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Supreme Court Rules on SC/ST Act Insults
The Supreme Court of India clarified that not every insult to a member of the Scheduled Caste (SC) or Scheduled Tribe (ST) community constitutes an offence under the SC/ST (Prevention of Atrocities) Act, 1989. This ruling came during the anticipatory bail hearing for Shajan Skaria, a YouTuber accused of derogatory remarks against MLA P.V. Sreenijin, who belongs to the SC community. The court stated that for an act to be punishable under the Act, there must be clear intent to humiliate the victim based on their caste identity, distinguishing between general insults and those aimed at reinforcing caste-based discrimination. The justices emphasized that the mere fact of the victim's caste status does not automatically invoke the Act's protections unless the insult was specifically tied to that identity. The judgment reaffirms the need to contextualize humiliation in relation to systemic caste discrimination, rather than applying blanket interpretations of the law. This decision has sparked discussions about the balance between freedom of expression and protections against caste-based discrimination.
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