OFFENCE UNDER SC/ST ACT ONLY IF INTENTION TO HUMILIATE: APEX COURT - The Daily Guardian
Connect with us

News

OFFENCE UNDER SC/ST ACT ONLY IF INTENTION TO HUMILIATE: APEX COURT

Published

on

SC-ST ACT

Not every offending remark against a member of the Scheduled Caste (SC) or Scheduled Tribe (ST) will amount to an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 “unless there is an intention to humiliate…for the reason that the victim belongs to such caste”, the Supreme Court ruled on Thursday.

A bench comprising Justices L. Nageswara Rao, Hemant Gupta and Ajay Rastogi said: “All insults or

intimidations to a person will not be an offence under the Act unless such insult or intimidation is on account of victim belonging to Scheduled Caste or Scheduled Tribe.”

The bench emphasised that the object of the Act is to improve the socio-economic conditions of the Scheduled Castes and Scheduled Tribes as they are denied a number of civil rights. “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,” added the bench.

The apex court said that it is essential to establish that there is an intention to humiliate the victim because he belongs to such a caste. The bench cited that another key ingredient of the provision, under Section 3 (1) (r), is that the insult or intimidation was done in “any place within public view”.

The judgment came on an appeal against an Uttarakhand High Court order, which dismissed a plea filed by one Hitesh Verma under Section 482 of the CrPC seeking quashing of a chargesheet and summoning order against him for an offence under Section 3(1)(r) of the SC/ST Act. An FIR was filed against him for entering the house of the respondent and hurling casteist abuses.

The bench noted that as per the FIR, the allegations of abuse were within the four walls of the building and there was no member of the public (not merely relatives or friends) at the time of the incident in the house.

“Therefore, the basic ingredient that the words were uttered ‘in any place within public view’ is not made out,” said SC. The bench noted that the offence under the Act is not 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 a caste.

The apex court quashed the chargesheet to the extent of offence under the special law against petitioner Hemant Verma and others. “In the present case, the parties are litigating over possession of the land. The allegation of hurling abuses is 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 Act is not made out,” it said.

The SC observed that the SC/ST Act is intended to punish the acts of the upper caste against the vulnerable sections of the society for the reason that they belong to a particular community.

WITH IANS INPUTS

The Daily Guardian is now on Telegram. Click here to join our channel (@thedailyguardian) and stay updated with the latest headlines.

For the latest news Download The Daily Guardian App.

News

CONGRESS’ PERFORMANCE IN ASSEMBLY POLLS VERY DISAPPOINTING: SONIA GANDHI

Published

on

Congress President Sonia Gandhi on Friday termed her party’s performance in the recently-concluded assembly polls as “very disappointing” and said the party “must learn appropriate lesson” from the setback in the spirit of humility and honesty. Addressing the Congress Parliamentary Party meeting, Gandhi said Congress Working Committee will meet shortly to review the results. She also termed the party’s performance as “unexpected”.

“Most unfortunately, our own performance in all the states was very disappointing and if I may say, unexpectedly so. The CWC is meeting shortly to review the results but it goes without saying that we as a party collective must draw the appropriate lessons from this setback in a spirit of humility and honesty,” she said.

Gandhi also congratulated Trinamool Congress chief and West Bengal Chief Minister Mamata Banerjee and DMK chief MK Stalin for their “handsome victories”.

Congress suffered defeats in Assam and West Bengal and could not open its account in West Bengal where it had won over 40 seats in 2016 polls. The Congress could win only two seats in Puducherry where it was in power about two months back. Only in Tamil Nadu, the party gave a credible performance as part of the DMK-led alliance which swept to power, defeating the AIADMK-led alliance.

The Congress-led Mahajot was the main challenger to the ruling BJP-led NDA in Assam and Congress-led UDF to the ruling Left Democratic Front in Kerala. While NDA returned to power in Assam, the LDF returned to power in Kerala.

WITH ANI INPUTS

Continue Reading

News

WB moves SC seeking direction to disband current vaccination policy

Published

on

The Trinamool Congress-led West Bengal government on Friday moved to the Supreme Court seeking direction to disband the current Covid-19 vaccination policy and bring in uniform vaccination policy by doing away with the differential pricing mechanism. Disband the “Liberalised and Accelerated Phase 3 Strategy of Covid-19 Vaccination” policy and adopt and implement a uniform policy of procuring 100 percent doses of Covid-19 which can be equitably distributed to the States and Union Territories for free de-centralized distribution,” the plea said.

Earlier, West Bengal Chief Minister Mamata Banerjee had written to Prime Minister Narendra Modi requesting free Covid vaccination for all citizens. “I firmly believe that this battle against Covid will be won with coordinated and collaborative efforts of all stakeholders in augmenting infrastructure and an earnest drive for universal vaccination free of cost. I am looking forward to your kind cooperation in this regard. With regards,” stated Mamata in the letter to the Prime Minister.

