SC-ST Act applies only if intent is to humiliate

An offence under the SC-ST Act is not established merely because the complainant is a member of a Scheduled Caste or Scheduled Tribe community unless there is an intention to humiliate, the Supreme Court said on Friday.

A two-judge bench made the observation while granting anticipatory bail to YouTuber Shajan Skaria, who runs the "Marunadan Malayali" channel. Skaria had challenged the denial of anticipatory bail to him by the Kerala HC in a criminal case lodged against him by MLA PV Sreenijin.

Sreenijin had got the FIR lodged for offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against Skaria, alleging that he had intentionally humiliated the lawmaker by making false allegations through a video uploaded on "Marunadan Malayali".

The court said the mere fact the person subject to insult or intimidation belongs to a SC or ST would not attract the offence, unless it was the intention of the accused to subject the person concerned to caste-based humiliation.