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Tuesday 19 April 2011

Calling Dalit by caste an offence: Supreme Court

Calling a Dalit by his caste with a view to insulting him or her is an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), the Supreme Court has ruled, upholding the conviction of two persons in Tamil Nadu.
A bench of justices Markandeya Katju and Gyan Sudha Misra als
o deplored the "two tumbler" practice prevalant in the state and asked the government to rid the menace, failing which it said the police and administrative officers concerned shall be liable for prosecution under the Act.

In some parts of the state, there is a practice of serving food and beverages in separate tumblers for members of the Dalit and other castes.

The accused Arumugam Servai and Ajit Kumar, who belonged to the 'servai" bacward caste community, were convicted by the sessions judge Madurai for calling the Dalits Panneerselvam and Mahamani by their caste "pallan" and assaulting them.

"The word ‘pallan’ no doubt denotes a specific caste, but it is also a word used in a derogatory sense to insult someone (just as in North India the word ‘chamar’ denotes a specific caste but it is also used in a derogatory sense to insult someone).

"Even calling a person a ‘pallan’, if used with the intent to insult a member of the Scheduled Caste, is, in our opinion, an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989," Justice Katju writing the judgement said.


http://www.hindustantimes.com/Calling-Dalit-by-caste-an-offence-SC/Article1-687198.aspx

2 comments:

  1. It is a welcome clarification and right interpretation of SC/ST Act.

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  2. Many parts of india may be still backward and illiterate, but when we say India we are overall talking about a modern society, or let us say, we are in pursuit of bringing the marginalised people also to the forefront in all walks of life from living standard, education to sense of dignity etc etc. So calling some name and insulting some citizen of this country whoever he is, whichever caste, tribe, sect, religion he belongs is not even imagined by anyone. Every individual here is equal under constitution and also by being an INDIAN. Life conditions may be different. But rights are equal.And life conditions must change for good for people having poor conditions of life. Only caution, and this is very important, is that our rules, regulations, constitutional provisions made to safeguard dignity of marginalised and poor must not be misused to settle scores by any one even to the minimum. This also must not be mis used by any over enthusastic religious fanatic to fulfil their nefarious intents. God has created each and every human being as human being and equal. Let all respect it and live and help the downtrodden.

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