Union Minister Ramdas Athawale has demanded strict action under the SC/ST Act against the 71-year-old man who tried to throw a shoe at Chief Justice of India Bhushan Gavai. The minister said the attack was caste-motivated, as Gavai belongs to the Dalit community.
Panaji: Union Minister Ramdas Athawale on Thursday demanded that a legal case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act should be registered against the man who tried to throw a shoe at Chief Justice of India B R Gavai.
Speaking at a press conference here, Athawale said the shocking incident occurred because some people from the upper caste community could not accept the fact that Gavai, who belongs to the Dalit community, has risen to such a prestigious position. He said the act was condemnable and should not be tolerated.
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Athawale said,
“Such kind of an attack on the CJI has happened for the first time. Bhushan Gavai is from Dalit community and he has achieved his position on his own (merit),”
He added that some members of the upper caste community could not digest this achievement.
He further stressed,
“I demand that the accused should be booked under the SC /ST Act, since Gavai was attacked because he is a Dalit. No CJI was attacked before this,”
Athawale also noted that Prime Minister Narendra Modi condemned the incident and personally spoke to the Chief Justice after the shocking episode.
In an unprecedented and shocking act on Monday, a 71-year-old lawyer, Rakesh Kishore, allegedly took his shoe in his hand and tried to hurl it at the Chief Justice of India.
The attempt caused widespread concern across the country and raised questions about security for top judicial authorities.
Legal experts and political leaders have called for strict action against the accused, emphasizing that attacking the head of the judiciary is a serious crime and cannot be justified under any circumstances.
The demand by Athawale to invoke the SC/ST Act reflects the view that the assault may have been motivated by caste prejudice, given the Chief Justice’s Dalit background.
Authorities are reviewing the case, and investigations are ongoing to ensure appropriate legal proceedings.
Can the SC/ST Act Be Filed Against a Scheduled Caste Person?
Legally, a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, can be filed against a person belonging to a Scheduled Caste (SC) or Scheduled Tribe (ST), but there are important conditions.
The Act is designed to prevent atrocities and discrimination against SC/ST individuals, and it punishes acts committed against SC/ST persons, regardless of the offender’s community.
However, the key factor is intent and caste-based motivation. If the alleged offence is genuinely caste-motivated and targets a member of the SC/ST community, the Act can apply.
Courts carefully examine whether the act was committed with caste prejudice. If the offence lacks caste-based intent, it may not fall under the SC/ST Act but could still be pursued under general sections of the Indian Penal Code (IPC), such as assault.
In short, the SC/ST Act can technically be invoked against a SC or ST person, but the authorities must prove that the act was motivated by caste discrimination for it to be legally valid.
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