Objective of the SC& ST Act
The objective of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( SC & ST Act) is to prevent atrocities against the members of the Scheduled Caste and Scheduled Tribe.
The Supreme Court (SC) in Hitesh Verma v The State of Uttarakhand says that the object of the Act is to improve the socio-economic conditions of the Scheduled Castes and the Scheduled Tribes, just because they are denied number of civil rights.
Civil dispute turned into an allegation of crime
In the above said case, the parties were litigating over possession of the land. In the case the allegation of hurling of abuses was against a person who claims title over the property. If such person happens to be a Scheduled Caste, the offence under Section 3(1)(r) of the SC & ST Act is not made out. Therefore, the above case was quashed under Section 482 of the Criminal Procedure Code.
All insults will not attract the offence under the act
All insults or intimidations to a person will not be an offence under the SC & ST Act, unless such insult or intimidation is on account of victim belonging to Scheduled Caste or Scheduled Tribe.
Thus, an offence under the Act would be made out when a member of the vulnerable section of the Society is subjected to indignities, humiliations and harassment. The assertion of title over the land by either of the parties is not due to either the indignities, humiliations, or harassment.
The court added that every citizen has a right to avail their remedies in accordance with law. Therefore, if the appellant or his family members have invoked jurisdiction of the civil court, such action is not for the reason that respondent is member of Scheduled Caste.
Insult and intimidation should be intentional
The Section 3(1)(r) of the SC & ST Act reads as, “intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view”.
The SC says that the offence under Section 3(1)(r) of the SC& ST Act would indicate the ingredient of intentional insult and intimidation with an intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe.
Therefore, the basic ingredients of the offence under Section 3(1)(r) of the Act can be classified as follows:
- intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe and
- in any place within public view.”
No complaint will survive as victim is SC & ST
The offence under the SC & ST Act cannot be established merely on the fact that the informant is a member of Scheduled Caste unless there is an intention to humiliate a member of Scheduled Caste or Scheduled Tribe for the reason that the victim belongs to such caste.
Further reading
