Allahabad High Court has given a very important and big decision regarding the Scheduled Caste and Scheduled Tribe (SC/ST) law. The court has made it clear that merely addressing a person by his caste name or abusing him during a normal quarrel will not be considered a crime under this stringent law. This comment of the court has put an end to many ongoing debates regarding the interpretation of the law.
What is the new interpretation of the High Court?
While hearing the case, the Justice bench said that the main objective of the SC/ST Act is to prevent caste discrimination and oppression. However, every small squabble or general dispute cannot be viewed through the lens of this law. The court clarified that merely taking the name of someone’s caste or general assault and abuse does not come under the purview of this law. According to the court, a case under this Act is made out only when the intention of the accused is clearly to humiliate or humiliate the other person on the basis of his caste.
Intention and importance of public space
The court emphasized in its decision that ‘derogatory intent’ is essential to prove the offence. If there is a general quarrel between two parties over some issue and during that time a caste word is used without any derogatory intention, then it will not be categorized as a crime. After this decision, now the police and lower courts will have to closely investigate the ‘intent’ and ‘circumstances’ in the cases registered under the SC/ST Act.
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