Explorer

Jharkhand HC Rules Calling Tribal 'Adivasi' Not An Offence Under SC/ST Act

Justice Anil Kumar Choudhary 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 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. 

(This report has been published as part of the auto-generated syndicate wire feed. Apart from the headline, no editing has been done in the copy by ABP Live.)

Read more
Sponsored Links by Taboola

Top Headlines

IndiGo 'Promises' To Fix Flight Operations By This Date-Travellers Finally Get A Timeline
IndiGo 'Promises' To Fix Flight Operations By This Date-Travellers Finally Get A Timeline
Goa Nightclub Fire: FIR Against Owner, Manager As Toll Rises To 25; CM Orders Magisterial Probe — Updates
Goa Nightclub Fire: FIR Against Owner, Manager As Toll Rises To 25; CM Orders Magisterial Probe
PM Modi To Lead Vande Mataram Debate In Lok Sabha Tomorrow
PM Modi To Lead Vande Mataram Debate In Lok Sabha Tomorrow
Delhi Continues To Breathe 'Very Poor' Air As Battle With Smog Continues; AQI At 304
Delhi Continues To Breathe 'Very Poor' Air As Battle With Smog Continues; AQI At 304

Videos

IndiGo Crisis: Indigo Flight Crisis Continues, Hundreds of Flights Cancelled, Passengers Stranded at Major Airports
Breaking: Goa Club Fire Claims 25 Lives, Raises Big Questions on Safety Audits
Himachal Tragedy: Mud-House Collapse at Wedding Injures 25 Women in Chamba
Goa Nightclub Fire: Manager Arrested, FIR Filed Against Owner After 25 Deaths
Breaking: Daylight Chaos in Haridwar as Two Groups Clash Near School

Photo Gallery

25°C
New Delhi
Rain: 100mm
Humidity: 97%
Wind: WNW 47km/h
See Today's Weather
powered by
Accu Weather
Embed widget