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Govt approves Bill to overturn SC order, restore original provisions of SC/ST Act

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Govt approves Bill to overturn SC order, restore original provisions of SC/ST Act

Following protests by Dalit groups and BJP ministers against ‘dilution’ of the The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act by the Supreme Court to prevent its abuse, the Modi government, at the Cabinet meeting on Wednesday, August 1, cleared an amendment to the law to overturn the apex court’s order.

A two-judge bench of the Supreme Court comprising Justices AK Goel and UU Lalit had said on March 20 that there were “instances of abuse” of the Act by “vested interests” for political or personal reasons. In their ruling, they laid down guidelines for arrests under the Act “to avoid false implications”.

The court said a preliminary enquiry, not exceeding seven days, may be conducted by a DSP to ensure allegations are not “frivolous or motivated” before a case is registered. It added that a public servant, if accused, can be only be arrested with the permission of the appointing authority. Others can be arrested only after permission is granted from the Senior Superintendent of Police of the district. The SSP will have to record in writing the reason for granting permission and hand it to the accused and the concerned court.

In order to nullify the Supreme Court verdict in the SC/ST Act case, the Central government has proposed a new provision in the statute. The amendment Bill seeks to insert Section 18A in the SC/ST (Prevention of Atrocities) Act, reported News18.

Section 18A tends to override the apex court judgment in March. According to this new Section, there will not be any requirement to conduct a preliminary inquiry before an FIR is to be registered. According to the Bill, any provision for conducting preliminary inquiry will delay the investigation and thus filing of the chargesheet.

The new law would also to do away with the requirement of obtaining permission before arresting a person, including public officials. It says that “arrest, if necessary, of a person shall not require any approval,” reported News18.

The proposed Section also moves to invalidate another directive by the top court by which a provision for pre-arrest bail was sought to be introduced in the statute. “The provision of Section 438 of the CrPC (anticipatory bail) shall not apply to a case under this Act, notwithstanding any judgment or any order of any court,” the proposed law says.

The proposed Bill has already received the approval of the Cabinet and it is likely to be introduced in the ongoing session of the Parliament.

In bringing this amendment, Modi government’s hand was forced by nationwide protests and threat of agitation from various Dalit groups which claimed that the dilution of the Act by the judgment will lead to more discrimination and crime against the backward community.

In protests by Dalit groups, at least seven people were killed and over 100 injured in various parts of the country.

Within the NDA, Dalit MPs, including Udit Raj,  urged the party leadership and the government to take immediate steps to protect the rights of the community while non-Dalit MPs agreed that provisions in the Act were being misused.

Union Cabinet Minister Ram Vilas Paswan and his son and Lok Sabha member Chirag Paswan also threatened a stir on August 9 on the SC/ST Act issue.

Members of the Bheem Army, too, have decided to hold a protest at Jantar Mantar in New Delhi on August 19 demanding changes to the SC/ST Act. “People belonging to scheduled castes, other backward classes and Muslims have been asked to reach Delhi in large numbers,” said Bheem Army national spokesperson Mandeep Singh Nautiyal.

Faced with protests, the Centre had filed a review petition in the top court on April 2. However, said media reports, the Supreme Court refused to stay its ruling and asked all parties to submit detailed replies, leading to the demand from Dalit groups that the government introduce an ordinance or an Amendment Bill to restore the earlier provisions.

Protests intensified when the government appointed Justice AK Goel, who authored the 20 March verdict, as the Chairman of the National Green Tribunal on the day of his retirement from the Court. Dalit MPs in the NDA “expressed concern” over the “wrong message” being sent and wrote to Union Home Minister Rajnath Singh to reconsider Goel’s appointment.

The issue was raised in Parliament, where MPs urged the Centre to promulgate an Ordinance to restore the Act.

During the budget session of Parliament, the government informed the Lok Sabha that there were 47,338 cases of crime against members of the SC/ST in 2016.

In the ongoing monsoon of Parliament, Union Home Minister Rajnath Singh said the Union Cabinet will bring the SC/ST bill in the current session.

The SC/ST Act was originally passed in 1955 by the Parliament as the Untouchability (Offences) Act, recalled a report on news portal Firstpost. It was renamed as the Protection of Civil Rights (PCR) Act in 1976 but the law was considered ineffective in 1980s and replaced with the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act in 1989. In 2015, more offences were brought under its ambit by including acts like tonsuring of head, moustache of backward caste people by upper-castes as a criminal activity.

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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