Casteist Slurs in Private Residence: No SC/ST Act Offence, Rules Supreme Court

The Supreme Court on May 11 dismissed a case filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against individuals accused of using caste-based slurs inside a private residence. The Court ruled that the essential legal requirement for such an offense—namely, that it must occur "in a place within public view"—was not met. The incident reportedly took place within the four walls of the complainant's home, with no indication that it was visible or accessible to the public.

The case originated from an FIR alleging that the accused attempted to break the complainant's house lock and used derogatory caste terms against him and his wife. The complainant and two of the accused were real brothers from a Scheduled Caste community, while the accused's wives belonged to non-SC/ST groups. The trial court had framed charges under the SC/ST Act and the IPC, a decision later upheld by the Delhi High Court.

Before the Supreme Court, the appellants argued that the FIR itself failed to show the incident occurred in public view, a mandatory element for the charged offenses. The bench, comprising Justice Prashant Kumar Mishra and Justice NV Anjaria, agreed. The judgment, authored by Justice Anjaria, emphasized that for an offense under the SC/ST Act, the abusive act must occur in a place exposed to public gaze. A private residential house does not qualify as such a place unless the public had access to witness the event.

The Court concluded that since the alleged abuse happened inside a private home without public exposure, the necessary condition for the offense was absent. Consequently, the proceedings against the appellants were deemed unsustainable, and the appeal was allowed, effectively quashing the case. The decision underscores the importance of the "public view" requirement in offenses under the SC/ST Act.