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Ex-CJI Gavai Calls for Parliament to Amend SC/ST Act
The SC/ST Act is a law designed to protect Dalit and tribal people from serious caste-based harm.
Former Chief Justice B.R. Gavai said the law is important but that some people misuse parts of it.
He compared this concern with the misuse of other laws, including the Domestic Violence Act.
In 2018, the Supreme Court suggested safeguards before certain arrests could be made under the Act.
The government later changed the law to reverse those safeguards.
The Supreme Court restored the original provisions in 2019.
Gavai said judges cannot rewrite the law themselves.
He said Parliament should make changes and that people can peacefully pressure lawmakers to do so.
Former CJI B.R. Gavai said some SC/ST Act provisions are misused, while stressing that Parliament—not the judiciary—must amend them.
Gavai said the law was enacted to protect Dalit and tribal communities from untouchability, discrimination and harassment.
The Supreme Court’s 2018 safeguards against automatic arrests were reversed by Parliament in 2018 and the original provisions were restored by the Court in 2019.
The article cites low conviction rates, acquittals, alleged false cases and compensation-related complaints as concerns surrounding misuse.
Gavai called for a social movement to pressure the government to introduce safeguards without scrapping the law.
- Who
- Former Chief Justice of India B.R. Gavai, Parliament, the Supreme Court and communities affected by the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- What
- Gavai said some provisions of the SC/ST Act are misused and called for Parliament to add safeguards while retaining the law’s protective purpose.
- Where
- India, including proceedings involving the Supreme Court and examples from Rajasthan, Uttar Pradesh and IIT Bombay.
- When
- Gavai made the comments during a Times Now interview broadcast on September 22, 2026; the article also discusses developments from 2018 onward.
- Why
- Gavai said amendments are needed to prevent false or improper use of the law while continuing to protect victims of caste-based atrocities.
Supporters of Strong Protections
Advocates for Safeguards
Purpose of the law
Supporters of Strong Protections
The Act is necessary to protect Dalit and tribal communities from longstanding untouchability, discrimination and atrocities.
Advocates for Safeguards
The law’s protective purpose is accepted, but its provisions should be amended where they enable false, retaliatory or financially motivated complaints.
Arrest safeguards
Supporters of Strong Protections
Restoring the original provisions preserves strong and immediate legal protection for people reporting caste-based atrocities.
Advocates for Safeguards
The 2018 safeguards were intended to prevent automatic arrests and false implication through preliminary inquiries and approval requirements.
Who should change the law
Supporters of Strong Protections
The government’s decision to restore the original provisions reflects the view that weakening the Act could reduce protection for vulnerable communities.
Advocates for Safeguards
Gavai said the judiciary cannot make the necessary policy changes and that Parliament should act under pressure from a social movement.
Key facts
- Law
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Gavai’s position
- Parliament should amend potentially misused provisions rather than abolish the law.
- 2018 Supreme Court ruling
- The Court required safeguards including preliminary inquiry and approval before certain arrests.
- 2018 legislative response
- The government passed a bill reversing the Supreme Court’s safeguards.
- 2019 judicial development
- The Supreme Court restored the original provisions, saying the earlier ruling had entered the legislative domain.
- Reported conviction trend
- The article says conviction rates fell from about 39–40% in 2020 to 32–33% in 2022.
- Compensation rules
- The article says amended rules provide staged payments, ranging from ₹1 lakh to ₹8.25 lakh depending on the offence.
Quotes
B R Gavai
Former Chief Justice of India discussing the purpose and alleged misuse of the SC/ST Act.
“People belonging to the SC and ST communities have suffered for ages on account of historical and social reasons. In order to protect them from untouchability, discrimination or harassment, this Act (SC/ST Act) was enacted. But, like many other Acts such as the Domestic Violence Act, there are always provisions that are misused by miscreants.”
opindia.com
“Judges, the judiciary can’t do anything. Parliament has to do it. Just like the Gen-Z movement created pressure, a social movement can put pressure on govt to add safeguards to SC/ST Act.”
opindia.com
Sources
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