J&K High Court: Mere Abuse or Uttering Caste Name Not Enough Under SC/ST Act

The Jammu & Kashmir and Ladakh High Court held that mere abuse of a person belonging to SC/ST or simply uttering a caste name does not constitute an offence under the SC/ST (Prevention of Atrocities) Act.

The Court clarified that, under Section 3(1)(s), the abuse must be by the caste name and in a place within public view to attract liability.

It also emphasised that the intent to humiliate on the basis of caste is a crucial element.

Finding no such prima facie evidence in the case, the Court held that the bar on anticipatory bail would not apply and granted relief to the accused.

[Santosha Devi v. UT of J&K & Ors.]