Subhash Kashinath Mahajan case

Polity & Governance glossary

Also called: Subhash Kashinath Mahajan v. State of Maharashtra · Topic: Safeguards for Vulnerable Sections: SCs, STs, OBCs, Minorities, Women and Children · NCERT: Beyond NCERT

Meaning

In the Subhash Kashinath Mahajan case (20 March 2018), the Supreme Court diluted the SC/ST (Prevention of Atrocities) Act 1989. It allowed anticipatory bail, meaning bail granted before arrest. It also required a preliminary inquiry before an arrest. Dalit groups saw this as weakening a key protective law.

Example

The ruling led to the Bharat bandh of 2 April 2018. Parliament then passed the SC/ST (Prevention of Atrocities) Amendment Act 2018, which added s.18A. This restored the bail bar and removed the need for an inquiry or approval before arrest. On 1 October 2019 the Court recalled the Mahajan directions. In Prithvi Raj Chauhan (February 2020) it upheld s.18A.

Don't confuse with

  • Prithvi Raj Chauhan (2020): it upheld the 2018 amendment. Since then, anticipatory bail is possible only where there is no prima facie case (no case at first sight).

Related concepts

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