‘The insult must be specifically intended to humiliate the victim for his caste’
All insults or intimidation of people belonging to Dalit or tribal communities will not be a crime under the Programmed Castes and Tribes (Atrocity Prevention) Act, the Supreme Court said in a ruling Thursday.
An offense is criminalized under the statute only if the insults or intimidation were carried out on account of the victim belonging to the designated Caste or Tribe, the court.
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“All insults or intimidation of a person will not be a crime under the Law unless said insult or intimidation is due to a victim belonging to a recognized caste or tribe,” observed a bench of three judges led by Judge L. Nageswara Rao.
The court said the insult should be specifically intended to humiliate the victim because of his caste.
“The crime of the law is not established simply in the fact that the informant [complainant] he is a member of the Programmed Caste unless there is the intention to humiliate a member of the Programmed Caste or Programmed Tribe on the grounds that the victim belongs to that caste, ”the court said.
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The court said the purpose of the law is to punish offenders who inflict indignities, humiliation and harassment.
“It is intended to punish the acts of the upper caste against the vulnerable sector of society by the fact that they belong to a particular community,” said the sentence.
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The court was hearing an appeal filed by a man, Hitesh Verma, registered under the Act for allegedly abusing a Dalit woman in her home.
The court determined that the accusations against Verma do not meet the basic ingredient of the Act that such humiliation should have occurred in public view.
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Since the incident occurred within four walls in the absence of members of the public, the allegations against Verma under the law do not stand. He can be tried under ordinary criminal law.
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