Disha Law Firm

Mere Insult Of A Person Is Not An Offence Unless It’s On Account of Him/Her Belonging To SC-ST: SC

Referring to the provisions of the SC & ST (Prevention of Atrocities) Act the bench, comprising Justices Hemant Gupta and Ajay Rastogi observed that all insults or intimidations to a person will not be an offence under the Act unless such insult or intimidation is on account of victim belonging to Scheduled Caste or Scheduled Tribe. The court noted that the basic ingredients of the offence under Section 3(1)(r) are 1) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe and 2) In any place within public view”

CRIMINAL APPEAL NO. 707 OF 2020: HITESH VERMA vs. STATE OF UTTARAKHAND [CRIMINAL APPEAL NO. 707 OF 2020]

Judgement states “The object of the Act is to improve the socio-economic conditions of the Scheduled Castes and the Scheduled Tribes as they are denied number of civil rights. Thus, an offence under the Act would be made out when a member of the vulnerable section of the Society is subjected to indignities, humiliations and harassment. The assertion of title over the land by either of the parties is not due to either the indignities, humiliations or harassment. Every citizen has a right to avail their remedies in accordance with law. Therefore, if the appellant or his family members have invoked jurisdiction of the civil court, or that respondent No.2 has invoked the jurisdiction of the civil court, then the parties are availing their remedies in accordance with the procedure established by law. Such action is not for the reason that respondent No.2 is member of Scheduled Caste.”