PRAYAGRAJ
The High Court in a important decision held that an offense under the SC-ST Prevention of Atrocities Act 1989 is not established merely by the fact that the complainant is a member of the Scheduled Caste. Unless there is an intention to insult a member of a Scheduled Caste. Or because the victim belongs to such caste.
Passing the above said order Mr Justice Shamim Ahmed ,said that an offense under the SC/ST (Prevention of Atrocities) Act, 1989 would be considered when a member of the weaker section of the society is humiliated in a public place. Or he may have been harassed.
According to the petitioner Bhaiya Lal Singh , that he is running a school . Where 140 students from the school participated in the 12th examination of CBSE Board for the session 2020-2021. Out of these, 129 students passed. 23 students had to appear for compartment examination. Of these, student Ritesh Sonkar did not pass.
On which Ritesh Sonkar’s father went to school and abused and abused the teachers. They created a ruckus. Threatened Manager Bhaiya Lal that he will implicate you in a false case.
Later an FIR was lodged against Bhaiya Lal Singh was abused with caste related words. After which the police started investigation under Section 143, 506 of IPC and Section 3 (1) DSA of SC-Act. After looking at the charge sheet of this case, the bench said that the victim has not been humiliated at any place in public. Neither was there any abuse nor was any caste related word used. Thus, the allegations made in the FIR are not an offense under the SC-ST Act.
The Court further said that the objective of the Scheduled Castes and Tribes Act is to improve the socio-economic conditions of people belonging to such castes, as they have been deprived of civil rights, but this does not necessarily mean that it should be misused.
