LexSWARAN SINGH & ORS. versus STATE THROUGH STANDING COUNSEL & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2008] 12 S.C.R. 132
A
SWARAN SINGH & ORS.
l>,
V.
STATE THROUGH STANDING COUNSEL & ANR.
(Criminal Appeal No. 1287 of 2008)
B
AUGUST 18, 2008
[ALTAMAS KABIR AND MARKANDEY KATJU, JJ.]
1
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989- s. 3 (1) (x) - Charges under- Of three
c accused - For calling a person 'Chamar' - Quashing of
charges sought - Held: Calling a member of Scheduled
Caste as 'Chamar' with intent to insult or humiliate is an of-
fence - Ascertainment of the intent, however, is matter of evi-
dence - 'Chamar' though is name of a Caste, is often used in
D derogatory sense - While interpreting the provision popular
meaning of the word 'chamar' should be taken into account
and not its etgmological meaning - On perusal of FIR prima
"'
facie a criminal case is made out against accused Nos. 2 and
":"
3 - The act was done in public view with intent to insult or hu-
E miliate the informant- Accused No. 1 though uttered the word
in derogatory sense, but since it was not done in public view,
he is not liable to be charged -Code of Criminal Procedure,
1973 - s. 482 - Constitution of India, 1950 -Article 21.
Words and Phrases - 'Chamar' - Meaning of in the con-
F text of Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989.
,.J:-
Appellant Nos. 1, 2 and 3 were charged u/s 3 (1) of
Schedule Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, on the basis of FIR alleging that the
G appellants had addressed him as 'Chamar'. Against the
order of framing charges, appellants filed Criminal Revi-
sion which was dismissed by High Court. Hence the
~
present appeal.
H
132
SWARAN SINGH & ORS. v. STATE THROUGH
133
STANDING COUNSEL & ANR.
~"'
Disposing of the appeals, the Court
A
HELD: 1.1 It is true that Chamar is the name of a caste
among Hindus who were traditionally persons who made
leather goods by handicraft. However, today the word
'Chamar' is often used by people belonging to the so-
B
called upper castes or even by OBCs as a word of insult,
{
abuse and derision. Calling a person 'Chamar' is nowa-
days an abusive language and is highly offensive. In fact,
the word 'Chamar' when used today is not normally used
to denote a caste but to intentionally insult and humiliate
someone. [Paras 13 and 21] [139, B; 141,D]
c
'The People of India' by Watson Kaye; 'The Tribes &
Castes of the North-Western Provinces and Oudh' by
W.Crooke; 'The Chamars of Uttar Pradesh' by A.B Mukerji;
'The Chamar Artisans' by Satish Kumar Sharma; 'The Tribes
D
and Castes of the North-Western India' by W. Crooke - re-
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ferred to
..,.
1.2 While interpreting Section 3(1 )(x) of Schedule
Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989, the purpose for which the Act was enacted, has
E
to be seen. It was obviously made to prevent indignities,
humiliation and harassment to the members of SC/ST
community, as is evident from the Statement of objects &
reasons of the Act. Hence, while interpreting Section
3(1 )(x) of the Act, the popular meaning of the word 'Chamar'
F
~ is to be taken into account, which it has acquired by us-
age, and not the etymological meaning. If one goes by
the etymological meaning, the very object of the Act would
be frustated, and hence that would not be a correct man-
ner of interpretation. [Para 22] [141,E-F]
G
+
1.3 Calling a member of the Scheduled Caste 'Chamar'
with intent to insult or humiliate him in a place within pub-
lie view is certainly an offence under Section 3(1)(x) of
the Act. Whether there was intent to insult or humiliate by
using the word 'Chamar' will of course depend on the con-
H
134
SUPREME COURT REPORTS
[2008) 12 S.C.R.
A text in which it was used. The SC/ST communities are also
~
equal citizens of the country, and are entitled to a life of
dignity in view of Article 21 of the Constitution. [Paras 24
and 29] [142,C; 143,F]
B
2.1 At this stage all that the High Court can see in the
petition under Section 482 Cr.P.C. or in a writ petition, is
whether on a perusal of the FIR, treating the allegations to
).
be correct, a criminal offence is prima facie made out or not
or whether there is any statutory bar. A perusal of the FIR
clearly shows that, prima facie, an offence is made out
c against the appellants 2 and 3. Treating the allegations in
the FIR to be correct an offence under Section 3(1 )(x) of
the Act is prima facie made out against appExcerpt shown. Read the full judgment & AI analysis in Lexace.