Just calling someone ‘low’ not enough to invoke SC/ST Act: High Court
Jodhpur (The Uttam Hindu): In an important and far-reaching decision, the Rajasthan High Court has clarified that simply calling a person a common derogatory term like "lowly" does not automatically invoke the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act). In making this ruling, the bench of Justice Virendra Kumar stated that a case under this Act is made out only if it is proven that the insult was specifically based on caste and that the accused had prior knowledge of the victim's caste.
What was the IIT Jodhpur controversy of 2011?
This case has its roots in 2011. The incident occurred when government officials arrived at the site to investigate encroachment in connection with a dispute involving IIT Jodhpur. During the officials' action, some people present there began protesting. It is alleged that during the protest, the protesters used words like "lowly" and "beggar" to describe the officials. Considering this a caste-based insult, the officials filed a police FIR, invoking sections of the SC/ST Act as well as the Indian Penal Code (IPC).
Arguments of the accused and the reasoning of the court
The accused filed a petition in the High Court challenging the charges against them. They argued that they had no knowledge of the caste of the officers involved, and therefore, there was no question of intentional caste-based insults. They also stated that the words spoken did not indicate any particular caste, and that no independent witnesses were present at the time of the incident.
During the hearing, the High Court observed that while the words used may have been derogatory, they did not point to any particular caste. The Court emphasized that clear and concrete evidence of caste-based insults is essential for the application of the SC/ST Act. Mere words spoken in casual conversation cannot be considered caste-based atrocities.
Sections of the SC/ST Act have been repealed, but the case will continue.
After hearing all the arguments, the High Court granted a significant relief to the accused by quashing the SC/ST Act charges against them. The court held that this case did not constitute caste discrimination. However, the court also clarified that the accused had not been completely acquitted. The case will remain under sections of the Indian Penal Code relating to obstructing, manhandling, and obstructing public servants from performing their duties, and the lower court will hear the case further on these charges.