She had also slammed the PM for not receiving any reply from him over her letter regarding the free Covid-19 vaccination for all citizens. “I have not got any reply till now from PM Modi over the issue of free vaccination. He must be busy,” Mamata said. The third phase of the vaccination drive commenced on May 1 making everyone above the age of 18 eligible to get vaccinated against Covid-19. The Covid vaccine manufacturing companies are empowered to release up to 50 per cent of their supply to state governments and in the open market at a pre-declared price. The Covid-19 situation in India continues to deteriorate amid the second wave of coronavirus infections.

With a total of 4,14,188 new Covid-19 cases being recorded in the last 24 hours, India again reported its highest single-day spike on the second consecutive day. With this, the cumulative count of cases in the country reached 2,14,91,598, informed Union Health Ministry.

Continue Reading

News

Ministry requests states, UTs to prioritise beneficiaries of 2nd dose of vaccine

Published

on

The Union Health Ministry on Friday requested all the states and Union Territories to prioritise the beneficiaries of the second dose of the Covid-19 vaccine. “From the side of the Union Health Ministry, we requested all the states/ UTs to prioritise the beneficiaries of the second dose and ensure the timely completion of the recommended vaccination schedule,” Additional Secretary (Health) Arti Ahuja said during a media briefing.

The Ministry also urged that the states / UTs to use the vaccines received by them through the ‘Government of India channel’ in 70:30 ratio for the second dose and the first dose respectively. “Secondly, utilise the supplies of the vaccines through the Government of India channel in the 70:30 ratio for the second dose and the first dose respectively and do a regular review of the coverage of the vaccination drive,” said Ahuja.

The Ministry also said that so far, a total of 16.50 crore doses of the Covid-19 vaccine have been administered across all categories.

“Among the Healthcare workers, so far, 0.95 crore doses have been administered for the first dose and 0.64 crore doses have been given as the second dose. Similarly, for the frontline workers, 1.38 crore doses for the first dose and 0.75 crore doses for the second dose have been given,” the Additional Secretary (Health) said.

Continue Reading

News

Virat and Anushka start a Covid fundraiser, donate Rs 2 crore

Published

on

As India battles with the Covid-19 pandemic, several Bollywood celebrities and cricketers have come forward and shown their support by raising funds or providing oxygen concentrators and food essentials.

After Sachin Tendulkar, Pat Cummins, the Indian Cricket Team Skipper Virat Kohli and his actress wife Anushka Sharma are raising funds for providing help during the Covid pandemic.

Virat and Anushka have started a fundraiser for Covid-19 relief work in India and have requested their fans to donate to the fund. The couple has donated Rs 2 crore.

Virat and Anushka took to their respective social media handles and posted about the fundraiser for the people of India. Anushka said, “India is going through an extremely difficult time and the second wave of the deadly Covid-19 pandemic has pushed our country to a state of crisis. It is time for all of us to come together and do our bit for our fellow countrymen who are in serious need of support. Virat and I have been hugely pained looking at the inexplicable suffering that people are going through and we hope that this fund will aid in our fight against the virus that we are all helplessly witnessing. We are praying for everyone’s safety. We hope that you join us in our prayers to save as many lives as possible because we are all in this together. #InThisTogether”

Virat said, “We are going through an unprecedented time in the history of our country and our nation needs all of us to unite and save as many people as possible. Anushka and I have been shocked to see human suffering since last year. We have been working towards helping as many people as possible all through the pandemic and now, India wants our support more than ever. We are starting this fundraiser with the confidence that we will be able to raise substantial funds to aid those in dire need. We are confident that people will come forward to support fellow countrymen in crisis. We are in this together and we shall overcome this. #InThisTogether” The couple has collaborated with Ketto for raising funds.

Continue Reading

News

WHO APPROVES CHINESE VACCINE FOR EMERGENCY USE

Published

on

GENEVA: The World Health Organization approved the emergency use of the Chinese Covid-19 vaccine, Sinopharm, on Friday. It’s the first Chinese vaccine to receive WHO’s approval, although it is already being used in several poor countries. There is not much data about how effective Sinopharm is, however, WHO chief Tedros Adhanom Ghebreyesus told a news conference that the Chinese vaccine had received WHO’s validation of “safety, efficacy and quality”.

Continue Reading

News

SC REFUSES TO INTERFERE IN CENTRAL VISTA PROJECT

Published

on

New Delhi: The Supreme Court on Friday urged the Delhi High Court to consider the PIL filed seeking a stay on the construction work of the Central Vista project in the national capital and asked the High Court to issue orders related to the matter. An apex court bench comprising Justice Vineet Saran and Justice Dinesh Maheshwari on Friday heard the petition for the Special Leave Petition filed by the petitioner. The SC heard the plea and has requested the Delhi HC to consider it and pass orders stating that the matter involves extreme urgency.

Continue Reading

Trending