The Supreme Court has ruled that caste-based insults allegedly made inside a private residence, without public presence, would not amount to an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The Bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria delivered the ruling while setting aside criminal proceedings arising from a family property dispute. The Court noted that provisions dealing with caste-related abuse under the SC/ST Act specifically require the incident to occur ‘within public view’.
The case stemmed from allegations that certain family members used casteist remarks against the complainant during an argument linked to inherited property. However, the Apex Court observed that the alleged incident took place inside a private house and there was nothing on record to show that the exchange happened in the presence of the public or independent witnesses.
Referring to previous judicial precedents, the Bench reiterated that the requirement of ‘public view’ is an essential condition for invoking offences under Sections 3(1)(r) and 3(1)(s) of the Act. The Court explained that statements made in a personal or private setting may not automatically attract provisions of the SC/ST law unless they are publicly witnessed.
In view of these findings, the Apex Court quashed the proceedings against the accused and held that continuation of the case under the SC/ST Act would not be legally justified in the facts of the matter.
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