Introduction to SC/ST Amendment Act 2018
On 9th August 2018, the Parliament passed The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018.
The key aspects of the SC/ST Amendment Act 2018 include:
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Section 18 A of SC ST Act – This provision eliminates the need for a preliminary enquiry before the registration of an FIR, or the need to seek approval from any authority prior to the arrest of an accused.
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Any individual accused of committing atrocities against SC ST individuals will not be covered by the provision of anticipatory bail.
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The SC ST act allows the Investigation Officer (IO) to arrest the accused person or persons without needing approval from any authority.
SC ST Act 2018 & Supreme Court Judgement
Background:
A petition was filed against the SC ST Amendment Act 2018, arguing that the act was in violation of Articles 14, 19 & 21 of the Indian Constitution.
Article 14
: Guarantees equality before the law or equal protection of the laws within the territory of India.
Article 19
: Guarantees freedom of speech and expression.
Article 21
: No person shall be deprived of his life or personal liberty except according to a procedure established by law.
The petitioners argued that the power of arrest given to the IO should only be exercised after complying with all the safeguards listed under Sections 41 and 41A of the Cr.P.C, including:
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Scrutiny
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Credible information
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Just and reasonable procedure
Supreme Court Judgments:
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In March 2018, a two-judge bench ruled that the IO cannot automatically arrest an individual and maintained the provision of anticipatory bail for the accused.
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In September 2019, a three-judge bench of the SC reinstated the provision of automatic arrest.
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In February 2020, the following judgments were passed:
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The effect of the March 18 judgement was nullified and the SC upheld the validity of the SC ST Act.
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Pre-arrest bail should only be granted in extraordinary situations where a denial of bail would result in a miscarriage of justice.
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The provision of anticipatory bail cannot be accessed by the accused.
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The IO can arrest the accused without any approval from senior police officials.
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The FIR filed can be quashed by the court.
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 – SC ST Act 2015
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 introduced stricter provisions to the SC ST Act 1989. The SC SC Amendment Act 2015 was brought into effect in January 2016.
Key Features of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 or SC ST Act 2015:
The SC ST Act 2015, also known as the PoA act 2015, introduced new definitions and features that clarified what constitutes an offence under the act. The act serves as a safeguard for individuals or groups belonging to Scheduled Caste and Scheduled Tribes.
The act defines offences of atrocities that can result in impri
