Chandigarh, September 27: The Punjab and Haryana High Court has ruled that using the term “mazhabi” in an abusive or derogatory manner amounts to a direct attack on an individual’s dignity based on caste, falling within the scope of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Justice Manisha Batra, presiding over the case, observed, “The term ‘mazhabi,’ when used in an abusive or derogatory sense, certainly amounts to an attack upon the dignity of an individual in the name of his/her caste.”
The bench was informed that the appellant, a senior officer at the Mohali Forensic Science Laboratory, allegedly abused the complainant using caste-based language in her office, in the presence of three other staff members. The complainant and the staff members were reportedly from the Scheduled Caste category.
Justice Batra emphasized, “It is a well-settled proposition of law that the use of a caste name, when employed with the intent to insult or humiliate a person belonging to a Scheduled Caste, particularly in a place within public view, attracts the provisions of the Act, 1989.”
The court also noted the historical context, stating that Mazhabi Sikhs in Punjab are “historically Dalit communities, largely comprising descendants of those who embraced Sikhism from marginalized groups; they are recognised as a Scheduled Caste in Punjab.”
Rejecting the appellant’s plea for anticipatory bail, Justice Batra said a prima facie case under the Act was established. “It is well settled that if a prima facie case for commission of offences under the provisions of the Act is not made out, anticipatory bail can be granted. However, this does not appear to be the position in this case,” she added.
Before concluding, the court noted that the Mohali Additional Sessions Judge had not erred in dismissing the plea, affirming that a prima facie case under the SC/ST Act was made out.
