Government has announced plans to introduce a Bill that seeks to reestablish the initial clauses of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. These provisions were discarded by the Supreme Court in a March 2018 decision. The proposed Amendment Bill aims to include three additional clauses to the original legislation.
New Clauses of the Amendment Bill
The first of these new provisions clarifies that a preliminary enquiry isn’t necessary for the registration of a First Information Report against any person. Secondly, the arrest of an individual accused of committing an offence under the Act wouldn’t require any prior approval. Finally, the stipulations of Section 438 of the Code of Criminal Procedure, which pertain to anticipatory bail, will not be relevant to a case under this Act, despite any judgment or court order. The introduction to the amendment asserts that the decision to arrest or not is at the discretion of the investigating officer, in line with the criminal procedure code that doesn’t necessitate a preliminary enquiry.
The Background of the SC Ruling
The Supreme Court’s ruling sparked protests from Dalit groups, who argued that it weakened the law and demanded the introduction of an ordinance or Amendment Bill to restore its provisions. The Supreme Court noted in the judgment that the 1989 Act has been used to blackmail innocent citizens and public servants. Over the past three decades, complainants from marginalized social sections have reportedly misused the Act to settle scores and cater to vested interests.
Effects of the SC Ruling
Following this ruling on March 20, the mandatory immediate arrest provision of the 1989 law for an accused was abolished. Moreover, those charged are now permitted to request anticipatory bail. An array of guidelines to safeguard individuals from arbitrary arrests under the Act was issued by the Supreme Court, including the directive that public servants could only be arrested with the written consent of their appointing authority. In the case of private employees, it is required that the Senior Superintendent of Police permits it.
Salient Features of the Amendment Bill
The Act clearly defines certain crimes against Scheduled Castes and Scheduled Tribes as atrocities and outlines strategies and punishments to combat these actions. All offences listed in the Act are cognizable, giving police the authority to arrest the offender without a warrant and commence an investigation without court orders. The Act also requests all states to designate an existing sessions court in each district as a Special Court to try registered cases.
The Act’s Impact on Untouchability
Article 17 of the Indian Constitution prohibits untouchability, though it doesn’t define the term ‘untouchability’. To broaden the scope of Article 17, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 was enacted to deal with more severe caste-driven atrocities against scheduled castes and tribes. There are several other constitutional provisions promoting the weaker section and preventing any form of discrimination, such as Article 46, which encourages the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.