In a recent decision the Rajasthan High Court has held that the use of certain terms against the Schedule Caste and Schedule Tribe will not amount a castiest slur and does not constitute an offence under SC/ST (Prevention of Atrocities) ACT 1989.

The court also dropped the charges against four persons using such words.

The incident originated when Tehsildar Harish Chandra and other government officials were conducting a land enchrochment survey on 31.1.2011.

The Land encroacher Achal Singh and three other allegedly used the offensive terms like Bhangi,Bhikahri, Neech and Mangani against the officials. There after a case was registered against them under various sections of IPC and SC/ST Act.

However the police submitted a report finding that the allegations were untrue and then submitted a negative report. The charges framed following a Protest Petition filled by the complainant.

The accused later challenged these charges with their counsel arguing that the complainant were not aware about the caste of the complainant and also the incidence was not witnessed by the public.

The defense argued that it was a misuse of provisions of law as the accused do not have any intension to humiliate officials based on caste. 

Justice Birendra Kumar observed that the incident arises from objection from land measurement rather then caste- based discrimination.

However the court concludes that there charges could be established against the petitioner under SC/ST Act and discharged them from these charge, but the petition regarding obstructing the government officials from discharging thier duties will remain continue.