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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN
C.M. Kusuman S/o Madhavan – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. allegations of insult during staff meeting. (Para 1) |
| 2. arguments on intent and context of insult. (Para 3 , 4) |
| 3. interpretation of section 3(1)(r) of the act. (Para 5 , 6) |
| 4. context of vulnerability in caste-based discrimination. (Para 7) |
| 5. court dismisses the application. (Para 8) |
ORDER :
1. Petitioner is the accused in Crime No.125 of 2022 registered at the Velloor Police Station for the offence under Section 3(1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Act' for short) now pending as S.C.No.695 of 2022 on the files of the Sessions Court Kottayam. The case originated from a complaint filed against the petitioner by the 3rd respondent. The petitioner is the Principal of the D.B College, Keezhoor, whereas the 3rd respondent is an Assistant Professor in the Department of Journalism at that college. Briefly put, the allegations in the complaint are as follows:
On 07.02.2022 at 01:30 pm, the petitioner convened a meeting of the staff members of the college to explain the reason for terminating an employee. While addressing the meeting, the petitioner noticed the 3rd respondent typing on his mobile phone and question
Insults qualifying under the SC/ST Act require intention to humiliate based on caste and must occur in public view.
Insults must be intentionally linked to caste status and occur in public to invoke penalties under the SC/ST Act.
Mere allegations without evidence of public view do not constitute an offence under the SC/ST Act unless insults target caste identity in a public context.
Insults must be targeted at a victim's Scheduled Caste or Tribe status to constitute an offence under Section 3(1)(x) of the SC/ST Act.
The court clarified the interpretation of 'within public view' in the context of the Atrocities Act, holding that a place can be considered 'within public view' even if it is a private place, provide....
Sufficient evidence must link alleged acts to an intent to humiliate based on caste identity for the application of the SC/ST Act.
Section 3(1)(r) of the SC and ST Act makes it manifest that mere insult or intimidation with an intention to humiliate a member of Scheduled Caste or Scheduled Tribe by itself is not made an offence.....
Intentional insult and criminal intimidation – Intention to insult or intimidate with an intent to humiliate a member of Scheduled Castes and Scheduled Tribe must be in any place within public view.
The presence of an incident in public view suffices to establish an offence under the SC/ST Act, regardless of whether it was witnessed by the public.
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