Team  SoOLEGAL

Casteist Remarks Against SC/ST Over Phone in Public Place An Offence, Rules Supreme Court

Team SoOLEGAL 20 Nov 2017 1:05pm

Casteist Remarks Against SC/ST Over Phone in Public Place An Offence, Rules Supreme Court

The Supreme Court of India has ruled that abusing or using castiest remarks over phone in a public place against the Scheduled Caste and Scheduled Tribe category amount to criminal offence warranting a jail of a maximum five years.

The apex court refused to stay the criminal proceedings and quash an FIR lodged against a person, who allegedly used expletive and derogatory casteist remarks over phone to a woman belonging to the SC/ST category.

A bench of Justices J Chelameswar and S Abdul Nazeer declined to interfere with the August 17 order of the Allahabad High Court which had rejected a plea of a Uttar Pradesh native, seeking quashing of the FIR lodged against him by the woman.

It dismissed his plea saying he has to prove during the trial that he had not talked to the woman over phone from a public place.

Advocate Vivek Vishnoi, appearing for the accused, said that at the time of conversation both then woman and his client were in different cities and it could not be stated that it was in public view.

He said that section 3(1)(s) of SC/ST Act relates to a person, who abuses any member of a SC or ST by caste name in any place "within public view".

"In this case, both persons were in different cities and the conversation took over phone which can't be said to be in a public view. This was a private conversation. The apex court had already settled what 'public view' means in its earlier verdict of 2008," he said. [Inputs PTI]

Tagged: Supreme Court of India    Castiest Remarks   Scheduled Caste   Scheduled Tribe  
Did you find this write up useful? YES 0 NO 1
User Comments
Digital Payment Systemview all

Active Members

Have you activated yours ?

New Members view all
×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.