IAS Gyan

Daily News Analysis

All insults not offence under SC/ST Act: Supreme Court

6th November, 2020 GOVERNANCE

Context: All insults or intimidations to persons belonging to Dalit or tribal communities will not be an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Supreme Court said in a judgment.

  • An offence is made out under the statute only if the insults or intimidations were made on account of the victim belonging to Scheduled Caste or Scheduled Tribe.
  • The court said the insult should be specifically intended to humiliate the victim for his caste.
  • Offence under the Act is not established merely on the fact that the informant [complainant] 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 caste.
  • The object of the Act is to punish the violators who inflict indignities, humiliations and harassment.
  • It is intended to punish the acts of the upper caste against the vulnerable section of the society for the reason that they belong to a particular community.