Bill to restore arrest provision in SC/ST act gets cabinet nod

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018 to amend the original law of 1989 was approved by the Union Cabinet.
The Union cabinet has given nod to restore provision of the SC/ST act. (PM Modi along with his cabinet Colleagues. | File/EPS)
The Union cabinet has given nod to restore provision of the SC/ST act. (PM Modi along with his cabinet Colleagues. | File/EPS)

NEW DELHI: Ahead of the Bharat Bandh called by Dalit groups for August 9, the Union cabinet on Wednesday said the government would introduce a bill in the ongoing monsoon session of Parliament to undo the alleged dilutions in the law on prevention of atrocities against people of scheduled castes and tribes.

Dalit groups have been asking the government to overturn the Supreme Court ruling of March 20, saying it had “diluted” and rendered the law “toothless”.

The government said the Cabinet has approved the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill 2018, which restores the original provisions to prevent atrocities against the SCs/STs.The Supreme Court had said there cannot be any arrest before an enquiry, and the arrest of government officials would require prior sanctions.

The amendment bill seeks to restore the power of the investigating officer to arrest an accused who is alleged to have committed atrocities against SCs/STs. It also rules our any provision for anticipatory bail for the accused “notwithstanding any judgement or order of any court,” Union minister Ram Vilas Paswan said.

“The government will bring the bill before Parliament in the current monsoon session itself. The bill has restored provisions to safeguard the interests of the SC/STs,” said a senior official.The NDA ally Lok Janshakti Party had asked the government to either come up with a bill or an Ordinance to negate the order of the Supreme Court on the issue. While briefing the media after the Cabinet meeting, Union Minister for Law and Justice Ravi Shankar Prasad refused to divulge details of the bill since Parliament is in session.

Original provisions back in legislation
The bill rules out any provision  for anticipatory bail to a person accused of atrocities against SC/STs, notwithstanding any court order, while it also  provides that no preliminary enquiry will be required for registering a criminal case  (FIR) and an arrest under this  law would not be subject to  any approval

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