The Supreme Court on Monday upheld the constitutional validity of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018, which the Narendra Modi government had brought in to nullify an SC order diluting stringent provisions of the law.
The 2018 Supreme Court verdict had made a provision for anticipatory bail to offenders under the law. However, after strong protests against the dilution across the country, the Modi government removed this provision to bring the law back to its original form.
On Monday, a three-judge bench led by Justice Arun Mishra upheld the amendments, ruling that though the provision of anticipatory bail is not available under the law, courts can quash FIRs in exceptional circumstances. The court also ruled that preliminary enquiry is not a must in cases of atrocities against SCs/STs, and no prior approval of an appointing authority or senior police officers is required before filing FIRs.