Skip to main content

Supreme Court’s SC/ST Act ruling has diluted law, done great damage: Govt

 Supreme Court’s SC/ST Act ruling has diluted law, done great damage: Govt
The govt stressed that the Supreme Court judgement on SC/ST Act had diluted the provisions of the governing act, resulting in great damage to the country
A recent Supreme Court ruling preventing automatic arrests in cases of atrocities against scheduled castes and scheduled tribes has diluted the SC/ST Act and created great damage, the government said. The ruling was in the “teeth of the provisions of the law”, the government submitted in the Supreme Court.
“This case dealing with an issue of very sensitive nature has caused a lot of commotion in the country and is also creating anger, unease and a sense of disharmony”, the centre said.It was also stressed that the judgement had diluted the provisions of the governing act, resulting in great damage to the country.
In written submissions to the review petition, the centre, through attorney general K.K. Venugopal, said the court was not filling in gaps but was amending the Act through judicial legislation and “defeating the salutary provisions” of the SC/ST Act.Seeking a review of the judgement, the centre said it was vitiated by the fact that the court had proceeded on the basis that it can legislate, and has the power to make law when none exists.
This is “wholly fallacious” since we live under a written Constitution, of which “separation of powers between the legislatures, the executive and the judiciary is the very basic structure and is inviolable”, it added.On 3 April, the top court refused to keep in abeyance its earlier order preventing automatic arrests on complaints filed under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and asked the parties to file written submissions within two days.
The court’s March ruling triggered protests by Dalit groups across the country, with sporadic violence in a Bharat Bandh on 2 April. Attorney general Venugopal had previously urged the court to stay or clarify its ruling and claimed that it led to the dilution of the law meant to protect the marginalized.
On 20 March, a bench of justices U.U. Lalit and A.K. Goel held a public servant could be arrested only after approval of the appointing authority and of a non-public servant after approval by the senior superintendent of police, if considered necessary, for reasons recorded.To avoid false implication, a preliminary enquiry may be conducted by the deputy superintendent of police to verify if the allegations make out a case under the SC/ST Act.
Clarifying the main objective behind the order, justice Goel had clarified that the court was not trying to stand in the way of the rights of members of the scheduled castes and scheduled tribes and was concentrating on protecting false implication of an innocent person.The centre, in its petition said the order “adversely affects a substantial portion of the population of India being SC/ST members”. It was also “contrary to the legislative policy of Parliament” as reflected in the SC/ST Act, it said.
It was also the centre’s stand that any dilution of the provisions of the amended SC/ST Act would result in depriving the community of their Constitutional rights.On Thursday, the Press Trust of India reported that leaders of various Dalit organizations decided to observe 14 April —the birth anniversary of B.R. Ambedkar—as “Protect Constitution Day”.

The Business Standard, New Delhi, 13th April 2018

Comments

Popular posts from this blog

RBI minutes show MPC members flagged upside risks to inflation

RBI minutes show MPC members flagged upside risks to inflation Concerns about economic growth and easing inflation prompted five of the six monetary policy committee (MPC) members to call for a cut in the repo rate, but most warned that prices could start accelerating, show the minutes of the panel’s last meeting, released on Wednesday. The comments reflected a tone of caution and flagged upside risks to inflation from farm loan waivers, rise in food prices, especially vegetables, price revisions withheld ahead of the goods and services tax, implementation of house rent allowance under the 7th pay commission and fading of favourable base effect, among others. On 2 August, the panel chose to cut the repurchase rate—the rate at which the central bank infuses liquidity in the banking system—by 25 basis points to 6%. One basis point is one-hundredth of a percentage point. Pami Dua, professor at the Delhi School of Economics, wrote that her analysis showed “a fading economic growth outlook, as …

Shrinking footprints of foreign banks in India

Shrinking footprints of foreign banks in India Foreign banks are increasingly shrinking their presence in India and are also becoming more conservative than private and public sector counterparts. While many of them have sold some of their businesses in India as part of their global strategy, some are trying to keep their core expertise intact. Others are branching out to newer areas to continue business momentum.For example, HSBC and Barclays Bank in India have got out of the retail business, whereas corporate-focused Standard Chartered Bank is now trying to increase its focus on retail “Building a retail franchise is a huge exercise and takes a long time. You cannot afford to lose it,” said Shashank Joshi, Bank of Tokyo-Mitsubishi UFJ’s India head.According to the Reserve Bank of India (RBI) data, foreign banks’ combined loan book shrunk nearly 10 per cent from Rs 3.78 trillion in fiscal 2015-16 to Rs 3.42 trillion last financial year. The banking industry, which includes foreign banks…

Differential Tax Levy under GST: Food Firms May De-Register Trademarks

Differential Tax Levy under GST:Food Firms May De-Register Trademarks The government’s decision to charge an enhanced tax rate on trademark food brands is leading several rice, wheat and cereal manufacturers to consider de-registering their product trademarks. Irked by the June 28 central government notification fixing a 5 per cent goods and services tax (GST) rate on food items packaged in unit containers and bearing registered brand names, the industry has made several representations to the government to reconsider the differential tax levy, which these players say is creating an unlevel playing field within these highly-competitive and low-margin industries. Sources say that the move has affected the packaged rice industry the hardest and allowed the un-registered market leaders, India Gate and Daawat, to gain advantage as compared to other registered brands such as Kohinoor and Lal Qilla. Smaller players are even more worried with this enhanced rate of tax (against the otherwise …