State shall, Centre coordinates, Parliament reads'. Section 21(1), (3), (4).
'Legal aid, Travel, Rehab, Officers, Committees, Survey, Areas'. The seven measures, clauses (i) to (vii). Mnemonic: 'Let The Rights Of Citizens Stay Assured'.
'Seven days for relief; three days for expenses'. Rule 12(4) and Rule 11.
'January and July; every quarter'. State committee twice a year; district and sub-divisional committees quarterly.
'NCDHR 2016: strictly enforce'. The Supreme Court's direction on non-implementation.
'Rule beats general duty in mandamus'. Point to the specific Rule when seeking enforcement.

9. Frequently Asked Questions

Is Section 21 a mere guideline?

No. Section 21(1) uses 'shall'. The choice of measures is the State's, but the duty to implement effectively is mandatory, and the Rules make many specific duties enforceable.

Relief was not paid within seven days. What can the victim do?

Approach the District Magistrate, the Special Court (which can order payment under Rule 12(7)), the vigilance and monitoring committee, and, if necessary, the High Court for mandamus.

Who reports to Parliament on implementation?

The Central Government, every year, under Section 21(4).

Can the Supreme Court monitor implementation directly?

It can, but in NCDHR it chose to issue general directions and leave specific grievances to the authorities and High Courts.

Is legal aid available to every atrocity victim?

Yes. Section 21(2)(i) and Section 15A(11)(m) require it, and Scheduled Caste and Scheduled Tribe members are entitled to free legal aid under the legal services law.

10. Related Topics and Provisions

Topic 32: Section 15A. Victims' rights enforced through Section 21.
Topic 33: Sections 16 and 17. Preventive action and atrocity-prone areas.
Topic 38: Sections 22 and 23. Good-faith protection and the Rules.
Section 21; Rules 3, 4, 8 to 12, 14 to 18; Articles 32, 46, 226, 256, 338, 338A. The provisions discussed.