The Madras High Court has ruled that denying Scheduled Caste members access to public burial or cremation grounds amounts to practising untouchability under Article 17 of the Constitution. The Court said such acts attract criminal action under the SC/ST (Prevention of Atrocities) Act, 1989.
On Friday(23rd August), The Supreme Court of India clarified that not all insults or intimidating comments against SC/ST individuals automatically qualify as offenses under the SC/ST Act. This ruling came while granting anticipatory bail to Shajan Skaria, who faced charges under the Act for allegedly posting a derogatory video targeting a Kerala MLA from a Scheduled Caste community.
The Allahabad High Court ruled that an offense under the SC/ST Act must occur in public view to be established. The court quashed proceedings for an offense committed in a private residence, emphasizing that intentional insult or intimidation causing humiliation must be in public view. This ruling is significant in fighting caste-based violence and discrimination in India.
