Source: Supreme Court 

Why in News? 

A bench of Justice BV Nagrathna and Justice N Kotiswar Singh held that where alleged utterances were made in the backyard of the private house it cannot be said that the act was in any place within public view.                   

• The Supreme Court held this in the case of Rabindra Kumar Chhatoi v. State of Odisha & Anr. 

What was the Background of Rabindra Kumar Chhatoi v. State of Odisha & Anr. Case?  

• The Appellant in this case instituted a criminal complaint under Section 294 and Section 506 of Indian Penal Code, 1860 (IPC) read with Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC & ST (POA) Act). 
• The incident from which the complaint arises occurred in the backyard of the appellant’s house. 
• It is the case of the Appellant that the complainant had trespassed into the backyard along with her employees for plastering her house and she had trespassed into the property of the appellant without seeking any permission the appellant may have uttered the words. 
• The Appellant filed an application under Section 239 of the Code of Criminal Procedure, 1973 (CrPC) for discharge. 
• This application was dismissed by the Additional Sessions Judge as well as the High Court. 
• Thus, the appeal was filed before the Supreme Court. 

What were the Court’s Observations?  

• The Court held that if an offence under Section 3 is to be constituted it has to be proved that the words were uttered in any public view as per Section 3 of SC & ST (POA) Act as it stood prior to amendment. 
•  The Court observed that the place of occurrence was the backyard of a private house which cannot be said to be within the public view. 
• Thus, the Court held that in these circumstances it cannot be said that the alleged utterance of the appellant was in any place within public view. 
• Thus, the Court set aside the order passed by the High Court and the order passed by the Additional Sessions Judge.  

What is SC/ST (Prevention of Atrocities) Act, 1989? 

About the Act: 

• SC/ST Act 1989 is an Act of Parliament enacted to prohibit discrimination against SC & ST communities members and prevent atrocities against them.  
• The Act was passed in Parliament of India on 11th September 1989 and notified on 30 January 1990.  
• The Act is also a recognition of the depressing reality that despite undertaking several measures, the Scheduled Castes/Scheduled Tribes continue to be subjected to various atrocities at the hands of upper castes.  
• The Act has been enacted keeping in view the express constitutional safeguards enumerated in Articles 15, 17 and 21 of the Constitution of India, 1950 (COI), with a twin-fold objective of protecting the members of these vulnerable communities as well as to provide relief and rehabilitation to the victims of caste-based atrocities.  

SC/ST (Amendment) Act, 2015:

• This Act was amended in the year 2015 for the purpose of making the act more stringent with the following provisions:  
  • Recognition was given to more instances of atrocities as crimes against SCs and STs.  
  • It added several new offences in Section 3 and renumbered the entire section since the recognized crime almost doubled.  
  • The Act added Chapter IVA Section 15A (the rights of victims and witnesses), and defined dereliction of duty by officials and accountability mechanisms more precisely.  
  • It provided for the establishment of exclusive special courts and special public prosecutors.  
  • In the context of public servants at all levels this Act defined the term willful negligence.  

SC/ST (Amendment) Act, 2018:

• In the case of Prithvi Raj Chauhan v. Union of India (2020), the Supreme Court upheld the constitutional validity of Parliament’s 2018 Amendment to the Prevention of Atrocities Act. The Salient features of this Amendment Act are as follows:  
  • It added Section 18A to the original Act.  
  • It delineates specific crimes against Scheduled Castes and Scheduled Tribes as atrocities and describes strategies and prescribes punishments to counter these acts.  
  • It identifies what acts constitute “atrocities” and all offences listed in the Act are cognizable. The police can arrest the offender without a warrant and start an investigation into the case without taking any orders from the court.  
  • The Act calls upon all the states to convert an existing sessions court in each district into a Special Court to try cases registered under it and provides for the appointment of Public Prosecutors/Special Public Prosecutors for conducting cases in special courts.  
  • It creates provisions for states to declare areas with high levels of caste violence to be “atrocity-prone” and to appoint qualified officers to monitor and maintain law and order.  
  • It provides for the punishment for willful neglect of duties by non-SC/ST public servants.  
  • It is implemented by the State Governments and Union Territory Administrations, which are provided due central assistance.

What is Section 3 (1) of SC/ST Act?

• Section 3 (1) of the SC/ST Act lays down the following offences:

• It is to be noted that prior to amendment dated 26th January 2016, Section 3 (1) (x) laid down: 
  • The offence involves intentionally insulting or intimidating a member of an SC or ST. 
  • This would be committed by a person who is not SC/ST 
  • The above alleged act must have been committed in some place within the public view. 
  • The offender can face imprisonment for at least six months, up to five years, along with a fine.