Verbal abuse based on caste within a house without outsiders present is not considered an offense under the SC/ST Act, according to the Allahabad High Court. Only abuse in a public place can be subject to trial.
The Court dismissed a case against a school owner accused of failing students in Class XII. The accused allegedly offered money to silence the complainant and threatened him, but the Court found no evidence of caste-based abuse in public. The Court concluded that the allegations made by the complainant do not constitute an offense under the SC/ST Act as they did not provide any details about the nature of abuses. Independent witnesses also did not support the complainant’s case.
The court noted that the complainant stated the incident occurred inside his house, not in public view. The court noted that “Section 3(1)(s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989- abuses any member of a Scheduled Caste or a Schedule Tribe by caste name in any place within the public view”
Thus, the basic ingredient of the offence under Section 3(1)(Dha) can be clarified as abuse of any member of Schedule Caste or a Schedule Tribe by caste name in any place within the public view.
The court also stated that the accused had no responsibility for the students’ examination process. The Court criticized the Magistrate for not considering the evidence properly and relying solely on the chargesheet. It questioned the use of a specific section of the Indian Penal Code and concluded that there was no unlawful assembly. The Court also noted the allegation of criminal intimidation involving a settlement offer of ₹5 lakh. The Court found it difficult to believe that the accused would offer money without authority over exam results. The story seemed unbelievable and lacked independent
witnesses, so the Court ruled the incident did not occur. The trial court’s orders were quashed.
CASE NAME : Bhaiya Lal Singh v. State of U.P. Thru. Prin. Secy. Home Lko. And 2 Others
Kavya Jaggi, B.B.A.LL.B 5th Semester , Jai Narain Vyas University , Jodhpur, intern under legal vidhiya.
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