
The Rajasthan High Court on Friday ruled that words like ‘Bhangi,’ ‘Neech,’ ‘Bhikhari,’ and ‘Mangani’ (meaning beggar or lowly person) are not caste names and do not warrant charges under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).
Justice Birendra Kumar passed the ruling while dropping the SC/ST Act charges against four individuals accused of using such terms to insult public servants during an encroachment inspection. The incident, which took place in January 2011 in Jaisalmer, involved the petitioners allegedly obstructing officials and using derogatory terms during their inspection of public land.
The case arose when certain officials visited a location in Jaisalmer to inspect an alleged land encroachment. During the visit, the petitioners allegedly obstructed the officials and used offensive language. As a result, a criminal case was registered against them under Sections 353 (assault or criminal force to deter public servant from discharge of his duty) , 332 (hurt to deter public servant), and 34 (common intention) of the Indian Penal Code (IPC) and Section 3(1)(X) of the SC/ST Act.
While the police initially found no evidence to support the charges and filed a negative report, the matter was later taken to court. Following a protest petition, the trial court framed charges against the petitioners, which led them to approach the High Court.
The petitioners' legal counsel argued that there was no concrete evidence to justify a charge under Section 3(1)(X) of the SC/ST Act, which concerns intentional insults aimed at humiliating SC/ST individuals in public spaces. The petitioners further stated they were unaware of the caste of the public servants involved and that no independent witnesses were present to verify the incident took place in public view.
Published: 15 Nov 2024, 01:19 pm IST
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