38.6c New Delhi, India, Monday, November 28, 2022
Top Stories
Interviews Know The Law Book Reviews Videos
About Us Contact Us
Judiciary

Supreme Court Will Not Stay SC/ST (Amendment) Act, 2018

By Editor : Shreya Bansal      Sep 08, 2018      0 Comments      992 Views
Supreme Court Will Not Stay SC/ST (Amendment) Act, 2018

On Friday (September 7th, 2018), the Supreme Court of India refused to stay the recent amendments to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The matter came before the court in a petition filed by Prathvi Raj Chauhan, a lawyer, seeking to declare the new amendments as ultra vires.

Admitting the petition, a Bench led by Justice A.K. Sikri directed the government to reply to allegations that the amendments were made to appease the Dalits ahead of the 2019 general election.

Counsel appearing for the Petitioner asked the Bench to stay the operation of the new provisions till the petition is being heard by the court.

To this, the Bench said that “What stay? It is now a legislation and cannot be stayed at this stage." The counsel said the government has brought in the new provisions to overrule the verdict passed by the court and without removing the defects.

Further, Mr. Chauhan said in his petition that “after this unconstitutional amendment, this court is not expected to adopt a passive or negative role and remain bystander or a spectator if violation of rights is observed.”

On August 9, 2018, Parliament passed the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Bill, 2018 to overturn the apex court order concerning certain safeguards against arrest under the SC/ST law.



Tags:
Scheduled Castes and Scheduled Tribes
Share this article:


Editor : Shreya Bansal
Editor
     



Leave a feedback about this




Related Posts
View All

TRENDING NEWS


TOP STORIES


ADVERTISEMENT


Lawstreet Advertisement

Signup for Our Newsletter

Get Exclusive access to members only content by email