Abusing by caste in pvt not an offence: SC

Abusing a Dalit by his caste in private interaction is not an offence, a Delhi court has said.

Last Updated: Oct 16, 2010, 00:30 AM IST

New Delhi: Abusing a Dalit by his caste
in private interaction is not an offence, a Delhi court has
said.

The court`s observation came while acquitting a
principal of a government school of charges of passing some
derogatory remarks against his junior, belonging to a
Scheduled Caste.
To drive home the guilt of the accused, such incidents
should happen in full public view, it said.

"The presence of principal (accused) and the teacher
(complainant) alone during the dispute resulting in any abuse,
insult or humiliation by virtue of caste does not constitute
`within public view` within the meaning of Section 3 (i) of
the Scheduled Caste and Scheduled Tribes Act," Additional
Sessions Judge Dharmesh Sharma said.

Deepak Singh, working as a teacher at Government Boys
Senior Secondary School at Roop Nagar here, had accused that
Pal Dhama insulted and humiliated him by calling him with the
name of his caste.
Later, the accused also abused him for lodging an FIR
against him at Roop Nagar police station on May 14, 2007.

The court trashed the allegations that the accused
also called him `nikamma` which also constituted an offence
under the Act.

"Mere fact that the accused once remarked that
complainant was a `nikamma` is no offence which only mean that
the complainant was not taking his teaching assignment
seriously and the accused being principal had a duty to remind
the complainant to improve his commitment to work," it said.

The complainant further alleged that the principal
allotted him class VI for teaching mathematics despite the
fact that he was a teacher of natural science.

"Much grievance is sought to be made by him... but
this cannot be accepted in view of the guidelines of the
Directorate of Education proved on record that empower the
principal of a school to depute a graduate teacher for
imparting class in mathematics and science to students up to
class VIII," the court said.

PTI