If a person scolds a SC/ST the police usually book a case under PCR act which I understand will lead to arrest. What if a person belonging to SC/ST speaks of the following nature to a General Caste person when a general caste person engages a SC/ST Female based on a promise that marriage shall be conducted on the Genera; Caste's rituals and SC/ST female's father speaks to the groom just before marriage:
1. There are only 4 people in your family why do you need to keep up your caste or stand by your caste values? We are more in population so Instead listen to us.
2. You people came from Khyber Canal into India we are sons of the soil we know your origins.
basically any direct or indirect derogatory remark / threat to a person's caste (other than SC/ST) is punishable by law? If yes please elaborate under which sections and if possible please provide some samples of real cases in this context.
Also if punishable, then to whom such complaint can be made? Can this be made to Tahsildar or Collector or can this be taken to court directly?
Asked in Civil Law from Chennai, Tamil Nadu
1) it is better not to aggravate the issue
2) if you file any police complaint girl who belongs to SC/ST will file a counter complaint against you .
3) that you have used derogatory remarks regarding her SC status . it is non bailable offence with minimum 5 years imprisonment
4) if you dont want to marry her call off the marriage with mutual consent
Any such remark if passed by a general category individual does not attract a penal prosecution under any law in existence in India. The only remedy which may be adopted is a lawsuit for damages on account of loss caused to reputation.
What you say cannot be termed as caste discrimination. Caste discrimination can be said for apartheid or untouchability. This is generally for the SC and ST community only and not related to other communities.
If his words and actions hurt and harm your sentiments, you may file a defamation case against him.
If you are aggrieved over his actions and unable to counter him or not able to stop him, you may lodge a criminal complaint with the local police about his mental tortures as well as obscene words etc, the police will take care of the respective sections that can be inserted for the offences that are proposed to be framed in the FIR.