Insulting without intent is not enough to be considered an offence under SC/ST act : SC

On 20th of August, a bench of Justice Pardiwala & Justice Manoj Misra while hearing the anticipatory bail plea of Shajan Skaria (editor of a malayalam youtube news channel) said that mere insulting a SC/ST is not enough for making an offence under the SC & ST (prevention of atrocities act) 1989. It will be considered an offence only and only when there is intent and specifically intent to humiliate on the basis of a person belonging to either Schedule Castes/Scheduled Tribes.

Section 3(1)(r) of the SC/ST(Prevention of atrocities) Act states that “ intentionally insults or intimidates with intent to humiliate a member of SC/ST in any Place within Public View”, However not every insult will result in a feeling solely on discrimination due to their status as SC/ST - court observed.

Skaria had allegedly telecast a news item regarding the alleged maladministration of the Sports Hostel by Sreenijin in his capacity as the Chairman, District Sports Council on Youtube. The Court today set aside the Kerala High Court's judgement delivered in June 2023 refusing him anticipatory bail., The court said that their job was not determining whether the statements made in the video are correct or not but to see if conditions are met for Section 3(1)(r) of SC/ST Act.