Mumbai: Expressing views against Caste Reservation System does not indicate or promote feeling of enmity or hatred or ill-will against members of the Scheduled Castes and the Scheduled Tribes; it is just an expression by her as to the Caste Reservation System, the Nagpur bench of the HC has said.
The HC has upheld the discharge of a woman and her father in a case under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act [SC/ST Act], filed by her estranged partner. Justice Urmila Joshi-Phalke ruled that the woman’s messages, which expressed opinions about the caste reservation system, did not promote enmity, hatred, or ill-will against scheduled castes or scheduled tribes.
A 29-year-old software engineer and a 28-year-old woman from Madhya Pradesh, who secretly married in a temple while in college. Their relationship soured after the woman discovered her partner belonged to the Chambhar community, a scheduled caste.
The man alleged that she sent derogatory WhatsApp messages and expressed her views over Caste Based Reservation System. He alleged that she humiliated and insulted him by written words and promoted feelings of enmity, hatred, and ill-will against members of SC and ST. Hence, he lodged a complaint against her and her father under the provisions of the SC/ST Act.
The trial court discharged the father-daughter in August 2021, hence the man appealed against the same before the HC.
The man’s advocate argued the messages aimed to create hatred between communities. However, the defense contended the messages reflected personal opinions on caste reservations and did not contain offensive language. They also highlighted the delay in filing the complaint, questioning its intent.
Justice Joshi-Phalke noted that the SC/ST Act aims to protect vulnerable communities from indignities and harassment but emphasized the evidence did not meet the legal threshold under Section 3(1)(u) of the Act.
“The messages only show feelings expressed as to the caste reservation system. Such messages nowhere show any attempt to promote enmity, hatred, or ill-will against Scheduled Castes or Scheduled Tribes. At the most, it can be said that her target was just the complainant,” the judge said.
The court also found no evidence implicating the woman’s father. It concluded that the messages merely expressed opinions on caste-based reservations and dismissed the appeal, upholding the trial court’s discharge order.
