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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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Maharashtra MLC Polls: MVA finalizes 15 seats, tussle remains over two key constituencies

The Maha Vikas Aghadi has ironed out differences across 15 Maharashtra Legislative Council seats, leaving Nashik and Nanded as the final points of contention between Congress and Shiv Sena (UBT).

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The Maha Vikas Aghadi (MVA) coalition, which includes Congress, Shiv Sena (Uddhav Balasaheb Thackeray), and the Nationalist Congress Party (Sharadchandra Pawar), has successfully reached a seat-sharing understanding for 15 out of 17 seats in the upcoming Maharashtra Legislative Council elections. While a major breakthrough has been achieved, the alliance is currently witnessing a stalemate over Nashik and Nanded, as multiple constituent partners assert their presence in these regions.

According to sources, the distribution plan was designed to prevent internal rifts by respecting the geographic and organizational strongholds of each party.

Congress secures maximum share of seats

Under the initial draft layout, Congress has come out as the largest stakeholder with seven seats in its quota. The party has been assigned constituencies across northern Maharashtra, western Maharashtra, and Vidarbha, where its ground-level network remains sturdy.

The locations likely allocated to Congress feature Solapur, Chandrapur, Yavatmal, Bhandara, Dharashiv, Amravati, and Ahilyanagar. To gear up for the electoral challenge, state party president Harshvardhan Sapkal has already designated senior leaders to observe and coordinate at the constituency level.

Five seats assigned to Uddhav Thackeray faction

The Uddhav Thackeray-led Shiv Sena (UBT) has been allotted five seats under the proposed arrangement, focusing its reach on the Konkan region and Marathwada. The seats projected for the party encompass Chhatrapati Sambhajinagar, Jalgaon, Hingoli, Raigad, and Parbhani.

Concurrently, the Sharad Pawar-led NCP faction is expected to field its candidates from three constituencies: Thane, Pune, and the joint Satara-Sangli seat. Even though Thane has been known as a core stronghold of the traditional Shiv Sena, evolving dynamics inside state politics led to this assignment during discussions.

Stalemate over two key constituencies

Despite finding common ground on most locations, Nashik and Nanded continue to be sources of disagreement. Media reports show that both Congress and Shiv Sena (UBT) want the Nashik seat, pointing to their local machinery. On the other hand, Nanded has traditionally stayed a bastion for Congress, but shifting political landscapes have led to claims from alliance partners too.

Leaders from the opposition have stressed that their core objective is to challenge the ruling Mahayuti coalition and prevent votes from splitting through friendly contests. Senior members are expected to hold more rounds of talks over the coming days to untangle the deadlock.

Ruling alliance formula takes shape

Sources close to the matter suggest that the ruling Mahayuti coalition has also neared completion of its election blueprint. Under their anticipated plan, the Ajit Pawar-led NCP faction might contest Pune and Raigad, whereas the Eknath Shinde-led Shiv Sena is tipped to take over Nashik, Thane, Parbhani, and Yavatmal. The remaining council seats are expected to be contested by the BJP.

Political experts are keeping a sharp watch on prospective inner rebellion inside the ruling camp, especially in regions like Nashik and Chhatrapati Sambhajinagar, where disgruntled figures might look to explore options alongside independent candidates.

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Siddaramaiah to step down as Karnataka Chief Minister, names DK Shivakumar as successor

In a major political development, Karnataka Chief Minister Siddaramaiah has announced his decision to step down, clearing the path for his deputy, DK Shivakumar, to assume leadership.

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Bringing the curtain down on a long-standing leadership dispute within the state ruling party, Karnataka Chief Minister Siddaramaiah announced on Thursday morning that he will resign from his post. The significant announcement was made during a breakfast meeting hosted at his official residence, ‘Kaveri’, in Bengaluru, where senior cabinet ministers and Deputy Chief Minister DK Shivakumar were present.

Siddaramaiah informed his cabinet colleagues that he will formally tender his resignation at 3:00 PM. He further requested the ministers to extend their support to DK Shivakumar, declaring him as the next Chief Minister of the state.

A graceful transition of power

The breakfast meeting, which featured traditional Kannada dishes like masala dosa, idli, and kesaribath, served as a poignant farewell from the veteran leader who recently completed three years of his second term in office. Ministers present at the gathering described the atmosphere as emotional yet graceful. While some cabinet members broke down in tears following the announcement, Siddaramaiah remained poised, expressing his gratitude to the team for their cooperation during his tenure.

Ahead of the formal discussions, the two top leaders displayed a strong message of camaraderie and unity. Images released from the residence showed DK Shivakumar touching the Chief Minister’s feet to seek his blessings, followed by a warm embrace between the duo. Following the meeting, the state party unit shared these images on social media with a caption emphasizing that unity remains their core strength and public service their eternal commitment.

High command intervention ends long-standing dispute

The decision follows 48 hours of intense consultations in New Delhi with the party’s central leadership, including Mallikarjun Kharge and Rahul Gandhi. Media reports indicate that the party high command actively facilitated the transition, offering the outgoing Chief Minister a national role, which includes a Rajya Sabha seat.

As the Governor is currently out of the state on personal matters, Siddaramaiah is expected to hand over his resignation letter to the Governor’s secretary at Raj Bhavan. Following the formal acceptance of the resignation, a Legislature Party meeting will be convened to officially elect Shivakumar as the new leader before the scheduled swearing-in ceremony. Meanwhile, celebrations have already erupted outside Shivakumar’s residence, where supporters gathered to distribute sweets and chant slogans welcoming his upcoming elevation.

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Siddaramaiah not interested in taking Rajya Sabha post, say sources

Sources reveal that Karnataka Chief Minister Siddaramaiah has turned down an offer for a Rajya Sabha seat, preferring to remain active as an MLA in state politics despite leadership transition talks by the Congress high command.

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The political landscape in Karnataka is witnessing intense developments as Chief Minister Siddaramaiah has reportedly expressed his unwillingness to accept a Rajya Sabha berth or transition into a national role in New Delhi. According to sources familiar with the discussions, the veteran leader prefers to remain active within state politics and continue his tenure as an MLA rather than shifting his focus to the national capital.

High command pushes for transition

This revelation comes on the heels of marathon high-level meetings convened by the Congress leadership in Delhi to address the ongoing leadership discussions in Karnataka. Insiders state that the party central leadership has backed Deputy Chief Minister D.K. Shivakumar to take over the top post, in line with internal understandings following the 2023 assembly elections.

To facilitate a smooth leadership transition in the state, the high command offered Siddaramaiah a parliamentary seat in the upcoming Rajya Sabha elections alongside a prominent national role. However, sources indicate that the Chief Minister has rejected this proposal and requested more time to deliberate on his next steps.

Official stance downplays leadership shift

Publicly, senior party leaders have sought to quell rumors regarding an immediate change of guard. Following a lengthy deliberation at the party headquarters, General Secretary K.C. Venugopal stated to the media that the discussions were exclusively centered around selecting candidates for the upcoming Rajya Sabha and Legislative Council seats in Karnataka. He dismissed reports of an imminent chief ministerial swap as mere speculation.

Siddaramaiah also echoed this sentiment when questioned by journalists, emphatically denying that any leadership changes were debated during the official meeting. Despite these denials, political circles remain abuzz, as the Chief Minister has reportedly met with cabinet ministers and loyalists to discuss the evolving situation before returning to Bengaluru.

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