02 Aug :- Given the resentment of the Dalit community, the Narendra Modi government of the Center has decided to bring the SC / ST act in the old and the original form. The proposal for the SC / ST Act Amendment Bill was approved in the Cabinet meeting on Wednesday. It is believed that the government will reinstate the original provisions of the act by presenting this amendment bill in this monsoon session.
On March 21 this year, the Supreme Court had banned immediate arrest in the cases registered under Scheduled Castes and Scheduled Tribes Torture Prevention Act (SC / ST Act 1989). The court had given the verdict that the arrest of government employees could only be done after the permission of the competent authority.
The Dalit organization had landed on the streets on April 2 against the Supreme Court verdict. The Dalit community had ‘closed India’ on April 2. The central government had to face the flames of protest. There was violence in many areas in the dalit movement across the country, in which a dozen people were killed.
Believing the Modi government responsible for the Supreme Court decision, the Dalit society was expressing resentment with the central government. The central government and the BJP were being called as anti-Dalit. Dalit organizations have once again given the ultimatum to the government that if the SC ST Act is not passed in the old form by 9th August, then it will be protesting on a large scale.
The Modi government decided to bring the SC / ST Act in its original form by considering the displeasure of the Dalits. If the government brings this amendment bill, then it will remain close. Given the Dalit votes, nobody is going to oppose it. Then it will come in its original form and there will be no meaning for the shuffling of the Supreme Court.
Assuming sources, Section 18A will be added to the basic law through the SC / ST Amendment Bill 2018. Through this old law will be restored. In this manner the provisions of the Supreme Court will be canceled and now this provision will be-
This will happen after the amendment bill –
- There is a provision for arrest as soon as the case is filed in the SC / ST Act
- The accused will not be able to get anticipatory bail, only the regular bail will get from the High Court.
- In the SC / ST case, the Police Inspector rank will be investigated.
- The complaint will be registered immediately on the complaint related to the use of negative words.
- Sc / ST cases will be heard only in the Special Court.
- Before filing a charge sheet against the government employee, the investigating agency will not have to seek permission from the Authority.
The Supreme Court did this change –
- In case of SC / ST act, no immediate arrest will be made.
- The case will not be registered immediately after getting the complaint. After getting the complaint first, an initial check will be done by the DSP level police officer.
- Can not look for more than 7 days in any aspect. Will the DSP investigate the initial results and find out that according to the complaint, whether a case is formed or is being framed by making false allegations in some manner?
- The Supreme Court had said that it was a matter of grave misuse of the Act that in this case government employees can apply for anticipatory bail.
- When the accused accused of using caste word under the SC / ST Act was presented before the Magistrate, then he had to review the reasons for the arrest before deciding to increase the custody of the accused.
- The arrest of government employees can only be done after the permission of the competent authority.
- Officers who violate directions – will also face the proceedings of the court’s contempt along with departmental action.
- But now the Modi Government is going to reverse this decision through the bill and it will come into SC / ST in its original form.