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law should be amended on the basis of past data as this law was originally
enacted in 1989.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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