UPSC Express

Headline : SC reserves verdict on changes to SC/ST law

Details :

The News

• Recently, the Supreme Court has reserved its judgment on a batch of petitions challenging the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018.

 

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989

• Objective: to prevent atrocities against scheduled castes and scheduled tribes.
• A person accused of such a crime cannot get anticipatory bail, but soon after his arrest, he can get regular bail even in offences where the punishment is just six months.

 

Timeline

• On 20 March 2018, Supreme Court gave its judgment banning registration of criminal cases and automatic arrests under the SC/ST Act and allowing anticipatory bail to those booked for committing atrocities against the SCs and the STs
• The verdict triggered a nationwide protest by the Dalit community costing loss of lives and property.
• The government filed a review petition and subsequently amended the 1989 Act back to its original form through the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018.
• Several petitions were filed last year challenging the amendments. However, the Supreme Court had refused to stay the implementation of the amendments.

 

Changes in Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 after the March 20 Supreme Court Judgement

• The top court banned registration of criminal cases and automatic arrests under the SC/ST Act.
• The public servants cannot be prosecuted without the approval of the appointing authority and private citizens can be arrested only after an inquiry under the law.
• A preliminary inquiry under the Act would be conducted by the Deputy Superintendent of Police to be certain that the allegations are not superficial.
• The amendment in the law was a bid to protect honest public servants discharging bona fide duties from being blackmailed with false cases under the Act.
• Earlier provisions in the Act provided for taking immediate action in respect of any complaint relating to harassment of a victim, informant or witness, etc. Any such complaint shall be tried separately from the main case and be concluded within two months.

 

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018

• The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018 nullified a controversial March 20 Supreme Court judgment.

For amendment Act : There had been no decrease in the atrocities committed on the SCs/STs despite the laws meant to protect their civil rights and they continue to face the same social stigma, poverty and humiliation. Thus it is necessary to safeguard their rights by restoring original act.

Against amendment act: Article 21, the fundamental right of an individual cannot be protected if an innocent is jailed on a complaint without its prior scrutiny.