Insulting or intimidating an SC/ST person within 4 walls of the building not an offence under SC/ST Act, 1989

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The matter: In the said case, an FIR was filed; stating that the accused had entered the four walls of the building illegally, abused, gave death threats and also hurled casteist remarks against the victim. An appeal was filed at the Supreme Court against the decision of the High Court which refused to quash the charge sheet filed under SC/ST Act, 1989.

The bench of Hon’ble Justices L. Nageshwar Rao, Hemant Gupta and Ajay Rastogi was considering the matter. 

The Court further noted that an offence under the Act cannot be designated merely on the fact that the informant is a person from SC/ST; there has to be an intention to humiliate such a person for belonging from that caste and all the insults cannot be put under the SC/ST Act.

It added: 

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 Court held that the charges made against the appellant under the Section 3(1)(r) of the Act are not made out and the charge sheet stands quashed.

Anusha Richa Mishra
"Let justice be done, though the heavens fall" I am Anusha Richa Mishra and I believe that justice is for everyone and the correct approach towards it is to spread awareness, to awaken, uplift and enable each and every individual so that they get what look wish for. I am a Graduate in Economics and am currently pursuing my degree of LLB from BVDU’s New Law College, Pune. I aspire to contribute to the society through my efforts and approach towards a just environment where we co-exist, follow the law and worship the Constitution.