Thursday, September 27, 2018

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act 2018,

On 20th March 2018, Supreme Court of India in case Dr. Subhash Kashinath Mahajan vs The State Of Maharashtra, Criminal Appeal 416 of 2018, held that Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, process of Court was abused in this case; there is no absolute bar in this Act for anticipatory bail, arrest should be only after approval which can be scrutinized by Magistrate for further detention; to avoid false implication of innocent, complaint can only after enquiry by Deputy Superintendent of Police; in case of false complaint, complainant would be liable for disciplinary action and contempt of Court.
On 17th Aug. 2018, Parliament of India passed Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act 2018, which received assent of President of India to make it a law. By this amendment, decision of Supreme Court of India was nullified.
This matter was largely agitated and debated by public in India.
Our Law Firm is of the view that law should be amended on the basis of past data as this law was originally enacted in 1989. Article 15 of Constitution of India prohibits discrimination on ground of sex, caste, religion or place of birth. Since long this prohibition is not achieved and for extraneous consideration for political gain; political parties are trying to appease some group to keep them in their vote bank, which is abuse of democratic process. State should endure to make country free of caste, which State has failed in many decades. It is equally responsibility of State to prevent misuse of law or filing of false complaint. The Amendment is inclined to one side and ignored that on false complaint fundamental of right of liberty shall be breached without judicial review and a person shall be victimized without trial.

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