Whatsapp Message Expressing Feelings Towards Caste Reservation System Not An Offence Under SC-ST Act: Bombay HC

The Court dismissed an appeal filed under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act), challenging the discharge of the respondents accused under Section 3(1)(u) and 3(1)(v) of the Act. The Nagpur Bench upheld the findings of the Trial Court noting that there was no attempt to promote feelings of enmity, hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes in the messages.

A Single Bench of Justice Urmila Joshi-Phalke observed, “On going through the entire material, it reveals that messages only show feelings expressed as to Caste Reservation System. Such messages nowhere show that there was any attempt to promote any enmity or hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes. At the most, it can be said that her target was just the complainant only. However, accused No.1 did not write any word which would create or promote any ill-will or enmity or hatred against members of the Scheduled Castes and the Scheduled Tribes.”

Advocate S. Sonwane appeared for the Appellant, while Additional Public Prosecutor Nitin Autkar represented the Respondents.

The Appellant had filed a complaint alleging that the Respondent and her father humiliated and insulted him by written words and promoted feelings of enmity, hatred, and ill-will against members of Scheduled Castes and the Scheduled Tribes. The Appellant claimed that after their secret marriage, the Respondent ended their relationship upon learning that he belonged to the ‘Chambhar Community,’ a Scheduled Caste.

However, the Trial Court discharged the Respondent, holding that the evidence did not establish any prima facie attempt to promote hatred or ill-will as required under Section 3(1)(u) of the Act.

The High Court noted, “Even perusal of the said messages shows that messages express opinion as to the Caste Reservation System. Other messages, only reference of Scheduled Caste is mentioned. Even none of messages talks about any act on the part of accused No.2 showing that there is an attempt to create any hatred or enmity or ill-will regarding the Scheduled Caste.”

The Bench pointed out that the Act was enacted to improve the socio-economic condition of Scheduled Castes and the Scheduled Tribes and to protect them from various indignities, humiliation, and harassment. “The Legislation, thus, intends to punish acts committed against vulnerable sections of our society for reason that they belong to particular community,” it stated.

Therefore, while considering whether there’s a prima facie case or not, the Court explained that it must conduct a preliminary enquiry to determine “whether narration of facts in the First Information Report discloses essential ingredients requiring to constitute an offence under the Atrocities Act.”

“Thus, the court has to apply its judicial mind to determine, whether allegations levelled in the complaint, on a plain reading, satisfy ingredients constituting the alleged offence…In the present case, after conducting a preliminary enquiry, learned Judge below came to conclusion that ingredients are not established,” the Court stated.

Consequently, the Court held, “For reasons stated above, the appeal is devoid of merits and deserves to be dismissed and the same is dismissed.”

Accordingly, the High Court dismissed the Appeal.

Cause Title: Vishal v. The State of Maharashtra & Ors. (Neutral Citation: 2024:BHC-NAG:13024)

Appearance:

Appellant: Advocate S. Sonwane

Respondents: Additional Public Prosecutor Nitin Autkar; Advocate R.K.Tiwari

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