Criminal Law : Can False Complaints under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 be Allowed to Continue ?
In an interesting case, law on SC/ST Act was explained.
In that case, words used were : "It’s called cheep people and only one brand available for these people: DHOBI BRAND – feeling naughty ; Moral of the story that Dhoban is Brand ambassador of fools & donkeys and only they r follow her always."
It was held that if utterances was not directed against a member of scheduled caste or scheduled tribe, but were directed against members of scheduled caste or scheduled tribe or the community as a whole, it would not make out an offence u/s. 3(1)(x) of the SC&ST Act.
The utterances should be directed against the individual member and not against a group of members or crowd or public in general, though they may comprise of members of scheduled caste and scheduled tribe. Generalized statements against all and sundry, and not against specific individual belonging to the scheduled caste or scheduled tribe, would not make out an offence u/s 3(1)(x) of the SC/ST Act.
Case : Gayatri @ Apurna Singh v. State [2017] GCtR 6662 (Delhi)
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