Rajasthan HC Quashes SC/ST Act Case Against Shilpa Shetty For Using Word 'Bhangi'
The court further said that one cannot lose sight of the reality that celebrities and public figures invariably tend to speak in a casual tone during interviews, and it is thus essential to consider the broader context rather than isolating specific words.
The Rajasthan High Court in a recent order has quashed a complaint filed under SC/ST (Prevention of Atrocities Act) against Bollywood actress Shilpa Shetty for using the word "Bhangi" in a 2013 Television interview. The court observed that statements made by Public figures are sometimes exaggerated by unknown persons from public just to gain some media attention and no one can be held criminally liable as long as there is no malice or intent to harm.
The court further said that one cannot lose sight of the reality that celebrities and public figures invariably tend to speak in a casual tone during interviews, and it is thus essential to consider the broader context rather than isolating specific words.
The court while quashing the case said that contents of the FIR against the actress show that there is neither any evidence nor any malicious intent and nor any mens rea to commit any offence, as alleged.
"There is no indication in the FIR or accompanying evidence that the accused intended to demean or insult the Valmiki community. At the most, their interview statements, which appear to have been made casually, are being interpreted and taken totally out of context."
The high court order further stated that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act requires that the accused must act with a specific intent to humiliate, insult, or harm members of the SC/ST community.
The court further delved into the different definitions of the term "Bhangi" and said that what is offensive in one context might not be so in another, and intent must be judged based on the overall narrative.
"Speaking of the allegedly offending term "Bhangi," though, no doubt offensive in certain context, but it can also be used in an unintended or alternatively colloquial manner. Let us analyse the very etymology of it. The term Bhangi is believed to have its origin from the Sanskrit word “Bhanga”, which apart from meaning the one who belongs to an untouchable cast, also means "broken" or "fragmented." In another context, Bhanga also refers to cannabis or intoxicants, so someone consuming bhang could also be termed as “bhangi”. As per Oxford Hindi to English dictionary, bhangi also means someone, who consumes Bhang (Bhangar) or even “fraud” or “trick” or “disguise” or even “peculiar or idiosyncratic behaviour”. As per Webster English dictionary alternative meaning assigned is user of Bhang. The interpretation of the term thus varies across regions," the order read.
The court noted that the FIR claimed that the statements caused widespread anger and social unrest. But, there was no instance provided of any protests, violence, or tangible harm to the community.
"The FIR herein is speculative and lacks any evidence, whatsoever, showing how the statements led to social unrest or actual harm. The accused thus did not incite violence or discrimination against the community, despite the derogatory statement having been made three years ago."
The high court further observed that imposing criminal liability for casual or non-malicious statements uttered years ago can lead to a chilling effect. The assertion that the community will "respond vigorously" appears hypothetical and does not establish a direct link between the statements and societal unrest.
The court ruled that in light of the absence of essential ingredients for offenses under Section 153A IPC, the failure to adhere to mandatory procedural requirements under Section 196 Cr.P.C., and the lack of applicability of the SC/ST Act, the FIR is patently illegal and deserves to be quashed.
In 2017, one Ashok Panwar had lodged a police complaint alleging that he saw an interview of two film actors i.e. Salman Khan and Shilpa Raj Kundra on T.V., wherein they used the word "Bhangi". It was said that the word allegedly hurt the sentiments of the people belonging to the Valmiki community.
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