Prayagraj: The use of a caste name does not automatically constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Allahabad High Court has observed while quashing a lower court’s summons order in a case involving the alleged use of the word “Chamar”.
The High Court said that to attract the provisions of the SC/ST Act, there must be prima facie material to show that the caste-related word was used with the intention or knowledge of insulting or humiliating the complainant on the ground of caste.
Intent key to invoking Act
The court observed that merely using a caste name, without material indicating a deliberate intention to insult or humiliate a person because of their caste, would not by itself be sufficient to invoke the provisions of the Act.
The case came before the High Court against an order of the lower court summoning the accused under relevant provisions of the SC/ST Act. Examining the allegations and material on record, the High Court found that the essential ingredients of the alleged offences were not prima facie established.
The court held that an accused cannot be summoned to face trial when the allegations, even if taken at face value, fail to disclose the basic ingredients of the offence.
Summons order set aside
The High Court accordingly set aside the summons order and quashed the proceedings under the relevant provisions of the SC/ST Act.
The court, however, made it clear that its order was confined to the offences under the SC/ST Act. Any proceedings arising from separate allegations, including abuse, assault or other offences, would continue unless specifically covered by the court’s order.
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Context and circumstances crucial
The judgment underlines the importance of the context, intention and circumstances in which a caste-related word is allegedly used while determining whether an offence under the SC/ST Act has been made out. It also makes clear that the mere utterance of a caste name, without the requisite intention or knowledge to insult or humiliate on the ground of caste, cannot automatically attract the penal provisions of the Act.
