Merely Using Caste-Related Abusive Language In A Fight Without Intent To Insult Someone To Not Qualify As An Offence Under SC/ST Act - Orissa HC

Case: Ajay Pattanaik @ Ajaya Kumar and Anr v. State of Odisha and anr

The Orissa High Court noted that merely using caste-related abusive language during a fight without intending to insult someone based on their caste will not qualify as an offense under the SC/ ST Act. Justice RK Pattanaik emphasized that the perpetrator must have the intention to insult or humiliate the victim for the act to be punishable under the SC/ST Act.

The Court referred to a ruling by the Supreme Court in the case of Hitesh Verma v. State of Uttarakhand and another, where it was held that an offense under the SC/ST Act could not be established without an intention to humiliate the victim based on their caste. Additionally, the Court noted that the individual who was allegedly verbally abused by the petitioners did not file a complaint.

Considering these factors, the High Court granted the plea made by the two petitioners and set aside charges under Section 3 of the SC/ST Act. This was one of the prayers they had made along with others.

Background

The case originated from an incident that occurred in 2017, where the petitioners got into a fight with a few other individuals. According to the prosecution, the complainant was on his way home when the petitioners, who are the accused in this case, verbally abused him, physically assaulted him, and terrorized him.

As a result, some other people came to the scene and tried to rescue the complainant, who happened to belong to a Scheduled Caste. One of the petitioners then allegedly criminally intimidated the victim and made derogatory comments about his caste.

Held

As a result, the Court dismissed the charges under the SC/ST Act against the accused. However, the Court decided not to dismiss the other charges brought against the petitioners under the Indian Penal Code (IPC), which included causing harm and criminal intimidation.