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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
V.Varun Kumar – Appellant
Versus
P.Thamizhselvan – Respondent
| Table of Content |
|---|
| 1. complaint introduction and background (Para 1 , 2) |
| 2. argument about lack of prior enmity (Para 3 , 4) |
| 3. jurisdiction assessment of sc/st commission (Para 5 , 6 , 8 , 9) |
| 4. counterarguments regarding complaint legitimacy (Para 7 , 10 , 12) |
| 5. analysis of jurisdictional issues and public view requirement (Para 11 , 15) |
| 6. interpretation of 'public view' standard (Para 17 , 18 , 19 , 20 , 21) |
| 7. assessment of complaint maintainability criteria (Para 22 , 24 , 25) |
| 8. conclusion on misuse of sc/st act provisions (Para 26 , 28 , 30) |
ORDER :
Assailing the Petition No.169/2024 dated 14.02.2024 filed before the State Scheduled Castes/Scheduled Tribes Commission in and by which, the 1st respondent had lodged a complaint against the petitioners who are alleged to have castigated the 1st respondent by using his caste name, the present Writ Petition has been filed by the petitioners.
It is the case of the petitioners that, the 1st respondent herein alleged a property dispute with one Kannan and others and claimed that when he lodged a complaint as against those persons on 05.02.2024, the petitioners threatened and humiliated him by calling him by his caste name. He further alleged th
Caste-related insult must occur in public view to constitute an offense under the SC/ST Act, rendering complaints without such evidence unmaintainable.
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.
Sufficient evidence must link alleged acts to an intent to humiliate based on caste identity for the application 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....
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.....
Allegations under the SC/ST Act require intentional insult or intimidation in public view; dismissal of revision upholds trial due to sufficient prima facie evidence.
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