New Delhi: Unless an accused intends to humiliate a member of a Scheduled Caste (SC) or Scheduled Tribe (ST) based on caste identity, a mere insult cannot hold him guilty under the SC and ST (Prevention of Atrocities) Act, 1989, the Supreme Court ruled on Friday, reports Live Law.
A top court bench of Justices JB Pardiwala and Manoj Misra was hearing a plea by the editor of the Malayalam YouTube News Channel 'Marunadan Malayalee' Shajan Skaria. The court granted him anticipatory bail in a criminal case of allegedly making derogatory remarks against an MLA in Kerala, PV Sreenijan.
Live Law quoted the court, “Not every intentional insult or intimidation of a member of a SC/ST community will result into a feeling of caste-based humiliation. It is only in those cases where the intentional insult or intimidation takes place either due to the prevailing practice of untouchability or to reinforce the historically entrenched ideas like the superiority of the “upper castes” over the “lower castes/untouchables”, the notions of 'purity' and 'pollution', etc. that it could be said to be an insult or intimidation of the type envisaged by the Act, 1989.”
The petitioner, Skaria, had telecast a video accusing Sreenijan of maladministration of the Sports Hostel during his term as the Chairman of the District Sports Council of Ernakulam.
Following a case filed by Sreenijan under SC and ST (Prevention of Atrocities) Act, 1989, the Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act denied Skaria bail after prima facie finding that the allegations he levelled against the MLA were insulting and defamatory. The Kerala High Court also upheld the judgement of the Special Judge.