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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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Farooq Abdullah accuses PM Modi of trying to divide the country over religion

Faroukh Abdullah reacted to PM Modi’s remark that the Congress will redistribute people’s money and property to Muslims if voted to power and said Muslims respect all religions. He said that they are Muslims and Allah has told them to respect other religions. He further added that a Muslim cannot snatch anyone’s right.

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Farooq Abdullah, Jammu and Kashmir’s National Conference President said on Wednesday that Prime Minister Narendra Modi was trying to divide the country over religion. He also said that those who will vote for them must prepare for hell. Farooq Abdullah said Muslims cannot snatch away the rights of others.

Farooq Abdullah also called Prime Minister Narendra Modi-led government a threat to the survival of the country. Omar Abdullah, former Jammu and Kashmir chief minister cautioned the people not to divide this country on the basis of religion, otherwise a storm will unleash making the survival of the nation difficult. He said it is better to talk about uniting the country, instead of dividing its people.

He was addressing an election rally in Thanamandi area of the Rajouri district in Jammu and Kashmir. The Anantnag parliamentary constituency will go for elections on May 25. Faroukh Abdullah reacted to PM Modi’s remark that the Congress will redistribute people’s money and property to Muslims if voted to power and said Muslims respect all religions. He said that they are Muslims and Allah has told them to respect other religions. He further added that a Muslim cannot snatch anyone’s right.

He remembered an incident when former Prime Minister Rajiv Gandhi once stopped his car in Pulwama and assured a poor Hindu woman that he would give her a mangalsutra as she could not afford it. Farooq Abdullah said those who were against the INDIA bloc are against the nation.

Prime Minister Narendra Modi had earlier sparked a controversy last month as he commented that the Congress would take away the hard-earned money of the masses and distribute them among infiltrators and those with many children.  Speaking at a rally today, the Prime Minister took a jibe at the Congress and said the governments in the past were not able to implement the Indian Constitution in Jammu and Kashmir. He was referring to the revocation of Article 370.

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Amit Shah says BJP will neither remove reservation for SCs, STs and OBC, nor will allow Congress to do so

The Home Minister alleged that the Congress’ formula was to speak lies loudly, publicly and repetitively. He advised Congress president Mallikarjun Kharge not to speak lies for a family as eventually he will have to take the blame for the party’s loss in the Lok Sabha elections

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Union Home Minister Amit Shah on Wednesday continued to attack Congress over reservation row. He was addressing a rally in Katghora town of Chhattisgarh’s Korba district to campaign for Saroj Pandey, BJP candidate from the Korba Lok Sabha seat where Shah said BJP will neither remove reservation for SCs, STs and OBCs, nor will it allow Congress to do so.

The Home Minister alleged that the Congress’ formula was to speak lies loudly, publicly and repetitively. He advised Congress president Mallikarjun Kharge not to speak lies for a family as eventually he will have to take the blame for the party’s loss in the Lok Sabha elections. Shah accused Congress of nurturing terrorism and Naxalism to win the Lok Sabha elections.

Shah further added that Congress claims if Prime Minister Narendra Modi ji gets majority for the third term, he will scrap reservation. He said the grand old party has even circulated his fake video. Shah said that have been in power for the last 10 years and PM Modi did not remove reservation, nor will he do it in the future.

The Union Home Minister further asserted Modi ji used the majority to scrap Article 370 and triple talaq, construction of Ram Mandir in Ayodhya and introduce the Citizenship Amendment Act. He further told the Congress President Mallikarjun Kharge that Rahul Gandhi and Priyanka Gandhi do not belong to anyone. He said on June 4 Congress will suffer defeat and the brother-sister duo will remain safe, but Kharge ji will be blamed.

Shah further asserted if PM Modi becomes the prime minister for the 3rd straight term, then Naxalism will be uprooted in two years in Chhattisgarh.  Shah targeted the previous Bhupesh Baghel-led government in Chhattisgarh and said, The Bhupesh Kakka government encouraged Naxalism, but after the BJP came to power in the state under CM Vishnu Deo Sai and Deputy Chief Minister Vijay Sharma 95 Naxalites have been eliminated in 4 months.

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Priyanka Gandhi says PM Modi is far away from reality of common people, calls him an egoistic person

The Congress leader also alleged there was a mafia raj in BJP-ruled Assam. She said there have been very serious charges against Himanta Biswa Sarma when he was in the Congress party. As soon as he changed sides to BJP, all charges against him were dropped.

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Congress leader Priyanka Gandhi was addressing a rally in Assam’s Dhubri on Wednesday where she said that Prime Minister Narendra Modi did not stop JD(S) MP Prajwal Revanna from leaving India. She said PM Modi is far away from the reality of common people and has no understanding of their miseries as he has become egoistic.

This was not the first time that Priyanka Gandhi attacked PM Modi over the sex scandal. Earlier this week, she questioned PM Modi’s silence over the matter. Gandhi said Prajwal Revanna who stood along with PM Modi, for whom the prime minister asked for votes, has been accused of abusing thousands of women.  She added the numbers are staggering and asked Modi’s response over the matter. Gandhi said she was keen to hear what the Union home minister had to say on the matter.

Priyanka Gandhi recollected that a few days earlier she had travelled abroad to visit her daughter. She said the Prime Minister and Home Minister are constantly discussing her overseas trips. She said they are well aware about when she is going to travel and are even keeping track of opposition leaders’ travels. Yet, when an accused, someone like him Prajwal Revanna, leaves the country, they claim ignorance. How can anyone accept this? She said the matter has slipped away right under their noses after committing such a grave offence, and yet they remain silent.

The Congress leader also alleged there was a mafia raj in BJP-ruled Assam. She also attacked Assam CM Himanta Biswa Sarma. She said there have been very serious charges against Himanta Biswa Sarma when he was in the Congress party. As soon as he changed sides to BJP, all charges against him were dropped. Gandhi further added the BJP has developed a washing machine where corrupt people are put and the Assam CM was the first one in this regard.

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