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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Maharashtra sets up state vaccination task force to strengthen immunisation programme
Mumbai (PTI): The Maharashtra government has set up a State Vaccination Task Force to strengthen the regular immunisation programme and review the progress of related campaigns, a health department official said on Monday.
The State Vaccination Task Force will comprise at least 29 members and will be headed by the administrative head of the health department, he informed.
The government has also constituted separate district-level and municipal vaccination task forces to improve implementation and address challenges at the grassroots level, he said.
Municipal task forces, chaired by respective civic commissioners, have been constituted in view of the vast urban population in Maharashtra and the role of civic bodies in implementing different health programmes.
The district-level task forces will function under the chairmanship of collectors.
"Complete immunisation of children at the appropriate age is an extremely simple, cost-effective and highly effective measure to reduce child mortality and the prevalence of diseases among kids. Immunisation is a powerful tool for reducing illness in children," maintained the official.
To ensure full vaccination of all children, the state government implements various campaigns from time to time as per the central government guidelines, he pointed out.
"Active participation and cooperation of other relevant government departments are essential (in making these campaigns successful)," according to the official.
The state-level body will review the regular immunisation programme, associated campaigns and vaccine-preventable diseases in detail. It will also conduct focused assessments of high-risk districts and municipal corporations, including vacancies at district, municipal and sub-district levels, availability of cold chain equipment, resource gaps and training requirements, he noted.
The state task force will review allocation and utilisation of funds for immunisation and ensure timely action by officers concerned based on reports from district and municipal task forces and state-level monitoring mechanisms, the official said.
It will also ensure active coordination and participation of other government departments in immunisation drives, while district and municipal task forces will carry out similar functions at their respective levels, the official added.
