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Government will bring ordinance on SC/ST Act if needed: Paswan

Government will bring ordinance on SC/ST Act if needed: Paswan

"This judgment has diluted, for the reasons stated, the provisions of the Atrocities Act read with the Code, resulting in great damage to the country". However, in its hearing on April 3, the Supreme Court said it would not go by any agitation and declined an interim stay on its March 20 verdict.

He further noted that the case has caused a lot of commotion in the country.

As Dalits demand ordinance to undo Supreme Court's "dilution" of the SC/ST (Prevention of Atrocities) Act, Centre tells court the entire judgment is "vitiated".

Written submissions drafted by attorney general KK Venugopal and submitted to the court on Thursday support the review petition filed by the Centre against the judgment, which made a "preliminary enquiry" of a complaint under the law mandatory before the registration of a first information report (FIR) by the police.




The Supreme Court had said that the provisions of anticipatory bail have been introduced by its verdict "as, unlike other laws, no forum was available for the innocents to seek remedy under the Act".

He also referred to the Protection of Civil Rights Act, 1955 and Rules, 1977 and SC and ST (PoA) Act 1989 and SC and ST (PoA) Amendment Act 2015 and gave a total picture on their implementation in true sense in defence of crores of dalits and Adivasis in the country during the period. The court said an accused public servant can only be arrested with the permission of the appointing authority and, if it concerns a person who is not a public servant, permission has to be obtained from the district SSP. The next day, the court refused to freeze its decision and said its intention was to protect individual rights.

It was the Modi government which amended the Act in 2016 to make it comprehensive and stringent, he said. "Provisions of the Act can not be used to terrorise the innocents", the court said.

The AG had said it was Parliament that makes the law and it believes that the SC/ST community needed to be protected from the atrocities. A law placed under the Schedule is not open to judicial scrutiny.


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