No Justification For Slapping Scheduled Caste MP And Uttering Derogatory Words In Public View: Bombay HC
Bombay HC: No Justification for Slapping SC MP & Using Derogatory Words in Public View
The Bombay High Court recently ruled that slapping a Scheduled Caste Member of Parliament (MP) and uttering caste-based derogatory words in public view squarely attracts the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The Court stressed that such acts cannot be trivialized or justified, as they amount to both physical assault and humiliation of a person belonging to a marginalized community, striking at the very dignity that the SC/ST Act seeks to protect.
Key Legal Findings
Public View Requirement Satisfied
The incident occurred in a place where others were present, thus fulfilling the condition of “public view” under the SC/ST Act.
Caste-based Insults Are Not Mere Abuses
The Court clarified that when insults are linked to caste identity, they go beyond ordinary abuse and constitute an atrocity under the Act.
No Justification for Assaulting a Public Representative
The defense of provocation was rejected.
Court observed that no justification exists for slapping an elected representative belonging to a Scheduled Caste and simultaneously humiliating him with derogatory words in public.
Enhanced Duty of Protection
Since the victim was an MP belonging to SC community, the assault undermined both personal dignity and the larger constitutional commitment to social justice.
Relevant Provisions
Section 3(1)(r), SC/ST Act, 1989 – Intentionally insulting or intimidating with intent to humiliate in public view.
Section 3(1)(s), SC/ST Act, 1989 – Abusing a member of SC/ST by caste name in public.
Section 323 IPC – Punishment for voluntarily causing hurt.
Section 504 IPC – Intentional insult with intent to provoke breach of peace.
Important Precedents
Swaran Singh v. State, (2008) 8 SCC 435 – “Public view” means presence of independent witnesses, not just victim and accused.
Hitesh Verma v. State of Uttarakhand, (2020) 10 SCC 710 – Caste insults attract SC/ST Act when linked to identity and made in public view.
Ashabai Machindra Adhagale v. State of Maharashtra, (2009) 3 SCC 789 – Courts must strictly interpret in favor of dignity of SC/ST members.
✅ Conclusion
The Bombay High Court reaffirmed that:
Slapping and caste-based derogation of an SC MP in public view is an atrocity under the SC/ST Act.
No defense of provocation or justification can dilute the seriousness of the offence.
Such actions not only injure the victim but also undermine the constitutional promise of equality, dignity, and social justice.
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