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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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Yogi Adityanath’s do namoone remark sparks Akhilesh Yadav’s jab on BJP infighting

Yogi Adityanath’s ‘do namoone’ comment in the UP Assembly has been countered by Akhilesh Yadav, who termed it a confession of BJP’s internal power struggle.

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Yogi Adityanath

Uttar Pradesh Chief Minister Yogi Adityanath’s recent “do namoone” comment in the state Assembly has triggered a sharp political exchange, with Samajwadi Party chief Akhilesh Yadav turning the remark into an attack on the Bharatiya Janata Party’s alleged internal discord.

The comment was made during a heated Assembly discussion on allegations of codeine cough syrup smuggling in Uttar Pradesh. Opposition members had accused the state government of inaction, claiming that timely steps could have saved the lives of several children. Rejecting the allegation outright, Adityanath said that no child in the state had died due to consumption of the cough syrup.

While responding to the opposition benches, the Chief Minister made an indirect jibe, saying there were “two namoone”, one in Delhi and one in Lucknow. Without naming anyone, he added that one of them leaves the country whenever there is a national debate, and suggested that a similar pattern applied to the Samajwadi Party leadership. The remark was widely interpreted as being aimed at Leader of Opposition Rahul Gandhi and Akhilesh Yadav, a former Uttar Pradesh chief minister and current Lok Sabha MP

Akhilesh Yadav calls remark a ‘confession’

Akhilesh Yadav responded swiftly on social media, calling Adityanath’s statement a “confession” that exposed an alleged power struggle within the BJP. He said that those holding constitutional posts should maintain decorum and accused the ruling party of bringing its internal disputes into the public domain. Yadav posted his response shortly after the Chief Minister shared a video clip of the Assembly remarks online.

The Samajwadi Party has, on several occasions, claimed that there is a tussle between the Uttar Pradesh government and the BJP’s central leadership. Party leaders have cited the appointment of deputy chief ministers and certain bureaucratic decisions as evidence of attempts to curtail the Chief Minister’s authority.

Adityanath has consistently dismissed these claims, maintaining that he holds the post because of the party’s trust in him. The latest exchange has once again brought the narrative of BJP infighting into political focus, even as both sides continue to trade barbs ahead of key electoral contests

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Sonia Gandhi calls weakening of MGNREGA a collective moral failure, targets Centre in op-ed

Sonia Gandhi has accused the Centre of weakening MGNREGA, calling it a collective moral failure with serious consequences for crores of working people.

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Sonia Gandhi

Congress Parliamentary Party chairperson Sonia Gandhi has sharply criticised the Central government over what she described as the steady dismantling of rights-based legislation, with a particular focus on the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

In a recent opinion article published in a leading English daily, Sonia Gandhi argued that MGNREGA was envisioned as more than a welfare measure. She said the rural employment scheme gave legal backing to the constitutional right to work and was rooted in Mahatma Gandhi’s idea of Sarvodaya, or welfare for all.

Calling its weakening a serious failure, she wrote that the decline of MGNREGA represents a “collective moral failure” that will have lasting financial and human consequences for crores of working people across India. She stressed that safeguarding such rights-based frameworks is crucial at a time when, according to her, multiple protections are under strain.

Concerns raised over education, environment and land laws

Sonia Gandhi also flagged concerns beyond rural employment. Referring to education policy, she claimed that the Right to Education has been undermined following the National Education Policy 2020, alleging that it has led to the closure of around one lakh primary schools across the country.

On environmental and land-related legislation, she stated that the Forest Rights Act, 2006, was weakened through the Forest (Conservation) Rules, 2022. According to her, these changes removed the role of the gram sabha in decisions related to the diversion of forest land.

She further alleged that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act has been significantly diluted, while adding that the National Green Tribunal has seen its authority reduced over the years.

Warning on agriculture and food security laws

Touching upon agriculture reforms, Sonia Gandhi referred to the now-repealed three farm laws, claiming they were an attempt to deny farmers the right to a minimum support price. She also cautioned that the National Food Security Act, 2013, could face similar threats in the future.

Reiterating her central argument, she urged unity to protect statutory rights, stating that the erosion of such laws has implications that extend well beyond policy, affecting livelihoods and dignity on the ground.

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Renaming MGNREGA removes core spirit of rural employment law, says Shashi Tharoor

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Shashi Tharoor

Congress MP Shashi Tharoor has strongly criticised the renaming of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), saying the move strips the rural employment programme of its core essence. His remarks came after Parliament cleared the Viksit Bharat Guarantee for Rozgar and Ajeevika Mission (Gramin) Bill, also referred to as the VB-G RAM G Bill.

Speaking to media, Tharoor said the decision to remove Mahatma Gandhi’s name from the scheme “takes out the heart” of the rural employment programme that has been in place for years. He noted that the identity and philosophy associated with Mahatma Gandhi were central to the original law.

Tharoor also objected to the way the new name was framed, arguing that it unnecessarily combined multiple languages. He pointed out that the Constitution envisages the use of one language in legislation, while the Bill’s title mixes English and Hindi terms such as “Guarantee”, “Rozgar” and “Ajeevika”, along with the conjunction “and”.

‘Disrespect to both names’

The Congress leader said that inserting the word “Ram” while dropping Mahatma Gandhi’s name amounted to disrespecting both. Referring to Mahatma Gandhi’s ideas, Tharoor said that for Gandhi, the concepts of Gram Swaraj and Ram Rajya were inseparable, and removing his name from a rural employment law went against that vision.

He added that the name of Lord Ram could be used in many contexts, but questioned the rationale behind excluding Mahatma Gandhi from a programme closely linked to his philosophy of village self-rule.

Protests over passage of the Bill

The VB-G RAM G Bill was passed by the Lok Sabha on December 18 and cleared by the Rajya Sabha in the early hours of December 19 amid protests from Opposition members. Several MPs opposed the manner in which the legislation was pushed through, with scenes of sloganeering and tearing of papers in the House.

Outside Parliament, members of the Trinamool Congress staged a sit-in protest near Samvidhan Sadan against the passage of the Bill. Congress also announced nationwide protests earlier this week, accusing the government of weakening rights-based welfare schemes.

Despite opposition criticism, the government has maintained that the new law will strengthen rural employment and livelihood security. The Bill raises the guaranteed employment from 100 days to 125 days per rural household and outlines a 60:40 cost-sharing formula between the Centre and states, with a higher central share for northeastern, Himalayan states and certain Union Territories.

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