SC/ST - in contradistinction with the community of
SC/ST as a whole, the offence under Section 3(1)(x) of the SC/ST ... directed against and made to a member of SC/ST and for
being member of SC/ST.
(c) The utterance must be made
directed against and
made to a member of SC/ST and for being
member of SC/ST.
(C) The utterance must be made ... directed against a member of SC/ST in contradistinction
to a group of members of SC/ST or the community as a
whole, it would
SC
/ ST against an SC / ST. For this purpose, parliament enacted SC
& ST ( Prevention of Atrocities ) Act, 1989. Earlier the offence of
insult ... extended by non- SC/ ST against SC / ST
arises only when allegation demonstrates intention to humiliate the
member of SC & ST in a place
SC/ST
Act.As such these FIRs registered with ulterior motive deserved to be
quashed since the provisions of the SC/ST Act were abused ... SC/ST Community, will appropriately fall under Section 3
(1)(r) of the SC/ST Act 1989.
19. Section 3of the ST/SC provides
directed against and made to a member of SC/ST and for
being member of SC/ST.
(c) The utterance must be made ... directed against a member of SC/ST in
contradistinction to a group of members of SC/ST or the
community as a whole, it would
conspicuously absent in sub Section (ii) of Section 3 of SC
& ST Act. Insult contemplated under sub Section (ii) is different from the
insult ... Section (x) as in the former a Member of
the SC or ST gets insulted by the physical act and whereas, in the later
prosecution of their common object though
not belonging to SC/ST have intentionally
insulted with intent to humiliate CW1, 6 and 7
being the members ... prosecution of their common object though
not belonging to SC/ST have intentionally
insulted with intent to humiliate CW1, 6 and 7
being the members
Essential ingredients:
1. Intentional insult
2. The insult must be such as to give provocation to the
person insulted.
3. Intention that such provocation should ... mandates that whoever intentionally
(r)(s) of
SC & ST insults or intimidates with intent to humiliate a member
(PoA) of a Scheduled Caste
SC/ST (POA),
2015.
Charge(s) framed against accused 3(1)(x)/3(1)(b) SC/ST
Rajbala (POA) Act, 1989.
Date of institution ... Offence u/s 3(1)(r)
SC/ST Act (earlier act 3(1)(x) SC/ST Act).
(i) The Hon'ble Supreme Court
with 'intend' to humiliate
SC/ST member by a non-SC/ST member, and (b) that insult or
intimidation must have been done ... person, who is not a member of SC or ST; (b) the
insult must be with an intent to humiliate the member of the SC
