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
latter being a member of SC or ST,
no offence under Section 3(1)(x) of the SC&ST (PoA) Act can be
said ... being a member of SC
and ST. If the victim is humiliated within public view for being SC
or ST and with that intention
must be with intent to humiliate
SC/ST member by a non SC/ST member.
c. This insult must have been done in any
place ... intimidation‖ with ―intend‖
to humiliate SC/ST member by a
non-SC/ST member; (b) and that
insult must have been done in
any 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
part of the accused to
intentionally insult or intimidate a person of SC or ST to humiliate
him within public view. In the said decision ... intimidation with an intent to humiliate
a member of SC and ST; all insults or intimidation would not be an
offence under the Act unless
under Section 3 (1) (x) of the SC/ST (PoA) Act, for
intentionally insulting and intimidating PW1 with intent ... humiliate for being a member of SC/ST community.
iii) under Section 3 (1)(xii) of the SC/ST (PoA) Act for the
reason
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
