The Supreme Court has expounded that "Mere insult to a member of SC or ST does not constitute an offence under the Act, unless the insult is directed to the caste identity of the victim."
Apex Court Bench comprising of Justice J.B. Pardiwala and Justice Manoj Misra, in a case titled Shajan Skaria v. State of Kerala addressed the key issue involving requirement for attracting culpability under section 3(1)(r) and Sectio 3(1)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Brief Facts
The Appellant challenged the verdict passed by the Kerala High Court dismissing his appeal, thereby affirming the order passed by the Special Judge, Ernakulum, denying him anticipatory bail in respect of proceedings under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Hereinafter, ‘SC/ST Act’). The complainant herein is an MLA from a seat reserved for Scheduled Castes. As per the complaint, the accused shared a YouTube video of the complainant on his online news channel, with the title ‘PV Sreenijan, who rose so suddenly as a Mafia Don’, inter alia, the complainant also assailed the accused with other allegations of defamatory slanders.
Issues:
- Whether the conduct of the Appellant amounts to “intent to humiliate” an SC/ST member based on caste identity as required under Section 3(1)(r) of the SC/ST Act?
- Whether the conduct of the Appellant amounts to be classified as promoting feelings of enmity, hatred or ill-will against SC/ST as required under Section 3(1)(u) of the SC/ST Act?
- Whether mere knowledge of the complainant’s caste identity is adequate to attract the statutory provisions under Section 3(1)(r) and Section 3(1)(u) of the SC/ST Act?
Contentions of the Appellant
The Appellant urged that his remarks were general insults that were not targeted at the complainant's caste identity. Pithily put, the Appellant contended that the alleged defamatory video was merely directed at the individual complainant and, hence, did not promote enmity or hatred against the SC/ST community. The accused Appellant further stated that there was insufficient evidence to impute that his remarks were towards or motivated by the complainant’s caste identity.
Contentions of Complainant
Per contra, as per the complainant, Appellant’s remarks were intended to humiliate based on his caste identity and also promoted feelings of hatred and enmity against SC’s, thus, attracts culpability under Section 3(1)(r) and Section 3(1)(u) of the SC/ST Act respectively.
Contentions of State
State backed the Kerala High Court’s interpretation, urging that Appellant’s remarks were intended to insult and humiliate Complainant’s caste identity and also advocated for broad interpretation to be given to the provisions of the SC/ST Act for the purpose of strengthening protection against caste based interpretation.
Observation of the Court
Apex Court observed that the ingredient of “intent to humiliate” and ensuing humiliation itself, must directly be linked to the caste identity and that general insults would not meet the benchmark for attracting an offence under Section 3(1)(r) of the SC/ST Act.
SC Bench stated that “the term ‘humiliation’ as it appears in Section 3(1)(r) of the Act, 1989 must be construed, that is, in a way that it deprecates the infliction of humiliation against members of the Scheduled Castes and Scheduled Tribes wherein such humiliation is intricately associated with the caste identity of such members”.
Supreme Court Bench, with respect to Section 3(1)(r), added that “Mere knowledge of the fact that the victim is a member of the Scheduled Caste or Scheduled Tribe is not sufficient to attract Section 3(1)(r) of the Act, 1989”.
Bench with respect to the applicability of Section 3(1)(u), did not find any prima facie material to show that the Appellant’s video promoted enmity or hatred towards members of the Scheduled Caste or Scheduled Tribes.
Decision
The court allowed the appeal and set aside the impugned order passed by the Kerala High Court. The court further granted anticipatory bail to the Appellant.
Case Title: Shajan Skaria v. State of Kerala
Citation: Criminal Appeal No. 2622 of 2024 (SLP (Crl.) No. 8081 OF 2023)
Court: Supreme Court of India
Coram: Justice J.B. Pardiwala and Justice Manoj Misra
Date: August 23, 2024
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