SC/ST Act: No stay on SC's 'no instant arrest' ruling; all you need to know

The Supreme Court on Thursday rejected the Centre's demand for a stay on the court's March 20 ruling on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 or SC/ST Act, saying the judgment was only aimed at putting a filter on immediate arrest.

"We have made it clear that there is no bar on arrest if any other offence is committed. The judgment does not say there should be no FIR but the judgment simply puts a filter on immediate arrest", the court said.

The Centre has filed a review petition in the Supreme Court over its recent ruling on the SC/ST Act.

In a bid to check the misuse of the SC/ST Act, the apex court had on March 20 ruled that preliminary enquiry in a case under the Atrocities Act would be done by a Deputy Superintendent of Police (DSP) to ensure the allegations are not frivolous, and to avoid the false implication of an innocent person.

The court also held that a government official could not be prosecuted on the mere allegation of committing an offence under the Act without the sanction of the appointing authority.

SC/ST Act dilution: Over a decade, crime rate against Dalits rose by 746%

Over the decade to 2016, the rate of crime against dalits rose more than eight times (746%); there were 2.4 crimes per 100,000 dalits in 2006, rising to 20.3 in 2016, according to an IndiaSpend analysis of 2016 National Crime Records Bureau (NCRB) data, the latest available.

The rate of crime against adivasis or scheduled tribes grew by over 12 times (1,160%)–from 0.5 in 2006 to 6.3 in 2016.

However, cases pending police investigation for both marginalised groups has risen by 99% and 55% respectively, while the pendency in courts has risen by 50% and 28%, respectively. The conviction rates for crime against SCs and STs have fallen by 2 percentage points and 7 percentage points, respectively, to 26% and 21%, from 2006 to 2016.

On March 20, 2018, the Supreme Court expressing concern over the misuse of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989, ruled there shall be no immediate arrest of a citizen or public servant without prior permissions for crimes registered under the Act. It also introduced the provision of anticipatory bail if the complaint was found to be malafide.