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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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Omar Abdullah criticises Martyrs’ Day restrictions, calls LG administration temporary guests

Omar Abdullah criticised the LG administration after being prevented from visiting Srinagar’s Martyrs’ Graveyard, alleging the 1931 martyrs’ sacrifices are being overlooked.

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Omar Abdullah

Jammu and Kashmir Chief Minister Omar Abdullah on Monday criticised the Lieutenant Governor (LG) administration after he was prevented from visiting the Martyrs’ Graveyard in Srinagar to pay tribute to those killed during the 1931 uprising.

The area surrounding the Martyrs’ Graveyard in downtown Srinagar was sealed by the authorities, with police declaring it a no-go zone and restricting entry to the site.

Omar Abdullah questions restrictions

Unable to visit the graveyard, Abdullah, along with his ministers, MLAs and National Conference leaders, held a tribute meeting at the party headquarters in Srinagar.

Addressing party workers after the meeting, the Chief Minister said the administration’s decision to block access would not erase the memory of the 1931 martyrs.

Calling the LG administration “temporary guests”, Abdullah said those responsible for preventing political leaders from paying homage would not remain in office forever, while the martyrs’ cemetery would continue to stand. He added that he and his party would visit the site in the future to offer floral tributes and prayers.

Alleges selective treatment of history

Abdullah alleged that the sacrifices of those who fought against British-era rule in Jammu and Kashmir were being ignored because they were Muslims and had opposed the Dogra Maharaja, who ruled under British paramountcy.

He argued that the 1931 movement was not based on religion but represented a struggle for democratic rights, principles and freedom during the British period.

The Chief Minister also said attempts were being made to portray participation in the freedom movement against British rule in a negative light.

Background of the annual observance

July 13 was earlier observed as a public holiday in the erstwhile state of Jammu and Kashmir. Every year, officials, political leaders and members of the public would gather at the Martyrs’ Graveyard to pay homage to those killed during the 1931 incident, with police also offering a ceremonial gun salute.

Following the abrogation of Article 370 and the reorganisation of Jammu and Kashmir into a Union Territory in 2019, July 13 was removed from the list of official public holidays. Since then, authorities have not permitted official or public commemorative events at the graveyard.

The Lieutenant Governor continues to exercise authority over key subjects in the Union Territory, including law and order and policing.

Why July 13 is significant

July 13 commemorates the deaths of 22 civilians who were killed in police firing outside Srinagar Central Jail in 1931 while protesting against the rule of Dogra Maharaja Hari Singh during the British era.

The protesters had gathered in support of Abdul Qadeer, who had urged Kashmiris to oppose the Maharaja’s administration.

The incident led to widespread protests and prompted the Maharaja and the British administration to appoint commissions to examine the grievances of the Valley’s Muslim population. It also contributed to political reforms, with Jammu and Kashmir holding its first Assembly elections in 1934, marking the beginning of an electoral process in the region.

Changes after 2019

Since 2020, both July 13 and December 5—the birth anniversary of former Jammu and Kashmir Prime Minister and Chief Minister Sheikh Abdullah—have ceased to be official holidays in the Union Territory.

Instead, the birth anniversary of Dogra ruler Maharaja Hari Singh is now observed as a public holiday in Jammu and Kashmir.

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Omar Abdullah hits back at BJP over Rs 100 crore legal notice, says party is hiding behind court

Omar Abdullah has responded to the BJP’s Rs 100 crore legal notice, accusing the party of avoiding political debate and announcing legal action against BJP leaders.

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Jammu and Kashmir Chief Minister Omar Abdullah on Monday responded sharply after receiving a Rs 100 crore legal notice from the Bharatiya Janata Party (BJP), accusing the party of avoiding a political confrontation by taking the matter to court.

The BJP’s notice demands that Abdullah either apologise or provide evidence to support his allegation that BJP leaders had offered between Rs 20 crore and Rs 30 crore to National Conference (NC) legislators to persuade them to switch sides.

