Addressing someone merely by their caste name is not a crime ! : Allahabad High Court

Observation on improper application of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

Prayagraj (Uttar Pradesh) – The Allahabad High Court has delivered an important ruling stating that if a person is addressed by their caste name, but there is no intention to insult or intimidate, it cannot be treated as an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The Court made this observation while deciding a criminal petition filed by Amay Pandey and others. In this case, the High Court quashed the summoning order passed by the lower court; however, it permitted the proceedings to continue under the Bharatiya Nyaya Sanhita.

While hearing the matter, the Court clearly stated, “Addressing someone merely by their caste name is not a crime unless there is intent to insult or intimidate.”

1. In 2019, an FIR was registered against Amay Pandey and others under the SC/ST Act. They were accused of assaulting the complainant and making caste-based remarks.

2. The counsel appearing for the accused argued that the entire case was contradictory and maliciously fabricated. There was no mention of caste-based abuse or insult in the initial complaint. The incident was merely a case of a general altercation and assault that took place during a wedding ceremony.

3. After hearing both sides, the Court observed that the background of the case appears to be related to a private dispute. It noted that the provisions of the SC/ST Act did not seem to have been invoked in the proper context. The Court further observed that there was no material to indicate that the alleged act was committed on account of the complainant’s caste or with the intention to humiliate him on that basis.

4. The Court clarified, “For an offence under the SC/ST Act to be made out, it must be established that the accused intentionally insulted or intimidated the victim on the basis of caste, and that such act occurred in a place within public view.” It further added that verbal abuse or assault, in the absence of caste-based intent, would not attract the provisions of the Act.