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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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Mamata Banerjee slams poll body over officials’ transfer, calls move unprecedented

Mamata Banerjee has criticised the Election Commission for transferring senior officials ahead of West Bengal elections, alleging bias and procedural overreach.

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Mamata Banerjee

West Bengal Chief Minister Mamata Banerjee has sharply criticised the Election Commission of India over the transfer of senior state officials ahead of the assembly elections, alleging bias and procedural overreach.

In a strongly worded letter to Chief Election Commissioner Gyanesh Kumar, Banerjee expressed “deep shock” at the poll panel’s functioning, stating that it had “crossed all boundaries of decency and constitutional propriety.”

Concerns over transfers and alleged bias

The chief minister objected to what she described as “unilateral” transfers of key officials, including the chief secretary, home secretary, director general of police, and several district-level officers. According to her, these decisions were taken without citing any violations of electoral rules or the Model Code of Conduct.

Banerjee further alleged that the Commission had shown “apparent bias” since the beginning of the Special Intensive Revision of electoral rolls, claiming that repeated concerns raised by the state government had been ignored.

She also questioned the timing of the transfers, noting that district election officers were shifted during an ongoing revision process, which she suggested could affect administrative continuity and pending cases.

Supreme Court reference and governance concerns

Referring to her government’s move to approach the Supreme Court of India, Banerjee said the court had acknowledged the concerns and issued directions that are currently being implemented.

The chief minister warned that the removal of senior officials at short notice could disrupt governance, law and order, and disaster preparedness, particularly during the storm-prone months of March and April.

She also criticised the deployment of state police officers as observers in other poll-bound regions, calling it “arbitrary” and a “misuse of authority.”

Warning on federal structure and democracy

Describing the decisions as “biased, hasty and unilateral,” Banerjee said such actions undermine cooperative federalism and could create conditions resembling “indirect central rule.”

She urged the Commission to reconsider its decisions, warning that such steps are “deeply concerning” for a healthy democratic process.

Elections to the 294-member West Bengal assembly are scheduled to be held in two phases on April 23 and April 29, with counting set for May 4.

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BJP seals Assam seat-sharing pact, Modi to hold 3 rallies in April

BJP has finalised its Assam seat-sharing plan with allies and is gearing up for an intense campaign led by PM Modi and Amit Shah.

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The Bharatiya Janata Party has finalised its seat-sharing arrangement for the upcoming Assam Assembly elections, firming up its strategy alongside National Democratic Alliance partners as campaigning gathers pace in the state.

Under the agreement, the BJP will contest 89 seats, while its allies — Asom Gana Parishad and Bodoland People’s Front — will field candidates in 26 and 11 constituencies respectively. The distribution has been decided after internal deliberations, with the focus now shifting to candidate announcements and campaign execution.

Campaign push led by top leadership

Prime Minister Narendra Modi is expected to address three rallies in Assam during the final leg of the campaign. Tentative dates for the rallies are April 1, April 3 and April 6, with events likely to be held in key constituencies.

Union Home Minister Amit Shah is also set to spearhead an extensive campaign across the state through March, aiming to energise party workers and strengthen voter outreach.

Candidate selection underway

The party’s Central Election Committee is currently meeting to finalise candidates. Sources indicate that approvals for most constituencies are expected soon, and the BJP may release its complete list of candidates within the next two days.

Ticket distribution remains a crucial exercise, with internal discussions highlighting its potential impact on local political dynamics. Party leaders have also touched upon the proposed delimitation exercise scheduled for 2027, which is expected to have long-term implications for Assam’s electoral landscape.

Polling and counting dates

Voting for all 126 Assembly seats in Assam is scheduled for April 9, while the votes will be counted on May 4.

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Mamata Banerjee warns BJP, EC over Bengal polls, says they will be accountable

Mamata Banerjee holds BJP and Election Commission responsible for any incidents during Bengal polls, raising concerns over officer transfers.

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West Bengal Chief Minister Mamata Banerjee has held the Bharatiya Janata Party (BJP) and the Election Commission of India responsible for any untoward incidents in the state during the upcoming assembly elections, following the transfer of key officials.

Addressing concerns over administrative reshuffles, Banerjee said that changes involving senior bureaucrats, including the chief secretary and home secretary, could affect governance and law and order in the state during a crucial period.

The Trinamool Congress chief also announced candidates for 291 constituencies for the elections scheduled to be held in two phases on April 23 and 29.

Criticising the Election Commission, Banerjee alleged that the transfers were being carried out in a manner that benefits the BJP. She questioned the timing of the decisions and said such actions weaken the state administration at a sensitive time.

She further raised concerns about disaster management and essential services, stating that experienced officials familiar with the state’s situation have been replaced. According to her, this could impact administrative efficiency if any emergency arises before the new government is formed.

Protecting Bengal’s identity

Banerjee emphasised that the election is not merely about forming a government but about safeguarding Bengal’s identity and existence. She accused the BJP of misusing central agencies and attempting to influence the electoral process.

She urged that elections should be conducted peacefully, without external interference, and in line with democratic principles. The chief minister also expressed confidence that her party would return to power with a stronger mandate.

Appealing to voters, she called for support for the Trinamool Congress, asserting that the people of Bengal will ultimately decide the outcome and protect their democratic rights.

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