The Allahabad High Court ruled that for an offence under the SC/ST Act to be established, the incident must occur in public view. This means the act must be witnessed by the public, not just in a private setting. This interpretation aims to ensure that the offense impacts societal harmony and dignity. The ruling emphasizes the importance of public perception in cases of caste-based atrocities.
Prayagraj: The Allahabad High Court ruled that an alleged act of intentional insult or intimidation causing humiliation would constitute an offense under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 only if it is committed in public view.
In a recent decision, the court quashed the criminal proceedings against three applicants in respect of an offense under section 3(1)(r) of the SC/ST Act.
The court’s decision based on the fact that the alleged incident occurred in the complainant’s house, which is not a public place. The court noted that the site plan and the complainant’s statement under section 161 of the CrPC (Criminal Procedure Code) and the FIR (First Information Report) indicated that no public members were present in the house where the alleged incident took place.
The court emphasized that for an offense to be recognized under section 3(1)(r) of the SC/ST Act, the act of intentional insult or intimidation causing humiliation must be committed in public view. Since the incident occurred in a private residence and not in a public place, the court concluded that the offence under the relevant section of the SC/ST Act, not made out.
The state government’s counsel opposed the applicants’ plea, but could not dispute the fact that the incident allegedly occurred in the complainant’s house.
Initially, the court acknowledged that according to the site plan submitted by the applicants’ counsel, the incident occurred at the informant’s residence, which does not qualify as a public location or within public visibility.
Moreover, the court noted upon reviewing the informant’s statement under section 161 of the CrPC and the FIR, that, no indication of any member of the public being present at the residence where the purported incident occurred.
The court’s ruling highlights the importance of the location of the incident in determining the applicability of the specific provisions under the SC/ST Act.
The court, in quashing the proceedings related to section 3(1)(r) of the SC/ST Act, stated,
“If the offense did not occur in public view, the provisions of section 3(1)(r) would not apply, and therefore, cannot be pursued.”
The Allahabad High Court‘s call for public disclosure of offenses under the SC/ST Act, a crucial development in India’s ongoing battle against caste-based violence and discrimination, aiming to create a more inclusive and equitable society.