The SC/ST act would be valid in its original form, according to the ordinance. This will be put into effect after the Karnataka elections on May 12
The NDA government is prepared to put into effect the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) ordinance in a week, to reverse the changes the Supreme Court ordered in March, according to a report in The Economic Times.
In the Parliament’s monsoon session, the government will introduce a Constitutional amendment to put this legislation in the Ninth Schedule of the constitution, after which there can be no judiciary interventions in it.
After massive protests all across the country and pressure from the opposition, the government has circulated the ordinance draft and is consulting with its ministries. Sources told ET that home ministry, the ministry of tribal affairs and social justice and empowerment ministry have given the ordinance a green light.
The SC/ST Act would be valid in its original form, according to the ordinance. This will be put into effect after the Karnataka elections on May 12.
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On March 20, the apex court banned automatic arrests and registration of criminal cases under the act, saying that a preliminary probe by an officer of the rank of at least a deputy superintendent is must before arresting a public servant under the act.
Justices Adarsh Goel and UU Lalit had also removed limitations on granting anticipatory bail and put a condition that a public servant can be arrested after permissions are received from higher authorities.
Post the ordinance, the government will move an amendment to secure the Act under the Ninth Schedule. The amendment which will be proposed says that Act will have protection under Article 31B of the constitution.