ON
← Back to feed
Casteist slurs made in private not offence under SC/ST Act, says Supreme Court
India🏛️ PoliticsCenter10 days ago

Casteist slurs made in private not offence under SC/ST Act, says Supreme Court

The Supreme Court of India ruled that uttering casteist slurs in private settings does not constitute an offense under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocies Act (SC/ST Act). The ruling overturned an Allahabad High Court decision that had rejected quashing proceedings against a school manager accused of making such slurs during a confrontation with a complainant. The complainant alleged that the school manager and staff assaulted him and used casteist slurs while he visited the school on January 24, 2020, following an altercation involving his son. The FIR included charges under Sections 3(1)(r) and 3(1)(s) of the Act, which criminalize insults and abuse of Scheduled Castes/Scheduled Tribes members in public view. The school manager argued the incident occurred in an enclosed room with no public access, and witnesses did not confirm the slurs were spoken publicly. The Supreme Court emphasized that 'public view' requires the presence of members of the public, and since the FIR lacked specific attribution of caste-based slurs to the manager, the proceedings were quashed.

The Supreme Court of India ruled on Thursday that casteist slurs spoken in private settings do not constitute an offence under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act. The decision came after a bench comprising Justices Vikram Nath and Sandeep Mehta set aside an order from the Allahabad High Court, which had declined to quash criminal proceedings against a school manager. The ruling highlights the legal distinction between public and private spaces in determining whether such speech falls under the purview of the Act. The dispute originated in early 2020 when a man filed a complaint alleging that he was assaulted by a school manager and other staff members following an altercation involving his son. According to the first information report (FIR), the incident occurred on January 24, 2020, during a meeting with the school manager. The complainant accused the manager of using casteist slurs against him while allegedly beating him with sticks. The FIR included charges of rioting, causing injury, wrongful confinement, and intentional insult, alongside provisions under Sections 3(1)(r) and 3(1)(s) of the Prevention of Atrocities Act. These specific sections define certain acts as criminal when committed by individuals outside the Scheduled Castes or Scheduled Tribes. Section 3(1)(r) prohibits non-members of these communities from intentionally insulting or humiliating members of the groups in public view. Similarly, Section 3(1)(s) criminalizes the use of caste-based abuse directed at members of these communities in public spaces. The school manager challenged the FIR, asserting that the alleged incidents took place in a private room within the school premises. He claimed the room was enclosed, lacked windows, and was inaccessible to the public. Additionally, the manager contended that the witnesses did not confirm their presence during the alleged casteist remarks. Instead, their accounts described a general altercation without specifying the exact nature of the language used. The Allahabad High Court upheld the FIR in April 2023, refusing to dismiss the case. This prompted the school manager to seek further review from the Supreme Court. During hearings, the court referenced past judgments to clarify the definition of "public view." It emphasized that for an act to fall under the Prevention of Atrocities Act, the casteist slurs must occur where members of the public could see or hear them. The Supreme Court observed that the FIR did not explicitly link the alleged casteist remarks to the school manager. Furthermore, the testimonies from teachers mentioned an altercation but did not confirm their presence during the alleged remarks or indicate that they heard them. As a result, the court concluded that the mere presence of witnesses on campus did not prove the slurs were uttered in public view. While the court dismissed the proceedings related to the Prevention of Atrocities Act, it allowed the case concerning other alleged offences, such as assault and wrongful confinement, to proceed. The ruling underscores the importance of context in determining whether speech constitutes a legal violation under the Act. It leaves open the possibility that if evidence shows casteist slurs were indeed made in public, the charges could still hold.

Go to the primary sources (1)

The official sources this coverage is built on. Read them directly to bypass framing.

2 reports

Scroll.in logoScroll.inIndependentCenterFactual 95Objective 9010 days ago
Casteist slurs made in private not offence under SC/ST Act, says Supreme Court

The Supreme Court of India ruled that uttering casteist slurs in private settings does not constitute an offense under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocies Act (SC/ST Act). The ruling overturned an Allahabad High Court decision that had rejected quashing proceedings against a school manager accused of making such slurs during a confrontation with a complainant. The complainant alleged that the school manager and staff assaulted him and used casteist slurs while he visited the school on January 24, 2020, following an altercation involving his son. The FIR included charges under Sections 3(1)(r) and 3(1)(s) of the Act, which criminalize insults and abuse of Scheduled Castes/Scheduled Tribes members in public view. The school manager argued the incident occurred in an enclosed room with no public access, and witnesses did not confirm the slurs were spoken publicly. The Supreme Court emphasized that 'public view' requires the presence of members of the public, and since the FIR lacked specific attribution of caste-based slurs to the manager, the proceedings were quashed.

Bias read (Center): The article presents a legal interpretation of the SC/ST Act without overtly favoring either side of the political spectrum. It reports the court’s reasoning and the arguments from both the complainant and the school manager objectively. While the issue of caste discrimination is politically charged

Why factuality (95): The article accurately reports the Supreme Court's ruling that casteist slurs made in private do not meet the statutory requirements of the SC/ST Act. It aligns with the primary source document, which states that the court quashed proceedings because the incident occurred in an enclosed space with n

Why objectivity (90): The article maintains a neutral tone, presenting both sides of the argument (the complainant's allegations and the defendant's challenge). It avoids emotionally charged language and focuses on the legal reasoning behind the court's decision, maintaining a balanced perspective.

Hindustan Times logoHindustan TimesIndependentCenterFactual 0Objective 014 days ago
'Neglect, insecurity, or indignity': SC rules senior citizen tribunals can order eviction to protect elderly parents

The Supreme Court of India ruled that tribunals established under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, have the authority to order the eviction of individuals from a property if it is necessary to ensure the maintenance or protection of a senior citizen. The court emphasized that a civilized society is measured by the dignity, respect, and security afforded to its elderly, highlighting the cultural and ethical importance of caring for aging parents. The ruling was delivered in an appeal involving Ravi Kant Gupta, who sought to evict his son from his property to provide care for his 81-year-old mother. After lower courts initially upheld the eviction order, the Allahabad High Court later quashed it, leading to the Supreme Court's intervention. The court clarified that the power to order eviction is derived directly from the statutory framework of the Act, distinguishing it from the jurisdiction of civil courts.

Bias read (Center): While the subject involves legal interpretation and societal values related to elder care, the article presents the court's reasoning and findings without overtly favoring any political ideology. The framing remains objective, focusing on the legal arguments and societal implications rather than esp

Why factuality (0): This article discusses a completely different legal issue regarding senior citizen tribunals and eviction orders, unrelated to the primary source document about the SC/ST Act and caste-based abuses. Therefore, it contains no relevant factual information about the event covered in the primary source.

Why objectivity (0): The article is not about the event in question and therefore cannot be assessed for objectivity in relation to that event. It presents a different legal topic entirely.

How each side covered it

The same event, grouped by the political lean of the outlets covering it.

How each side covered it

Support independent, bias-aware news and unlock the social pulse, community voting, and every other Supporter feature.

Become a Supporter

Covered around the world

The same event as reported in other countries.

Covered around the world

Support independent, bias-aware news and unlock the social pulse, community voting, and every other Supporter feature.

Become a Supporter

Claims check

Key factual claims, and how many sources assert vs dispute each.

Claims check

Support independent, bias-aware news and unlock the social pulse, community voting, and every other Supporter feature.

Become a Supporter

Keep the news honest.

ObjectiveNews is reader-funded and ad-free — we show you the bias instead of hiding it. Support independent journalism for €4/month.

Become a Supporter

Related stories