New Delhi: The Supreme Court has ruled that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act cannot be invoked solely based on the complainant’s caste identity unless there is a clear intent to humiliate them due to their caste. This significant clarification came as the court granted anticipatory bail to YouTuber Shajan Skaria, who operates the “Marunadan Malayali” channel on YouTube.
A bench of Justices J B Pardiwala and Manoj Misra made the observation while deliberating on a criminal case filed by MLA P V Sreenijin under the SC-ST Act. Sreenijin accused Skaria of making defamatory statements in a video on his channel, claiming that Skaria had deliberately insulted him based on his caste.
The court emphasized that for an offence under Section 3(1)(r) of the SC-ST Act to be established, the accused must have intended to humiliate the victim explicitly because of their membership in the Scheduled Caste or Scheduled Tribe. The bench noted, “The mere fact that the person subjected to insult or intimidation belongs to a Scheduled Caste or Scheduled Tribe would not attract the offence unless it was the intention of the accused to subject the person to caste-based humiliation.”
The Supreme Court further clarified that not every insult or intimidation directed at a member of a SC or ST community would automatically trigger the provisions of the Act. The intent behind the action must stem from caste-based discrimination or reinforce long-standing ideas of caste hierarchy, such as untouchability or caste superiority.
In Skaria’s case, the bench found that his statements, though offensive, were not motivated by caste discrimination. Rather, they were directed at the individual (MLA Sreenijin) and not at the Scheduled Castes or Tribes as a community. “There is nothing to even prima facie indicate that Skaria promoted or attempted to promote feelings of enmity, hatred or ill-will against the members of the Scheduled Castes or Scheduled Tribes,” the court stated.
The court suggested that Skaria’s actions might be more appropriately addressed under Section 500 of the Indian Penal Code (IPC), which deals with defamation, but ruled out the applicability of the SC-ST Act in this instance.
Mahi Saha
Mahi Saha, from Ranchi, reports for Neo Politico.
