Mumbai: The Bombay High Court has ruled that expressing opinions on caste-based reservations is not a crime. The court dismissed a case filed against a woman under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act). It clarified that WhatsApp messages expressing views on the reservation system do not promote enmity or hatred against SC/ST communities.
The case involved a 29-year-old software engineer and a 28-year-old woman from Nagpur, Maharashtra. The two secretly married in a temple but later separated after the woman discovered that her husband belonged to the Scheduled Caste (Chambhar community).
During the separation, the woman allegedly sent caste-related messages to her former partner. The complainant accused her of promoting enmity against the Scheduled Caste community. The woman’s father was also named for allegedly supporting her actions.
On August 5, 2021, a trial court acquitted the woman and her father. The complainant then appealed to the High Court.
Justice Urmila Joshi-Phalke, while hearing the case, stated, “The WhatsApp messages merely express views on the caste reservation system. There is no indication of an attempt to promote enmity or hatred against members of the SC/ST community.”
The complainant’s lawyer argued that the messages were intended to incite hostility between communities. In contrast, the defense stated that the messages reflected the woman’s personal views and contained no objectionable language. The defense also highlighted the delay in filing the complaint, questioning the motives behind the allegations.
The High Court observed that the shared WhatsApp messages were only opinions on the reservation system and did not promote enmity or hatred. The court added that the messages targeted only the complainant and contained no malice against any community.