Omar Abdullah calls legal notice a ‘love letter’

Speaking to reporters in Srinagar, Abdullah said he had received an electronic copy of the legal notice and described it as a “love letter” from the BJP.

He said he viewed the notice as a sign that the BJP considered him a significant political opponent.

“I am perhaps the only politician who has been bestowed with a ‘love letter’ like this by the BJP. I consider this a mark of respect that I am obviously a political force they cannot ignore,” Abdullah said.

Says BJP chose court over political response

Abdullah criticised the BJP for pursuing legal action instead of responding politically to his allegations.

He said he deliberately made the remarks at a political event rather than in the Assembly, where statements are protected from legal challenge, because he expected a political rebuttal.

According to Abdullah, the BJP’s decision to approach the court reflected its style of handling political disputes.

National Conference to initiate legal action

The Chief Minister also announced that the National Conference would begin issuing legal notices to BJP leaders in Jammu and Kashmir over what he described as unfounded and defamatory allegations against his party.

He said senior BJP leaders had been making slanderous remarks against the National Conference over the past few months and that the party would now respond through legal channels.

Abdullah added that the National Conference would serve legal notices to those leaders and see how the legal process unfolds.

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Mamata Banerjee slaps party worker amid chaotic Kolkata protest rally

Mamata Banerjee’s Kolkata protest march over the Baruipur rape-murder case turned chaotic after clashes with BJP workers and a viral incident in which she slapped a party worker.

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Mamta banerjee slaps own party worker

West Bengal Chief Minister Mamata Banerjee’s protest march in Kolkata on Wednesday witnessed dramatic scenes after she slapped a member of her own party while attempting to disperse a crowd gathered outside her residence following the rally.

The protest march was organised against the alleged rape and murder of an 11-year-old girl in Baruipur. The rally was held after the Calcutta High Court allowed it, despite the Kolkata Police initially denying permission.

Rally witnesses repeated clashes

According to reports, the procession faced repeated disruptions as Trinamool Congress and BJP workers allegedly engaged in pushing and shoving along the rally route. Security personnel intervened to control the situation and reportedly carried out a baton charge to disperse the crowd.

BJP supporters also allegedly attempted to stop the march by forming a human chain and raised slogans of “chor, chor” (thief) during the protest. Some Trinamool workers were also reportedly targeted with eggs during the rally.

Slap incident caught attention

The most talked-about moment came after the rally concluded near Mamata Banerjee’s residence.

A large crowd had gathered outside the house, prompting the Chief Minister to step forward to clear the area. During the commotion, she slapped a party worker and pushed away several others while trying to restore order. Videos of the incident quickly circulated on social media.

Mamata Banerjee accuses BJP of planned disruption

Following the rally, Mamata Banerjee accused the BJP of deliberately attempting to disrupt the protest despite the court granting permission for the event.

She alleged that women workers from her party were assaulted and several supporters suffered injuries during the clashes. Banerjee also claimed that BJP supporters organised a motorcycle rally near her residence, played loud music throughout the protest route and snatched microphones that had been permitted for use during the march.

The Chief Minister further alleged that the Kolkata Police remained passive during the disturbances and accused them of behaving like BJP workers.

BJP rejects allegations

The BJP dismissed Mamata Banerjee’s accusations.

State BJP president Samik Bhattacharya said the party had not prevented Banerjee from holding the march. However, he criticised the Trinamool Congress, alleging that it had failed to change West Bengal’s political culture despite being in power for years.

Court had modified rally route

The Kolkata Police had initially refused permission for the protest march. However, the Calcutta High Court later permitted the rally while modifying its proposed route to minimise inconvenience to the public.

The protest was organised in response to the alleged rape and murder of an 11-year-old girl in Baruipur. The main accused, Prabhas Mondal, was later killed in a police encounter, while four people have been arrested in connection with the case.

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