The Kerala High Court has ruled that the Malayalam phrase “pulayadi mone,” which translates to “son of a prostitute,” does not qualify as a casteist slur under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Justice C S Sudha, while hearing an appeal concerning a case involving abuse against members of the Pulaya community, observed, “Going by the dictionary meaning, the word ‘pulayadi mone’ means son of a prostitute. That being so, the learned counsel for the appellant/A3 is right in saying that the same is not a casteist slur.”
The case stemmed from a dispute between the accused and the complainants, with the latter alleging abuse and hurt caused under Section 3(1)(r) and (s) of the SC/ST Act. The court, however, noted that the First Information Report (FIR) did not show sufficient evidence to suggest that the offences were linked to a caste-based insult. The Court clarified that, “All insults or intimidation to a person will not be an offence under the Act unless such insult or intimidation is on account of the victim belonging to the scheduled caste or scheduled tribe.”
The Court also emphasized that an offence under the Act requires the intention to humiliate a person specifically due to their caste identity, with the ultimate goal being the upliftment of socio-economic conditions for vulnerable communities.
Furthermore, the Court pointed out that the alleged altercation between the accused and the complainants stemmed from a vehicle-related dispute, and it remained unclear whether caste played any role in the incident. Additionally, the Court highlighted that the abuse was not witnessed by anyone in public view.
In light of these observations, the Kerala High Court ruled that there was no prima facie material to support charges under the SC/ST Act, and allowed the pre-arrest bail of the accused.
Case: Sarath KS vs State of Kerala & Anr. – Available on LAWFYI.IO
