Casteist Slur In Private Can't Be Considered Public Offence: Supreme Court

The Supreme Court has ruled that an allegation of casteist slur inside a closed room cannot be considered an offence in public view. It made the observation while cancelling proceedings against a school manager who faced charges under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The Supreme Court said the alleged casteist slur was claimed to have been made inside a closed room, and on top of that the prosecution could not establish, even prima facie, that the incident happened in a place where people could see or hear it.

A bench comprising Justice Vikram Nath and Justice Sandeep Mehta was hearing an appeal against an Allahabad High Court order that had dismissed an appeal filed under the law known as the SC/ST Act in short.

The complainant's two sons studied at the school. The complainant had approached the school manager following a dispute between students. It was alleged the manager and the school staff assaulted the complainant and also hurled casteist slurs at him.

Subsequently, a police case was filed under the SC/ST Act, followed by a chargesheet. A cross FIR was also filed against the complainant by the school manager's wife. She alleged the complainant verbally abused and assaulted her in the school office. Subsequently, the manager intervened and was also assaulted, she alleged. In this FIR too, a local court had admitted the chargesheet.

The school manager then challenged the special court's summons order in the Allahabad High Court, which declined to grant relief, saying that the proceedings could not be quashed merely on the ground that the case was filed out of vendetta. The high court held that a prima facie case was valid.

The Supreme Court then raised the condition about "public view". The school manager's lawyer said the alleged incident happened inside a closed room and witness statements did not prove the presence of any member of the public in the room or that anyone outside heard what was said.

Considering the requirements of Sections 3(1)(R) and 3(1)(S) of the SC/ST Act, the Supreme Court observed that the core question was whether the alleged casteist slur was uttered within "public view".

Reiterating principles laid down in earlier judgements, the bench said a location where members of the public are present and can see or hear the words spoken by the accused to the victim can be considered "within public view."

Conversely, an incident occurring within four walls where no members of the public are present cannot automatically be deemed to have taken place in "public view", and no basis for casteist slurs was found in the witness statements either.

While the school teachers confirmed the dispute and the altercation, none said they were present when the alleged casteist abuses were hurled or that they had heard any such remarks.

However, the Supreme Court said proceedings on other offences filed under the Indian Penal Code will continue.