Using ‘mazhabi’ derogatorily amounts to caste-based offence: High court

The Punjab and Haryana High Court has held that using the term “mazhabi” in an abusive or derogatory sense constitutes a direct attack on the dignity of an individual based on caste. The bench held that such conduct fell squarely within the ambit of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

“The term ‘mazhabi’ when used in an abusive or derogatory sense, it certainly amounts to an attack upon the dignity of an individual in the name of his/her caste,” Justice Manisha Batra observed. The bench, during the course of hearing, was told the appellant, a senior officer at Mohali Forensic Science Laboratory allegedly abused the complainant in the name of her caste in her office room in the presence of three other staff members. It was alleged that the complainant and the other staff members there belonged to the Scheduled Caste category.

Justice Batra asserted: “It is well settled proposition of law that the use of a caste name when employed with the intent to insult or humiliate a person belonging to a Scheduled Caste, particularly in a place within public view, attracts the provisions of the Act, 1989.”

The bench added it was well known that Mazhabi Sikhs in Punjab were “historically Dalit communities, largely comprising descendants of those who embraced Sikhism from marginalised groups; they are recognised as a Scheduled Caste in Punjab”.

Justice Batra rejected the appellant’s plea for anticipatory bail after asserting that a prima facie case under the provisions of the Act was made out. “It is well settled by now that if a prima facie case for commission of offences under the provisions of the Act, is not made out, anticipatory bail can be granted to an accused. However, this does not appear to be the position in this case,” the court observed.

Before parting with the case, Justice Batra asserted the court was inclined to hold that Mohali Additional Sessions Judge did not commit an error in observing that a prima facie case under the provisions of Section Act was made out, while dismissing the plea.