Keshaw Mahto v. State of Bihar - SC-ST Act - Element Of Humiliation

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989: Sections 3(1)(r), 3(1)(s) - Even mere knowledge of the fact that the complainant is a member of a Scheduled Caste or a Scheduled Tribe is not sufficient to attract Section 3(1)(r) - Merely abusing a member of a Scheduled Caste or a Scheduled Tribe would not be enough- Saying caste name would also not constitute an offence-To constitute an offence under Section 3(1)(s) it would be necessary that the accused abuses a member of a Scheduled Caste or a Scheduled Tribe “by the caste name” in any place within public view. Thus, the allegations must reveal that abuses were laced with caste name, or the caste name had been hurled as an abuse- The element of humiliation is present in Section 3(1)(s) as well. It has to be gathered from the intentional insult towards the caste, and the content. The content under Section 3(1)(s) are the abuses hurled at a person belonging to a Scheduled Caste or a Scheduled Tribe. However, the intent with which the abuses were hurled must be found to be denigrating towards the caste, resulting into a feeling of caste-based humiliation. (Para 12-18)