19.1 C
New Delhi
Monday 9 December 2019
India Will Supreme Court turn SC/ST Act stringent again?

Will Supreme Court turn SC/ST Act stringent again?

On 30 January, the Supreme Court court had refused to stay amendments to the SC/ST Act that restored the no anticipatory bail provision

New Delhi: The Supreme Court is scheduled Friday to pronounce verdict on the Centre’s plea seeking review of its 20 March 2018 judgement which had virtually diluted provisions of arrest under the SC/ST Act. A bench headed by Justice Arun Mishra will pronounce the verdict. The Supreme Court had on 1 May reserved the judgement on the Centre’s review plea while observing that laws in the country should be caste neutral and uniform. The Centre contended that the whole March 2018 verdict was “problematic” and it should be reviewed by the court.

The verdict had led to massive outcry and violent protests by different SC/ST organisations across the country in which several people had died and many injured. Some of the parties supporting the last year verdict had said that the Centre’s review has become infructuous as Parliament has already passed the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 to neutralize the effects of the judgment. They sought a stay of the Amendment Act till the apex court gives the verdict on the review plea of Centre.

The Supreme Court had said that if any wrong has been done in the judgement, then it can always be corrected in the review petition. On 30 January, the apex court had refused to stay amendments to the SC/ST Act that restored the no anticipatory bail provision.

Parliament on 9 August last year had passed a bill to overturn the apex court order relating to certain safeguards against arrest under the SC and ST law. On 20 March 2018, the apex court had taken note of the rampant misuse of the stringent SC/ST Act against government servants and private individuals and said there would be no immediate arrest on any complaint filed under the law.

The Supreme Court had said that on “several occasions”, innocent citizens were being termed as accused and public servants deterred from performing their duties, which was never the intention of the legislature while enacting the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

The apex court had said that there is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act, if no prima facie case is made out or where the complaint is found to be prima facie mala fide. It had said that in view of the acknowledged abuse of law of arrest in cases under the Atrocities Act, the arrest of a public servant can only be after approval of the appointing authority and of a non-public servant after approval by the Senior Superintendent of Police (SSP).

Subscribe to our newsletter

You will get all our latest news and articles via email when you subscribe

The email despatches will be non-commercial in nature
Disputes, if any, subject to jurisdiction in New Delhi

Leave a Reply

Opinion

Fire: Uphaar To Mandi, Delhi Remains Incorrigible

After every fire tragedy, it is learnt illegal factories were operating in residential areas also with illegally built hotels, theatres, etc

Taliban-US Talks Bode Ill For India, But Can’t Be Helped

On the one hand, infrastructure projects of India worth crores are at stake; on the other, Pakistan is vying for the day a Taliban-ruled Afghanistan can serve it again as a terror launchpad

India Not Ready For End To Death Penalty

India hardly has an efficient apparatus of governance, but if this is what we have, we must live with the death of a killer by a court order

Trump Drives Democrats And Media Crazy

America can never be the same again, even after Trump leaves the White House,” say many, and you can read that anywhere

Balasaheb Thackeray’s Legacy Up For Grabs

The Uddhav Thackeray-led Shiv Sena has failed to live up to the ideals of Balasaheb, leaving a void that the BJP alone can fill
- Advertisement -

Elsewhere

Factory owner Md Rehan arrested; 29 of 43 bodies identified

The construction units in the factory area did not have a no-objection certificate (NOC) of the fire department

Taliban-US Talks Bode Ill For India, But Can’t Be Helped

On the one hand, infrastructure projects of India worth crores are at stake; on the other, Pakistan is vying for the day a Taliban-ruled Afghanistan can serve it again as a terror launchpad

महिला ने की बेटी को जलाने की कोशिश—किस हद तक जाते हैं एक्टिविस्ट्स

राजीव गोस्वामी का नाम आपने सुना होगा, जिसने मंडल कमीशन के विरोध में ख़ुद को आग लगा ली थी, पर इस महिला एक्टिविस्ट ने उस हद को भी पार कर लिया

India Not Ready For End To Death Penalty

India hardly has an efficient apparatus of governance, but if this is what we have, we must live with the death of a killer by a court order

Vinay Sharma, Nirbhaya case convict, wants mercy plea back

This could be Vinay Sharma's delaying tactic, believe legal experts, as the reason he has cited for the withdrawal of the plea is implausible

You might also likeRELATED
Recommended to you

For fearless journalism

%d bloggers like this: