Wednesday, April 20, 2011

[ZESTCaste] Calling a dalit by his caste an offence: SC

http://www.deccanherald.com/content/154902/to-call-dalit-caste-offence.html

Calling a dalit by his caste an offence: SC
New Delhi, Apr 19,DHNS:

The Supreme Court on Tuesday said anyone calling a Dalit by his caste
with an intention to insult him or her would commit an offence under
the Scheduled Castes and Scheduled Tribes (Prevention of atrocities)
Act.

A Bench of Justices Markandeya Katju and Gyan Sudha Mishra also
decried the practice of "two tumblers" prevailing in Tamil Nadu, while
upholding the conviction of two persons under the Act.

The court warned that the administrative and police officers would be
held liable for prosecution if they failed to curb the practice of
serving foods in two separate tumblers to Dalits and members of other
castes. "This is an offence under the SC/ST Act, and hence those
practising it must be criminally proceeded against and given harsh
punishment if found guilty," the Bench said.

Two persons Arumugam Servai and Ajit Kumar, belonging to the "servai"
backward caste community, were held guilty by a Madurai sessions court
for calling Panneerselvam and Mahamani by their caste "pallan".

"The word 'pallan' no doubt denotes a specific caste, but it is also a
word used in a derogatory sense to insult someone. Even calling a
person a 'pallan', if used with an intent to insult a member of the
SC, is, in our opinion, an offence under Section 3(1)(x) of the SC and
ST (Prevention of Atrocities Act), 1989," Justice Katju said.


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