Cabinet clears Bill to restore the provisions of SC/ST Act

Cabinet clears Bill to restore the provisions of SC/ST Act

News:

1. The Centre has decided to restore the original provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Important facts:

2. The Centre will introduce a Bill to restore original provisions of the Act, which the Supreme Court had struck down in March ruling.

Important facts:

3  The decision comes ahead of a planned ‘Bharat bandh’ by Dalit groups.

4. The Amendment Bill seeks to insert following three new clauses after Section 18 of the original act.

• Preliminary enquiry shall not be required for registration of a FIR against any person.
• The arrest of a person accused of having committed an offence under the Act would not require any approval.
• The provisions of Section 438 of the Code of Criminal Procedure, which deals with anticipatory bail, shall not apply to a case under this Act, “notwithstanding any judgment or order of any Court.

5. The Supreme Court in March ruled that:

• The court issued guidelines to protect people against arbitrary arrests under the Act, directing that public servants could be arrested only with the written permission of their appointing authority.
• While in case of private employees, the Senior Superintendent of Police concerned should allow it.
• A preliminary inquiry should be conducted before the FIR was registered to check if the case fell within the ambit of the Act, and whether it was frivolous or motivated.

6. The judgment was protested by Dalit groups. Protests intensified when the government appointed Justice A.K. Goel, who authored the March 20 verdict, as the Chairman of the National Green Tribunal on his retirement.