Ranchi: In a significant ruling, the Jharkhand High Court has held that calling a tribal person “Adivasi” does not amount to an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The judgment was passed earlier this month by Justice Anil Kumar Choudhary while hearing a criminal writ petition filed by Sunil Kumar, a public servant who challenged a case registered against him in Dumka.
The case arose from an FIR filed by a woman belonging to a Scheduled Tribe, who alleged that Kumar insulted her by calling her an “insane Adivasi” and physically pushed her out of his office when she went to serve an RTI application. The FIR was registered under the provisions of the SC/ST (POA) Act.
During the hearing, Kumar’s counsel, advocate Chandana Kumari, argued that the complainant failed to mention the specific Scheduled Tribe she belongs to and merely identified herself as “Adivasi.” Kumari further pointed out that “Adivasi” is not a recognized tribe in the Constitution’s schedule of tribes and therefore, no offence under the Act could be established.
The court concurred with the argument, observing that the term “Adivasi” in itself is not listed as a Scheduled Tribe in the Constitution. It held that for the Act to be applicable, the victim must clearly belong to a notified Scheduled Caste or Scheduled Tribe, and such identification must be established in the complaint.
Justice Choudhary also noted that the alleged incident occurred while Kumar was discharging his official duties as a public servant. Continuing the criminal proceedings against him, therefore, would constitute an abuse of the judicial process. On these grounds, the High Court quashed the FIR and the subsequent legal proceedings.
Legal experts have stated that the verdict could set a precedent in interpreting identity-based abuse and the evidentiary standards required under the SC/ST (POA) Act.
