ARUMUGAM SERVAI versus STATE OF TAMIL NADU

Citation: [2011] 5 S.C.R. 488 · Decided: 19-04-2011 · Supreme Court of India · Bench: MARKANDEY KATJU · Disposal: Dismissed

Cited by 5 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2011] 5 S.C.R. 488 
ARUMUGAM SERVAI 
v. 
STATE OF TAMIL NADU 
(Criminal Appeal No. 958 of 2011) 
APRIL 19, 2011 
[MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] 
Scheduled Castes and Scheduled Tribes (Prevention of 
Atrocities) Act, 1989 - s.3(1)(x) - Complainants-PWs 1 and 
C 2 belonged to "Pallan,. caste, a Scheduled Caste in Tamil 
Nadu - Altercation between them and accused-appellant -
Appellant insulted PW1 by calling him a "Pal/apayal" and 
thereafter the appellants caused injuries to both PW1 and 
PW2 - Conviction of appellants by courts below- Justification 
o of - Held: Justified - The word 'pal/an' no doubt denotes a 
specific caste, but it is also a word used in a derogatory sense 
to insult someone - Even calling a person a 'pal/an', if used 
with intent to insult a member of the Scheduled Caste, is, an 
offence uls.3(1 )(x) -
To call a person as a 'pallapaya/' in 
E Tamilnadu is even more insulting, and hence is even more 
an offence - Similarly, in Tamilnadu there is a caste called 
'parayan' but the word 'parayan' is also used in a derogatory 
sense - The word 'paraparayan' is even more derogatory -
Uses of the words 'pal/an', 'pallapayal' 'parayan' or 
F 
'paraparayan' with intent to insult is highly objectionable and 
also an offence under the SC/ST Act - It is just unacceptable 
in the modem age - The appellants behaved like uncivilized 
savages, and hence deserve no mercy. 
Scheduled Castes and Scheduled Tribes - Prevention 
G of atrocities - Two tumbler system prevalent in State of Tamil 
Nadu - Separate tumblers for serving tea or other drinks to 
Scheduled Caste persons and non-Scheduled Caste persons 
in tea shops and restaurants -
Held: This is highly 
objectionable, and is an offence under the SC/ST Act, and 
H 
488 
ARUMUGAM SERVAI v. STATE OF TAMIL NADU 
489 
hence those practicing it must be criminally proceeded A 
against and given harsh punishment if found guilty. 
Honour Killings - 'Khap Panchayats' (known as Katta 
Panchayats in Tamt1 Nadu) - Institutionalized crime on boys 
and girls of different castes and religion, who wish to get 
B 
married or have been married, and interference with the 
personal lives of people - Held: This is wholly illegal and has 
to be ruthlessly stamped out - There is nothing honourable 
in honour killing or other atrocities and, in fact, it is nothing 
but barbaric and shameful murder - Hence, administrative 
C 
and police officials directed to take strong measures to 
prevent such atrocious acts. 
Ac.cording to the prosecution, there was an 
altercation between the appellants and complainants-
PW1 and PW2 (who belonged to a Scheduled Caste in 
D 
the State of Tamil Nadu) whereafter appellant insulted 
PW1 by calling him a pallapayal and that he ate deadly 
cow beef and that then the accused-appellants attacked 
PW1 and PW2 causing them injuries. The appellants were 
convicted by the courts below under Section 3(1)(x) of the 
E 
Scheduled Castes and Scheduled Tribes (Prevention of 
Atrocities) Act, 1989. Hence the present appeals. 
Dismissing the appeals, the Court 
HELD: 1. Both the Courts below believed the 
F 
prosecution case, and this Court sees no reason to 
differ. There is no reason to disbelieve the testimony of 
the witnesses. [Para 6) [494-D] 
2.1. The accused belong to the 'servai' caste whic:;h 
G 
is a backward caste, whereas the complainants belong' 
to the 'pallan' caste which is a Scheduled Caste in Tamil 
Nadu. The word 'pallan' no doubt denotes a specific 
caste, but it is also a word used in a derogatory sense to 
insult someone (just as in North India the word 'chamar' 
H 
490 
SUPREME COURT REPORTS 
[2011) 5 S.C.R. 
A denotes a specific caste, but It is also used in a 
derogatory sense to insult someone). Even calling a 
person a 'pallan', if used with intent to insult a member 
of the Scheduled Caste, is, an offence under Section 
3(1)(x) of the Scheduled Castes and Scheduled Tribes 
B (Prevention of Atrocities) Act, 1989. To call a person as a 
'pallapayal' in Tamilnadu is even more insulting, and 
hence is even more an offence. Similarly, in Tamilnadu 
there is a caste called 'parayan' but the word 'parayan' 
is also used in a derogatory sense.· The word 
c 'paraparayan' is even more derogatory. [Paras 7, 8 and 
9] [494-E-H; 495-A] 
2.2. Uses of the words 'pallan', 'pallapayal' 'parayan' 
or 'paraparayan' with intent to insult is highly 
objectionable and is also an offence under the SC/ST Act. 
D It is just unacceptable in the

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