In a landmark ruling, the Rajasthan High has held that words, purported to be abusive, like ‘Neech’, ‘Bhangi’, ‘Mangani’, and ‘Bhikhari’ (Beggar) did not denote anyone’s caste and hence are mere utterances of the phrases without valid context didn’t warrant the charge under the SC-ST (Prevention of Atrocities) Act.

Accordingly, a bench of Justice Birendra Kumar ordered dropping of sections of the SC-ST Act in a 13 year old case of “obstructing public servants from performing duty”.

Mr Justice Kumar, while hearing an appeal, filed by one, Achal Singh and three others, of Jaisalmer, against framing of the charges in the lower court, held that mere utterance of these phrases should not be deemed to insult or hurt or humiliate respondents.

Moreover, when the accused (appellants in present case) neither had the knowledge about the caste status of the respondents nor had the intention to hurt or humiliate the respondents, there is no case of application for the SC-ST Act, the bench held.

In the present case, the incident was related to tiff and altercation against the officials’ action for removing the encroachment on excessive land allegedly being grabbed by the accused.

So, the accused were in fact opposing and trying to resist the action of the officials and it was not intended to humiliate them on caste basis.

Even the accuseds were reportedly unaware of the caste status of the officials.

Enraged with the party’s behavior and tiff the team of officials had lodged FIR against the four accused slapping them with SC-ST Act and sections of the IPC pertaining to the act of obstructing public servants from discharging the duty.

However, prima facie the court did not find the complaint maintainable; hence, police had closed the case with final report (FR).

The complainant officials had moved further filing a protest petition on which the trial court had framed charges prompting appellants to file an appeal before the high court.

Mr Justice Kumar, while dropping charges under the SC-ST Act, directed the lower court to continue hearing on other charges under IPC for obstructing – resisting public servants from discharging their duty.