Jaipur: In a significant judgment, the Rajasthan High Court on Friday dropped charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against four individuals accused of using caste-based slurs against government officials during a land encroachment survey in 2011.
The case originated from a survey conducted on January 31, 2011, in Jaisalmer by Tehsildar Harish Chandra and other officials to address land encroachment issues. The accused—Achal Singh, Madan Singh, Damodar Singh, and Surendra Singh—allegedly used derogatory terms, including “Bhangi,” “Neech,” “Bhikari,” and “Mangani,” directed at the officials. The complaint led to the registration of cases under various sections of the Indian Penal Code (IPC) and the SC-ST Act at the Kotwali police station.
However, a police investigation deemed the allegations unsubstantiated, resulting in a negative report. Despite this, the charges were framed after a Protest Petition was filed by the complainant. The accused challenged these charges, asserting that they were unaware of the complainant’s caste and that the incident arose from disagreements over land measurement rather than caste-based discrimination.
During court proceedings, the defense argued that the accusations were a misuse of the SC-ST Act, emphasizing that the incident lacked public witnesses and that the confrontation stemmed from a land dispute rather than intentional caste-based humiliation.
Justice Birendra Kumar, presiding over the single bench, noted that no prima facie evidence suggested caste-based discrimination. The court observed that the objections raised by the accused were related to the land measurement process and not to the complainant’s caste. Consequently, the court discharged the accused from charges under the SC-ST Act.
However, the court ruled that the criminal proceedings concerning obstruction of government officials in the performance of their duties would continue.
