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The Supreme Court of India has held that a caste-based insult made in the backyard of a private house does not constitute an offence under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This section criminalizes intentional insult or intimidation with an intent to humiliate a member of a Scheduled Caste or Scheduled Tribe "within public view."
A bench comprising Justices Hidayatullah and Meera Sharma clarified that for an act to fall under the purview of "within public view," it must occur in a place accessible to and visible by the public at large. The court emphasized that the context of the insult and the location are crucial in determining whether the offence qualifies under the Act.
The judgment arose from a case where an individual accused of using casteist slurs argued that the incident occurred in the private backyard of a house and was not witnessed by the public. The Supreme Court concurred with this argument, stating that the lack of public access or visibility negated the "public view" requirement.
The court also underscored that the SC/ST Act was enacted to prevent atrocities against marginalized communities and should not be diluted. However, it added that the application of the law must adhere to its clear legislative intent.
This judgment has sparked discussions among legal experts and activists regarding the interpretation of "within public view" under the SC/ST Act. While some see it as a strict application of the law's wording, others fear it might set a precedent that could narrow the scope of protection for marginalized communities.
The decision reaffirms the need for evidence of public accessibility or visibility to establish an offence under Section 3(1)(r) of the SC/ST Act, ensuring that the law is applied within its intended framework.
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