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PTI Last Updated at 09 Aug 2018, 19:08 IST India

Parliament today passed a bill to

overturn a Supreme Court order concerning certain safeguards

against arrest under the Scheduled Caste and Scheduled Tribe

law, with the Rajya Sabha unanimously adopting it amid din.

The Scheduled Castes and the Scheduled Tribes (Prevention

of Atrocities) Amendment Bill, which was passed by the Rajya

Sabha by a voice vote, had got the nod of the Lok Sabha on

August 6.

The bill rules out any provision for anticipatory bail

for a person accused of atrocities against SC/STs,

notwithstanding any court order.

It provides that no preliminary inquiry will be required

for registering a criminal case and an arrest under this law

would not be subject to any approval.

The legislation also provides that no preliminary enquiry

will be required for registering a criminal case and an arrest

under this law would not be subject to any approval.

Replying to the debate on the bill in the Upper House,

Minister of Social Justice and Empowerment Thaawar Chand

Gehlot said all those who spoke on the bill have supported it.

He said that after the implementation of the law, people

belonging to SC/ST communities were able to get justice and


"However, some people went to court due to some reason.

On 20 March 2018, Supreme Court gave some decisions which put

brakes on the Act implemented by us," he said, referring to

the provisions related to filing of FIR and arrest.

"Due to these controls, the criminals started getting

protection and the affected families stopped getting justice

and relief," Gehlot said.

The minister said there was also scope of interference in

the police procedures and therefore the government filed a

review petition, which was accepted.

He said the members have expressed some apprehensions

about the rights of the deprived classes. "Prime Minister

Narendra Modi has assured his government's commitment towards

(the interests of) backward classes. I today say that we are

committed towards safeguarding their interest."

"Some members have suggested constitution of special

courts for the Act. We have made a provision for this

in the bill. As many as 14 states have constituted 195 special

courts for deciding cases related to SC and SC Act. Some

states have declared District and Session Courts as special

court for the purpose," he said.

Elaborating on the bill, he said "we have provided for

presenting a challan in the court within two months of first

information report with complete investigation. We have also

provided for disposal of the case with two month of presenting

challan in the court."

The minister also maintained that the amendment in this

bill was not brought due to "any pressure" because it was the

Prime Minister's commitment.

During the debate, some members were of the view that the

government has brought amendment bill under pressure from the

opposition and coalition partners ahead of proposed nationwide

protest later this month to demand restoration of the

provisions of the law which, the Dalit groups allege, were

diluted by a Supreme Court ruling of March 20.

These groups have been asking the government to overturn

a Supreme Court ruling of March 20, saying it had "diluted"

and rendered "toothless" the law against atrocities faced by

the weakest sections of the society by putting additional

safeguards against arrest of the accused.

Supporting the bill, Abir Ranjan Biswas (Cong) said "we

are supporting the bill but the genuinity of feelings of the

government are fake. They have brought the bill only after 9

people were killed and many injured in a nation wide protest

against Supreme Court judgment."

He alleged that the government brought the bill due to

pressure of the opposition and its coalition partners. He also

said the conviction rate in cases of atrocities against SCs

was 1.4 per cent and in case of STs, it was 0.8 per cent.

Sarojini Hembram (BJD) also supported the bill saying all

the ministries of law, social justice and law should

coordinate properly to implement the law.

Ram Chandra Prasad Singh (JD-U) too supported it but

suggested that the cases should be investigated by an officer

of DSP and above level, while K Keshava Rao (TRS) said this

law will again be challenged in the court.

K Somaprasad (CPI-M) supported the bill and said that the

apex court judgment had diluted the law, while Manoj Kumar Jha

(RJD) said the government could have brought an ordinance to

overturn the judgment.

Kumari Selja (Cong) accused the government of not being

'pro-Dalit" and said otherwise, it would have brought the law

under the Ninth Schedule.

She alleged that every 15 minutes, a crime was committed

against Dalits and atrocities against them have been rising

even as the conviction rate was low in such cases.

Selja also alleged that the government had rewarded the

Supreme Court judge who delivered the judgement (diluting the

provisions of the SC/ST Act) by appointing him Chairman of a

crucial tribunal after retirement.

Kirodi Lal Meena (BJP) claimed that the Supreme Court

crossed its 'Lakshman Rekha' on the issue.

He objected to the collegium system, saying it promoted

casteism and dynasty and called it "unconstitutional".

Meena demanded that the collegium system should be

abolished and replaced by the Indian Judicial Sevice so that

SC/ST and other backward communities get an opportunity to

occupy higher positions in courts.

He also urged the government to seriously consider

introducing the Indian Judicial Services.

As Meena started naming opposition-ruled states where

atrocities against SC/ST communities have taken place oin the

recent past, members from the opposition objected noisily.

Amid the disruptions, Chairman M Venkaiah Naidu adjourned

the House for ten minutes till 2:43 PM.

Later, Ram Gopal Yadav (SP) supported the bill and said

it seemed as if the Supreme Court has become the third chamber

of Parliament as it was framing legislations.

Vijila Sathyananth (AIADMK) said the conviction rate

under the SC/ST Act was low at just 15 per cent as per the

National Crime Records Bureau. She said a comprehensive anti-

discrimination law was needed as crimes against SC/ST are

manifested in various forms like social boycott.

Rajaram (BSP), Narendra Jadhav (nominated), Sanjay Raut

(Shiv Sena), V Vijaysai Reddy (YSRCP), D Raja (CPI), Ram

Kumar Kashyap (ind) and Wansuk Syiem (Cong) also supported

the measure.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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