Overview
The Supreme Court on 22 September 2026 dismissed a petition that sought to overturn the 2015 and 2018 amendments to the SC/ST (Prevention of Atrocities) Act. The petitioner claimed the changes were arbitrary, draconian and created a reverse‑discriminatory system.
Key Developments
- The Court refused to entertain the challenge, leaving the amendments in force.
- The 2018 amendment removed the requirement of a preliminary inquiry and prior judicial approval before arrest under the Act.
- The amendment re‑expanded the list of punishable atrocities and accelerated trial timelines.
- The petitioner, Brijbhushan Saini, argued that the law now presumes guilt of non‑SC/ST accused, leading to reverse discrimination.
Important Facts
The 2018 changes overturned the Supreme Court’s earlier ruling in the Subhash Kashinath Mahajan case. That judgment had introduced safeguards to prevent misuse of the Act by requiring police to obtain prior approval before making an arrest. The 2018 amendment scrapped these safeguards, restoring the original, stricter provisions.
The petitioner warned that the amendments could be misused for personal vendetta, political rivalry or extortion, thereby eroding the rule of law.
Exam Relevance
Understanding this judgment is vital for GS‑2 (Polity) as it illustrates the balance between protecting vulnerable groups and safeguarding individual rights. The case also touches upon GS‑4 (Ethics) through the debate on reverse discrimination and the ethical implications of a law that may presume guilt based on caste status. Aspirants should note how judicial review can reshape social legislation and the importance of procedural safeguards like preliminary inquiries.
Way Forward
While the amendments remain, civil‑society groups may file fresh petitions challenging specific provisions on constitutional grounds. Law‑makers could consider re‑introducing a limited form of prior approval to curb misuse without diluting the Act’s protective intent. For UPSC preparation, keep track of any future Supreme Court pronouncements or parliamentary debates on the SC/ST Act, as they often feature in answer‑writing practice for both Polity and Ethics papers.