The Orissa High Court, in a recent ruling, said that abusing someone with the name of their caste or suddenly uttering their caste during an incident would not amount to an offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 (SC/ST Act), unless there is an intention is to insult or humiliate the victim.
Justice RK Pattanaik said:
“If someone is abused with the name of his caste or the caste is uttered suddenly in course of events and during the incident, in the humble view of the Court, by itself would not be sufficient to hold that any offence under the SC and ST (PoA) Act is made out unless the intention is to insult or humiliate the victim for the reason that he belongs to Scheduled Caste or Scheduled Tribe is prima facie established.