SC/ST Amendment Act, 2018: A Protection or a Curse for the Country?

The Hon’ble Supreme Court on 24th January, 2019 refused to stay amendments made to the SC/ST (Prevention of Atrocities) Act which restored no anticipatory bail provision in the act for the accused against the complaint filed by an SC or ST.
Justice A.K Sikri declared that the pending review petition filed against this court’s verdict in March 20, 2018 by the Centre and the pleas challenging new amendments made in the SC/ST verdict will be taken up together. The Bench will be reconstituted by the Chief Justice as Justice U.U Lalit was a part of the verdict, taking note of the severe misuse of the SC/ST Act against government servants and general caste, the court held that there shall be no immediate arrest on a complaint filed under the act.
But, the Parliament by way of amendment on August 9, 2018 inserted a new section 18A in the Act, 1989, which is in contrast to the court-imposed requirements of undertaking preliminary inquiry and of procuring approval prior to making arrest. The amendment also restores the arbitrary ban on grant of anticipatory bail on the occasion of complaint filed under the act.
Therefore, a PIL challenging the new amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 has been, inter alia moved by Advocates Prathviraj Chauhan and Priya Sharma. The grievance of the petitioner arises from the fact that the review of the controversial verdict of the Supreme Court in Dr. Subhash Kashinath Mahajan case lies pending; the Parliament cleared the amendment rendering the judgement redundant.
The reason behind a haste amendment was the massive unrest across the nation in the wake of which the Union of India and several State Governments sought a review of the verdict to prevent political instability.
The petitioners plead to stay the 2018 amendment in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 in the wake of protection of the Fundamental Rights of the Non-SC/ST until the verdict, but the apex court refused this pleading for now.

By-
Tanishka Grover
Student Reporter INBA