The Delhi High Court on Tuesday observed that unless the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are enforced in their true letter and spirit, the vision of a society free of caste-based discrimination will only remain a distant dream.
Justice Chandra Dhari Singh made the observation while refusing to quash an FIR registered at police station here under the SC/ST Act against three persons for allegedly passing derogatory, casteist remarks
“The offence in the instant case was preceded by a criminal intent of humiliating the victim on the basis of his caste and has been committed solely and consciously on account of the caste of the victim,” the High Court said.
Ms. Nandita Rao, additional standing counsel for the State, objected to the plea stating that “the present FIR is a classic case of mischief sought to be criminalized by this special statute, where accused persons tried to bully the Complainant/Contractor just on the basis of his caste”.
Taking note of the submission, Justice Singh remarked, “In the instant case, what appears is that the humiliation of the Victim/Complainant was totally unprovoked, uncalled for, with the sole intention of humiliating the victim for a petty sum of money”.
“Having regard to the legislative intent underlying the SC/ST Act to deter the acts of indignity, humiliation, and harassment against members of the Schedule Caste and Schedule Tribes, and the facts in the instant case, the compromise does not indicate the settlement of any civil dispute and the possibility of the complainant being coerced to enter into the compromise cannot be ruled out,” the High Court said.
