Friday , September 20 2024

Use of hate speech not permissible to register case under SC/ST Act: Supreme Court

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Supreme Court on SC/ST Act: The Supreme Court, while hearing a case, held that the use of vulgar or insulting language against Scheduled Castes and Scheduled Tribes is not sufficient to register a case against a person under the SC/ST Act. Justice S. A bench of Ravindra Bhat and Justice Dipankar Dutta said that for the purpose of applying the penal provisions of the SC/ST Act, it has to be proved whether such comments were made deliberately in a public place or not. This should also be mentioned in the charge sheet or FIR copy.

 

A two-judge bench of the Supreme Court clarified that mere use of abusive language against a SC and ST person is not sufficient evidence to prosecute a person. At the same time, the court said that before prosecuting a person under this section of the Act, the case made public should also be mentioned in the charge sheet. So that the court can know whether this offense is a case under SC/ST Act or not.
It may be mentioned that the Supreme Court made this comment during the hearing of a case. In which an alleged charge sheet was filed against a person. In which a case was registered under a section of the SC/ST Act for intentionally insulting and threatening a Scheduled Caste or Scheduled Tribe person in public. Dismissing the plea in this regard, the court said that there was no mention of caste of the complainant in the FIR and charge sheet. Also, the court said that the defamatory statement was made in the presence of the complainant’s wife and son and no one was present, so it could not be said to be public.