Section 20 SC/ST Act: Act to override other laws

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section 20 SC/ST Act at a Glance

Section 20 SC/ST Act gives the SC/ST Act overriding effect over anything inconsistent in any other law in force, custom, usage, or instrument under another law, unless the SC/ST Act provides otherwise.

Section 20 SC/ST Act Bare Act Text

20. Act to override other laws.

Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law.

Section 20 SC/ST Act in Simple Words

Section 20 SC/ST Act gives the provisions of the SC/ST Act overriding effect when a conflict arises with outside rules. Under Section 20 SC/ST Act, the provisions of the SC/ST Act take effect despite anything inconsistent contained in three sources: any other law for the time being in force, any custom or usage, or any instrument having effect by virtue of any such other law.

Because Section 20 SC/ST Act covers customs, usages and legal instruments alongside statutes, a local custom, traditional practice, or subordinate instrument issued under another law cannot defeat a provision of the SC/ST Act where the two conflict.

Section 20 SC/ST Act opens with the saving words 'Save as otherwise provided in this Act'. Where the SC/ST Act itself makes an exception or adopts another law's rule (for example, where Section 18A(1)(b) SC/ST Act applies procedure under the Code alongside the SC/ST Act), that internal rule of the SC/ST Act governs.

When Section 20 SC/ST Act Applies

  • The SC/ST Act itself does not provide otherwise on the point in question.
  • Another law in force, a custom or usage, or an instrument having effect under another law contains something inconsistent with the SC/ST Act.
  • The provisions of the SC/ST Act take effect despite that inconsistency.

Example of Section 20 SC/ST Act

Manoj faces trial before the Special Court in Shillong for an offence of atrocity punishable under Section 3 SC/ST Act. In defence, Manoj argues that a long-standing local custom in the area permits the conduct in question and should override the SC/ST Act. The SC/ST Act contains no provision saving such a custom. Under Section 20 SC/ST Act, the provisions of the SC/ST Act take effect despite anything inconsistent in any custom or usage, so the Special Court applies the SC/ST Act over the inconsistent local custom.

When Section 20 SC/ST Act Does Not Apply

  • Where the SC/ST Act itself provides otherwise, because Section 20 SC/ST Act is subject to the opening words 'Save as otherwise provided in this Act'.
  • Where the other law, custom, usage or instrument is not inconsistent with the provisions of the SC/ST Act.

FAQs on Section 20 SC/ST Act

What is Section 20 SC/ST Act?▼

Section 20 SC/ST Act states that, save as otherwise provided in the SC/ST Act, the provisions of the SC/ST Act take effect despite anything inconsistent in any other law in force, any custom or usage, or any instrument having effect under another law. When a conflict exists, the SC/ST Act prevails over the inconsistent rule.

Can a local custom or usage override a provision of the SC/ST Act under Section 20 SC/ST Act?▼

No. Under Section 20 SC/ST Act, the provisions of the SC/ST Act have effect despite anything inconsistent in any custom or usage, unless the SC/ST Act itself provides otherwise.

What do the opening words 'Save as otherwise provided in this Act' mean in Section 20 SC/ST Act?▼

An internal exception within the SC/ST Act still applies. Where another provision of the SC/ST Act itself adopts or yields to another rule, Section 20 SC/ST Act preserves what the SC/ST Act provides.

Does Section 20 SC/ST Act also override inconsistent instruments made under another law?▼

Yes. Section 20 SC/ST Act expressly covers any inconsistent instrument having effect by virtue of any other law for the time being in force, unless the SC/ST Act provides otherwise.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ·