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1978 Supreme(Guj) 100

M.K.SHAH
PATEL LILABHAI HIRABHAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.H.THAKAR, M.C.BAROT

M. K. SHAH, J.

( 1 ) THE question therefore which requires to be considered is whether the following words proved to have been uttered by the accused while addressing the complainant when he was reading a newspaper in a public place viz. a public library amount to an offence within the meaning of sec. 7 (1) (b) and sec. 7 (1) (d) of the Civil Rights Act. The words are now translated into English it would read Sale Dheda keep away you have polluted us. Sala in Gujarati in the context in which it is used is a word of insult and abuse and conveys a meaning akin to rascal. There cannot be any dispute that the word Dheda not only refers in a derogatory sense to the community of the complainant who is a Harijan that is a member of the scheduled caste but it is also a word expressing contempt towards a member of the community to whom it is addressed denoting hatred for the community whose members are considered untouchables. The next two words command the complainant to keep away. That means he should not mix with and touch anyone of the high-class Hindus and this is amply borne out by the next two words which show a sense of disgust at the action of the complainant in sitting and reading



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