In a recent ruling, the Rajasthan High Court dismissed charges under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, in the case involving Achal Singh and others. The case centered on whether terms like "Bhangi" and "Neech," used during a confrontation with public servants, amounted to caste-specific abuse. Justice Birendra Kumar's judgment on November 12, 2024, emphasized the need for clear, caste-specific intent when applying the SC/ST Act.
Case Background
The incident dates back to January 31, 2011, when officials, including Harish Chandra from Pali, were conducting an anti-encroachment operation in Jaisalmer. During the confrontation, four accused — Achal Singh, Madan Singh, Damodar Singh, and Surendra Singh — were alleged to have used derogatory terms towards the officials. These accusations led to charges under Sections 353 and 332/34 of the Indian Penal Code (IPC) for obstructing public duty and under Section 3(1)(X) of the SC/ST Act for caste-based insults.
Legal Debate
The case raised two significant questions:
1. Did the terms used constitute caste-based abuse under the SC/ST Act?
2. Was there sufficient evidence for charges related to obstructing public servants?
Court’s Ruling
The defense, led by advocate Leela Dhar Khatri, argued that the expressions were general insults, not directed at caste. They referenced a Supreme Court case that clarified such accusations must show clear intent to humiliate based on caste. Justice Kumar agreed, pointing out the absence of independent witnesses and lack of concrete evidence to establish caste-specific intent.
As a result, the charges under the SC/ST Act were dismissed, but the court allowed the case to proceed under Sections 353 and 332/34 of the IPC, finding sufficient evidence for obstruction of public duty.
Conclusion
The judgment underscores the importance of intent in cases involving the SC/ST Act, affirming that offensive language alone is not enough for charges without clear proof of caste-based motivation. However, the case continues to address allegations of hindering public officials in their duties, highlighting the balance between upholding legal standards and protecting public servants.
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