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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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 Akhilesh Yadav launches SP’s 2027 UP poll campaign from Rahul Gandhi’s seat

Akhilesh Yadav launched the Samajwadi Party’s 2027 Uttar Pradesh Assembly election campaign from Rae Bareli, represented by Rahul Gandhi in the Lok Sabha.

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Akhilesh Yadav

Samajwadi Party chief Akhilesh Yadav has formally begun the party’s campaign for the 2027 Uttar Pradesh Assembly elections, launching the outreach from Rae Bareli, the Lok Sabha constituency represented by Congress leader Rahul Gandhi.

Yadav travelled through the area on the party’s newly launched PDA Rath before addressing a public meeting. The campaign vehicle carries the Samajwadi Party’s PDA messaging, referring to its focus on backward classes, Dalits and minorities.

Akhilesh Yadav discusses alliance with Congress

During his Rae Bareli visit, Yadav said the Samajwadi Party would contest the 2027 election as part of an alliance and indicated that seat-sharing would be decided on the basis of winnability.

He said the party would give a seat to whichever alliance partner is considered capable of winning it. The remarks come against the backdrop of the SP and Congress having contested the 2024 Lok Sabha election together in Uttar Pradesh.

Rae Bareli has particular political significance for the Congress as Rahul Gandhi is its sitting Lok Sabha MP. Yadav’s decision to begin the campaign from the constituency therefore placed the SP’s alliance with the Congress in focus.

PDA Rath becomes centrepiece of campaign

The PDA Rath was rolled out as part of the SP’s mobilisation ahead of the 2027 Assembly election. The vehicle prominently carries the party’s PDA messaging, with PDA standing for Pichhde, Dalit and Alpsankhyak.

The campaign is aimed at taking the SP’s social-justice messaging to voters across Uttar Pradesh as the party prepares for the Assembly election.

During the programme, Yadav also attacked the BJP and raised issues including the Election Commission and what he described as the alleged misuse of election machinery. These are political allegations made by the SP chief and should be understood as such.

BJP reacts to Akhilesh Yadav’s campaign

The launch of the PDA Rath comes as political activity intensifies in Uttar Pradesh ahead of the 2027 Assembly election.

The BJP has responded to Yadav’s campaign and his political messaging, while the SP has continued to focus its outreach on the PDA social coalition and its alliance strategy with the Congress.

The 2027 contest is still ahead, with parties using the period before the election to strengthen their organisational networks, public outreach and alliance arrangements.

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Rahul Gandhi attacks CEC Gyanesh Kumar, says vote chori leads to kanoon chori

Rahul Gandhi accused the Election Commission of failing to protect voters and linked his “vote chori” allegation to what he called “kanoon chori”.

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Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi on Thursday launched a fresh attack on Chief Election Commissioner Gyanesh Kumar and the Narendra Modi government, alleging irregularities in India’s electoral process.

Addressing a press conference in Delhi, Mr Gandhi linked his earlier allegations of “vote chori” with what he described as “kanoon chori”, arguing that alleged manipulation of votes would have consequences for the country’s law-making and institutional systems.

“From vote chori comes kanoon chori,” Mr Gandhi said, arguing that if votes had been stolen, laws and institutional changes made by lawmakers elected through those votes would also be affected.

Rahul Gandhi attacks Gyanesh Kumar

Mr Gandhi specifically targeted Chief Election Commissioner Gyanesh Kumar and questioned the Election Commission’s handling of the electoral process.

His remarks came amid reports of differences within the poll body over the Special Intensive Revision (SIR) exercise. Mr Gandhi referred to reported concerns involving the Election Commission and alleged that questions raised about the functioning of the poll panel had not been adequately addressed.

He also alleged that the Election Commission had failed in its responsibility to protect the vote, which he described as the foundation of India’s democratic and constitutional system.

‘Vote chori’ claim

Mr Gandhi reiterated his allegations of irregularities in elections and said the issue went beyond individual voters.

He argued that the vote gives power to the Constitution, while the Constitution provides the basis for laws and institutions. On that basis, he said alleged destruction of the voting process would have wider consequences for the country’s constitutional system.

Mr Gandhi also questioned what he described as the disappearance of anti-incumbency in elections involving the BJP, comparing recent electoral outcomes with earlier political trends.

He alleged that the 2024 Lok Sabha and Assembly elections had been manipulated. These remain allegations made by Mr Gandhi and should not be presented as established facts.

Attack on Modi and Amit Shah

During the press conference, Mr Gandhi also targeted Prime Minister Narendra Modi and Union Home Minister Amit Shah while making his allegations about the electoral process.

He questioned the role of the Election Commission and its leadership, and called for accountability over what he described as irregularities affecting India’s voting system.

Mr Gandhi said he was presenting evidence for his allegations and maintained that the issue concerned not only elections but also the functioning of democratic institutions.

The Election Commission’s reported internal differences over the SIR exercise formed part of the backdrop to his remarks. The claims made by Mr Gandhi concern his interpretation of those developments and are distinct from established findings about election manipulation.

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BJP hits back at opposition over EC row, says disagreement is democracy

The BJP has defended reported differences among Election Commissioners, saying internal deliberations are part of a healthy democratic process.

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The BJP has defended the Election Commission amid a political row over reported differences among Election Commissioners concerning decisions linked to the Special Intensive Revision (SIR) of electoral rolls.

BJP MP Sambit Patra said discussions and exchanges of views within the poll panel should be seen as part of the democratic process rather than as evidence of institutional dysfunction.

According to the BJP’s position, disagreement during official deliberations reflects the fact that members of an institution are able to put forward their views before decisions are taken.

BJP defends EC deliberations

Patra said that if the three Election Commissioners discuss and debate issues among themselves, such exchanges should not be characterised as dictatorship. He described such deliberations as a sign of a healthy democracy.

The BJP’s response came amid reports that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections on multiple occasions over decisions and orders associated with the SIR exercise and electoral rolls.

The Election Commission has said that differences in views and observations are a normal part of deliberations within an institution. It has maintained that decisions, including those related to SIR, were taken unanimously.

Row centres on SIR process

The controversy comes against the backdrop of the ongoing political debate over the Special Intensive Revision of electoral rolls.

Opposition parties have raised concerns over the reported differences within the poll panel, while the BJP has sought to counter those arguments by pointing to the role of discussion and deliberation in institutional decision-making.

Patra also said the BJP’s understanding of the matter was based on media reports rather than access to the Election Commission’s internal documents. He said the documents, as reported, indicated that the SIR process was finalised after democratic deliberations and consensus.

What the Election Commission has said

The Election Commission has rejected the suggestion that the reported objections indicate a breakdown in its functioning.

It has maintained that differing opinions during deliberations are part of normal institutional functioning and that the decisions eventually taken by the commission were unanimous.

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