Not every insult against SC/ST individuals constitutes an offense under SC/ST protection law: SC
New Delhi: The Supreme Court ruled on Friday that merely insulting or intimidating a member of a Scheduled Caste (SC) or Scheduled Tribe (ST) does not constitute an offense under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, unless there is a specific intent to humiliate the individual based on their caste identity.
The judgment was delivered while granting anticipatory bail to Shajan Skaria, editor of the YouTube channel "Marunadan Malayali," who was accused of violating Section 3(1)(r) of the SC/ST Act for allegedly making derogatory remarks against P.V. Sreenijin, a Communist Party of India Marxist MLA from Kerala and a member of a Scheduled Caste community. Sreenijin alleged that the video was uploaded with the intent to humiliate him publicly, knowing that he belongs to the Pulaya community, which is classified as a Scheduled Caste. The video criticised the administration of a sports hostel managed by Sreenijin.
The Supreme Court clarified that mere knowledge of the victim's caste is insufficient to invoke the Act's provisions. The insult or intimidation must be directly related to caste identity and intended to perpetuate caste-based discrimination or untouchability. The court found that the transcript of the video did not indicate that the remarks were made solely because Sreenijin belongs to a Scheduled Caste.
Justice Pardiwala, who delivered the judgment along with Justice Manoj Misra, observed that the SC/ST Act is meant to address offenses targeting individuals specifically because of their caste status. However, the law does not apply to every instance where an SC/ST person is insulted or intimidated unless the act is intrinsically tied to their caste identity. The court noted, "Not every intentional insult or intimidation of a member of an SC/ST community will result in a feeling of caste-based humiliation." Only cases where the insult or intimidation is linked to practices of untouchability or reinforces notions of caste superiority can be prosecuted under the Act.
The court concluded that the accusations against Skaria did not meet the criteria for prosecution under the SC/ST Act, as the intent behind the video did not appear to be caste-related. "The video has nothing to do in general with the members of Scheduled Castes or Scheduled Tribes. His target was just the complainant alone," the court reasoned.
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Tumakuru: Dalit family allegedly prevented from entering temple; accused arrested
Tumakuru: Police in Turuvekere have arrested a 65-year-old man for allegedly obstructing a Dalit family from entering a temple and making caste-based remarks, officials said on Saturday.
The accused, identified as Rajanna, has been booked under provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act based on a complaint filed by Rangaramu T. of Thuyalahalli village.
According to the FIR, the incident took place on April 18 around 5:30 pm when Rangaramu T. and his family visited the Sri Ranganathaswamy temple in Mallur village to offer prayers. It states that the accused allegedly objected to their entry and made remarks referring to caste hierarchy and questioning their presence inside the temple premises.
The FIR further states that the accused made additional remarks asserting that such entry into the temple was not permitted and asked the family to leave. It also mentions that the complainant was subjected to mental harassment through these statements.
Following the complaint, DySP Om Prakash Gowda along with revenue officials and police visited the spot and conducted an inspection.
Further investigation is underway.
