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Mere Use Of Caste Name Not Enough To Invoke SC/ST Act Without Intent To Humiliate: Allahabad High Court

Prayagraj: The use of a caste name does not automatically constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Allahabad High Court has observed while quashing a lower court’s summons order in a case involving the alleged use of the word “Chamar”. The High Court said that to attract the provisions of the SC/ST Act, there must be prima facie…

Mere Use Of Caste Name Not Enough To Invoke SC/ST Act Without Intent To Humiliate: Allahabad High Court

Prayagraj: The Allahabad High Court has ruled that merely using a caste name is not enough to charge someone under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The High Court dismissed a lower court's summons order in a case involving the alleged use of the term "Chamar". To invoke the provisions of the Act, there must be evidence suggesting that the caste-related word was used intentionally to insult or humiliate the complainant based on their caste.

Intent is crucial in determining whether the Act applies. The court found that the essential elements of the alleged offenses were not established based on the available evidence. The summons order was therefore set aside, and the proceedings under the SC/ST Act were quashed. The court emphasized that its decision pertained only to offenses under the SC/ST Act, and any other unrelated allegations, such as abuse or assault, would continue unless specifically addressed by the court's ruling.

The judgment highlights the significance of context, intent, and the circumstances surrounding the alleged use of a caste-related word in deciding if an SC/ST Act offense has been proven.

Written by urgent.news from Free Press Journal's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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