SC/ST ACT CHARGES DROPPED AS ‘BHANGI, NEECH’ NOT CASTE NAMES VY RAJASTHAN HC

by | Nov 16, 2024

Headline

The Rajasthan High Court stated that use of non-caste-specific words does not come  under SC/ST Act.

Summary

The Rajasthan High Court dropped the charges under the SC/ST Act against 4 men who were accused for using non-caste-specific derogatory words against public officials inspecting encroachments. Justice Birendra Kumar stated that the words used does not show  any caste reference or intention to be embarrassed based on caste, while upholding charges under other IPC sections .

Key Facts

  • Case Name: Achal Singh & Ors. vs. State of Rajasthan & Anr.
  • Judge Name: Justice Birendra Kumar.
  • In 2011, Jaisalmer public officials inspecting the intrusion were abused verbally.
  • SC/ST Act charges were dropped due to lack of caste-specific abuse and independent witnesses.
  • Charges under IPC Sections 353 and 332 for blocking public duty were upheld.

Legal Insights

  • The application of the SC/ST Act is only when derogatory words explicitly related to caste and are used with intention to degrade an SC/ST member in public view.
  • Non-caste-specific humiliation and lack of evidence in public view nullify SC/ST Act applicability.

Impact

This judgment narrows the extent of the SC/ST Act, by making sure that it is applied only in cases with clear caste-based abuse or discrimination.

Why It Matters

The decision shows the significance of intent and evidence in deciding the applicability of strict caste-based laws.

Source: 

 

 

 

 

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

Related Posts