Monday, February 10, 2020

Caste Politics: Supreme Court Upholds Constitutional Validity of SC/ST Amendment Act of 2018

The Chronology of SC/ST Act 

The SC/ST Act was enacted on September 9, 1989 by Rajiv Ghandi government just before he lost the election. Rajiv Ghandi was facing charges of corruption and Bofors Scandal and it seems he and his party devised a way to win election by playing Caste Politics. But SC ST act did not help Rajiv Ghandi at all and he lost election (to VP Singh). The rules for the Act were notified on March 31, 1995. 

In the March 20, 2018 verdict, the Supreme Court had held that there will be no "automatic arrest" on a complaint filed under the SC/ST Act and had also introduced anticipatory bail provision under the Act.

Then Modi government had passed "SC/ST Amendment Act of 2018", to nullify the effect of the court's 2018 ruling.

A batch of PILs were filed in Supreme Court challenging the validity of the "SC/ST Amendment Act of 2018". 

Today, the Supreme Court has upheld the constitutional validity of the SC/ST Amendment Act. 

Does Modi Govt get Any Credits for this?

Please note that this stringent act was made by the previous Congress government and Modi govt has only made amendment to ensure that the act remains as it was earlier. 

Why SC/ST Act and All Caste-Based Laws Should be Repealed 

SC/ST act is an outdated act made for the last century. In modern times SC/STs have got reservations in school/college admissions as well as they get government jobs and other subsidies on the basis of their castes. Such special provisions to help a few castes is violation of fundamental rights of equality in our constitution.

In the true spirits of our constitution government should not bother about castes of our citizens, forget about giving people jobs and college admissions on the basis of castes. 

Government should stop promoting a few castes in the name of SC/ST/OBC and all such caste-based laws should be repealed in our country. 

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