Kerala High Court on Casteist Slurs
- ByAdmin --
- 25 Jan 2025 --
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In a controversial ruling, the Kerala High Court granted pre-arrest bail to an individual accused of using casteist slurs. The court observed that the phrase “son of a prostitute,” while derogatory, does not qualify as a casteist slur under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Case Details
The accused allegedly made the remark during an altercation, leading to a complaint under the SC/ST Act. The complainant argued that the phrase was intended to demean their caste identity.
Judicial Reasoning
The court clarified that for an offense under the SC/ST Act, the derogatory remark must specifically target the caste identity of the victim. In this case, the phrase was deemed to be a general insult rather than one aimed at caste discrimination.
Significance
This judgment raises important questions about the interpretation of anti-discrimination laws and the fine line between general insults and caste-based abuse. It also highlights the need for clearer guidelines to prevent misuse of such laws while ensuring protection for marginalized communities.
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