Pranav Shukla
The Rajasthan High Court on November 12, 2024 ruled that terms like “Bhangi”, “Neech”, “Bhikhari”, and “Mangani” (meaning beggar, lowly person, etc.) are not caste names, and their use does not constitute an offense under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).
The bench comprising of Justice Birendra Kumar made this observation while dismissing charges under the SC/ST Act against four individuals accused of using the above-mentioned terms towards the public servants who were inspecting and removing encroachments.
The Court noted that the words used is neither in reference to any caste, nor was there any indication that the petitioners intended to insult or demean the public servants based on their caste.
The Court highlighted that the words used were not caste names, nor was there any claim that the petitioners were aware of the caste of the public servants involved in removing the encroachments. Furthermore, a plain reading of the allegations makes it evident that the petitioners’ actions were not aimed at humiliating the public servants for belonging to Scheduled Castes or Scheduled Tribes. Instead, their behaviour was a form of protest against what they perceived as improper measurement activities by the public servants.
“Although there is a preliminary allegation that the petitioners obstructed the official duties of the public servants, criminal prosecution will proceed based on that specific action,” the Court said.
Case Title: Achal Singh & Ors. v. State of Rajasthan & Anr.
Case Number: 2024: RJ-JD:44266
Bench: Justice Birendra Kumar
Click here to access the order.