Insult an offence under SC/ST Act if in public view: Punjab and Haryana High Court

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Chandigarh, November 14

The Punjab and Haryana High Court has ruled that insult or intimidation towards individuals will not be considered offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act unless such acts are directed at a person belonging to a Scheduled Caste or Scheduled Tribe. The judgment emphasises that another crucial element of the provisions is that the insult or intimidation must occur in a place within public view.

“The insult or intimidation to a person will not be an offence under the Act unless such insult or intimidation is on account of the victim belonging to the Scheduled Caste or Scheduled Tribe and further another important key ingredient of the provisions is that the insult or intimidation should be in any place within public view,” Justice Deepak Gupta asserted.

Justice Gupta elaborated the accused must know that the complainant or the aggrieved person is a member of Scheduled Caste/Schedules Tribe. Besides, the intentional insult or intimidation or abusing must be in any public place within the public view.