Caste abuses by politicians carry graver indignity: Karnataka High Court
Regrettably, the poison of caste sometimes finds expression even in the conduct of those who occupy positions of political power, though the Constitution has banished untouchability and promised equality, dignity and fraternity, the court observed.
The Karnataka High Court has highlighted that the abuse of caste by politicians can have more severe consequences than previously thought. In a recent ruling, the court observed that caste-based insults and slurs directed at members of the Scheduled Castes (SCs) or Scheduled Tribes (STs) by politicians or their associates carry a more grave dimension.
Despite the Constitution prohibiting untouchability and guaranteeing equality, dignity, and fraternity, the court noted that caste prejudice can still manifest in the behavior of those in positions of political power.
The case in question involves Sirajuddin, also known as Siraj Sheikh, a former Congress MLA, who was charged with making repeated caste-based abuses against Bheema Naik, another Congress MLA from an SC community, and his relative. The alleged incidents took place during political gatherings in Hagaribommnahalli of Vijayanagara district on August 12, 2023. Sirajuddin was accused of using casteist and offensive language against the complainant and Mr. Naik in the presence of the public.
Justice M. Nagaprasanna, while refusing to discharge Sirajuddin from the charges under Section 504 of the Indian Penal Code and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, emphasized that the incident occurred at a political rally and other gatherings attended by members of the public. The court pointed out that a political rally is a clear example of an act taking place in public view, as the purpose of such gatherings is to communicate publicly.
The court also noted that audio-video recordings of the alleged incidents and about 15 eyewitnesses were presented as evidence. These recordings were certified by the Forensic Sciences Laboratory, and the court highlighted that Mr. Sheikh faces trial due to the availability of such evidence. However, the High Court dismissed Sirajuddin's petition for discharge, emphasizing that the trial, not a discharge application, would determine whether the evidence withstands cross-examination.
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