Ranchi: The High Court of Jharkhand has observed that calling a tribal “an adivasi” will not constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Justice Anil Kumar Choudhary, while hearing a criminal writ filed by one Sunil Kumar, has held that in order to constitute an offence punishable under the SC/ST(POA) Act, the victim ought to be a member of a scheduled caste or a scheduled tribe.
The word “adivasi” is not a tribe as per the schedule provided in the Constitution of India, and unless the victim comes under the list of the scheduled tribes noted in the Constitution, no case under the Act can be made out against the accused, the court observed.
The court was hearing the petition of Kumar, a public servant who had challenged an FIR, registered against him with the Dumka Police Station.
The victim, who lodged the FIR, happens to be a member of the scheduled tribe.
The victim mentioned in the FIR that she had gone to meet Kumar in his office to serve an application under the Right to Information Act.
Kumar had allegedly refused to accept the application and is said to have called the victim an “insane adivasi”.
The woman also alleged that Kumar drove her out of his office and humiliated her.
Kumar’s counsel Chandana Kumari argued before the court that he had not mentioned the woman’s specific caste or tribe that she belongs to and only used the word “adivasi”.
This cannot be an offence, Kumari argued.
She also stated that the FIR has been registered under the SC/ST Act.
The court observed, in its order passed on April 8, that continuation of the criminal proceedings against Kumar, who is undisputedly a public servant, will amount to an abuse of process of law.
The court quashed the FIR and set aside the proceedings arising out of the case.
