In Brief
The Supreme Court upheld the constitutional validity of the 2018 Amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Section 18A of the amendment removes requirements for preliminary enquiry before FIR registration and eliminates the need for approval from authorities before arrest. The Court recalled its prior directions in Dr. Subhash Kashinath Mahajan that had imposed such restrictions, finding them impermissible and discriminatory. The Court held that such judicially imposed riders undermine the Act's protective purpose. The exclusion of anticipatory bail under Section 438 CrPC does not violate Article 21. Courts retain inherent power to grant pre-arrest bail only in exceptional cases where no prima facie offence is made out. The Act embodies constitutional protection for historically oppressed communities and must be enforced to achieve substantive equality and fraternity.
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