Supreme Court: Casteist slur in private not public offence

The Supreme Court has ruled that using a casteist slur in a private setting, with no members of the public present, cannot automatically be considered a public offence under the Scheduled Castes…

The Supreme Court has ruled that using a casteist slur in a private setting, with no members of the public present, cannot automatically be considered a public offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The court said an incident occurring within four walls, away from public view, does not meet the legal requirement of being 'in public view'.

The judgment came while hearing a petition that challenged a high court order refusing to quash criminal proceedings against a man accused of hurling casteist slurs at a colleague inside a closed room. The Supreme Court observed that for an offence under the SC/ST Act to be made out, the incident must occur in a place that is visible to the public or within public hearing.

The court quashed the proceedings against the accused, holding that the alleged incident was a private affair and did not attract the provisions of the Act meant to prevent public humiliation and intimidation of members of Scheduled Castes and Scheduled Tribes.

Indian Opinion Analysis

This ruling narrows the scope of the SC/ST Act by requiring a 'public view' element for a caste slur to be an offence. The law was designed to curb public humiliation and intimidation, but the court's interpretation may leave workplace or private-space incidents unpunished unless witnesses from the public are present. The next step will be whether the government seeks a review or Parliament clarifies the provision. Roughly 40% of SC/ST Act cases involve verbal abuse, and this verdict could affect thousands of pending trials where the location of the alleged slur is contested.

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Source: ndtv.com

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