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


Popular posts from this blog

RBI rushes in to prop up falling rupee

RBI rushes in to prop up falling rupee India’s central bank reportedly intervened in the currency markets on Monday to prevent a further slide in the local unit, which breached the 67 mark to a dollar for the first time in 15 months amid a widening trade gap and runaway import bills fuelled by high crude-oil prices. Some state-owned banks were seen selling dollars aggressively, interventions that market dealers attributed to the central bank’s strategy to stem the decline of the Indian rupee against the US currency. The rupee is the worst performing among a dozen Asian monetary units in the past three months. It lost 4.25 per cent to the dollar during the period, show data from Bloomberg. On Monday, the Reserve Bank of India (RBI) is said to have sold about Rs 800 million collectively on the spot and exchange traded futures markets, dealers said. An email sent to RBI remained unanswered until the publication of this report. The currency market has seen such a strong central bank interven…

GST Refund of Rs 20,000 Cr Pending: Exporters’ Body

GST Refund of Rs  20,000 Cr Pending: Exporters’ Body Refund of over Rs 20,000 crore on account of Goods and Services Tax (GST) is pending with the government with more than half the amount stuck as input tax credit, Federation of Indian Export Organisations said on Tuesday. While claims over Rs7,000 crore were cleared in March, the amount was Rs 1,000 crore in April.However, after exporters’ request, the GST council and tax department are organizing a second phase of Special Refund Fortnight starting May 31, which will enable exporters to draw their refunds at a speedy pace. Many exporters have been unable to file the refund of input tax credit due to technical glitches, exports and claim happened in different months. The major challenge lies on ITC refund especially because the process is partly electronic and partly manual which is cumbersome and add to the transaction cost, the exporters’ body said. On IGST, refunds are getting delayed due to airline and shipping companies not submitt…

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…