ST & ST Act amendments 2018- Government vs Supreme Court

Scheduled Castes and Scheduled Tribes (Atrocities Prevention) Act (ST & ST Act), 2018- Government vs Supreme Court

Hello friends, Scheduled Castes and Scheduled Tribes Atrocities Prevention Act (ST & ST Act), 2018 are now quite a headlines in the news; recently, In the states like Madhya Pradesh, Bihar, Rajasthan, Uttar Pradesh etc., the upper castes are being protested against the Central Government recently passed by the SC & ST(Prevention of Atrocities) Amendments Acts 2018 by the Parliament . What the provisions have been added by the government in the Act that the upper castes are being protested on the streets. Firstly, the Scheduled Castes and Scheduled Tribe Act, made in 1989, knows something about the act.

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The Justice

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

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which had been provided for the protection of Scheduled Castes and Scheduled Tribes. The provision of penalties was made by the provision of many things in Section 3 of the Act and providing protection to them. If a person who is not a member of Scheduled Caste or tribe, does abusive words, the caste related derogatory remarks, throw dirty things at home, sexual harassment of woman, and  occupy the land etc., against the members of Scheduled Castes or Scheduled Tribes  If he does anything else in Section 3 and he will be punishable under the section of 3 SC & ST Act 1989.

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The process of the police after lodged an FIR:

Once the complaint is received from the Scheduled Caste and Scheduled Tribes to the police, the case is registered at the police station immediately and all the forms, documents of the lawsuit are sent to the circle officer's office (DSP Office) for consideration or investigation, Such lawsuits have the provision of immediate arrest to the accused party.

The reason for the opposition, recently given judgement by the Supreme Court about the SC & ST Act:

The reason for the controversy is recently the judgement of the Supreme Court about the SC and ST Act, in which the Supreme Court has given significant importance to its decision on March 20, while expressing concern over misuse of Scheduled Castes and Scheduled Tribes Atrocities Act. In view of the rising cases of blackmailing the civil servants by the Supreme Court, many provisions were normalised in the Scheduled Castes and the Scheduled Tribes Act, where the major provisions are

1. In case of SC and ST act lawsuits, complaint of the victim will not be registered directly on the application of the victim.

2. Initially, the DSP will conduct a primary enquiry for up to 7 days, if the charges in the investigation are found to be true then the case will be registered. This will reduce the number of false cases.

3. There will be no direct arrest after the registered case.

4. The defendant will be able to take anticipatory bail.

5. Government employees will be arrested prior permission to the competent officer (no less rank from the appointment officer) and the general person's arrest must be taken prior permission from the SSP.

After the Supreme Court judgement: -

This judgement of the Supreme Court has been widely opposed across the country by members of scheduled castes and tribes. In many states, Bharat Bandh was also called across the country. In the Central Government, Ram Vilas Paswan (Lok Jan Shakti Party) and Ramdas Athawale (Republican Party of India) were pressurized to apply the old situation by bringing an ordinance to the government until the formation of the Act. The Government has passed the initial ordinance and after passed the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 2018 due to the above pressure.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2018 (Main provision): -

The revised act included some new provisions which were not previously applicable-

1- The old condition has been restored, the primary enquiry will not be required before registering the case; as get the complaint of the victim the case will be registered in the respective sections.

2-The defendant party will be arrested immediately.

3- No prior permission will be required before the arrest.

4- Some new crimes have been included as the head of hair cutting or whisking, wearing sandals, refusing to provide irrigation facilities, force a schedule caste or tribal to place the body of human or animal, social or To boycott economically, to prevent SC or ST candidates from contesting elections, to abusive caste names, to stave off or to force it, to leave home or village, to repress woman honour, to touch women or use abusive words against them.

5- The amount of compensation to the victim has also been increased.

6- The compensation amount must be given to the victim within 7 days.

7- The police will file a charge sheet in the court within 60 days.

8- For the trial of such cases, a special court will be constituted at the district level, which will quickly hear such lawsuits.

9- The respondent will not be able to take anticipatory bail.

10- In such cases, the court itself can also take cognizance.

11- Members of Scheduled Castes and Scheduled Tribes will also be given financial help for the case.

12- Special prosecuting officers will also be appointed in such cases.

13- Penalty or punishment has been made from 06 months to 5 years.

14- If the case will be found false by the investigation then the police could not take any legal against the members of the SC & ST Act according to the new provisions.

Supreme Court will examine the provisions made in Schedule Castes and Scheduled Tribes Amendments Act: -

Recently, many petitions have been filed in the Supreme Court to challenge this new act. The Supreme Court (the bench of Justice AK Goel and Justice Ashok Bhushan) will review the provisions made in Scheduled Castes and Schedule Caste Revised Acts. In this case, the Supreme Court has directed the Centre to file an affidavit within six weeks. In the upcoming future what will be the judgement of the supreme court will see.

Conclusion:-

One thing from the Supreme Court's judgement and the analysis of the government's law is clear that the government has made an act to please the Scheduled Castes and the Scheduled Tribes so that they can take advantage of it in the forthcoming Lok Sabha elections and the Supreme Court has decided this To prevent false cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is absolutely true that most of the indictment started getting registered in Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act. The act was being misused. The Scheduled Castes and Scheduled Tribes started lodging first information report in mutual contests. The government not only restored prior provisions of the Act but also strengthened it from earlier. The Supreme Court also seems helpless before the government even after giving the right decision, it proves to be clear. Understand the new provisions with an example. If a person belonging to a Scheduled Caste or tribe is registered a case against non-members of SC & ST, that of caste-related abusive words then the police will have to immediately arrest the defendant after the case registered and the defendant will not take anticipatory bail from the court. The police will also file a charge sheet within 60 days. If it clearly found after investigation that the case registered was totally false, then no legal action can be taken against ST & ST members (the complainant).

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