No case is made out against a person who unknowingly passes a remark against a person of SC/ST category under section 3 (2) (5).
A case under this Act can only be made out when a person passing such remarks knows that other person belongs to SC/ST category.
This order has been passed by Justice Prashant Kumar of the Allahabad high court on a petition filed by Alka Sethi’s counsel Avneesh Tripathi, government counsel and opposition lawyers.
The court has said, SC/ST Act was enacted to give protection to the weak from harassment and not for misuse by people who try to use it for revenge or to protect themselves.
The supreme court in the case of Bhajan Lal has issued guidelines under section 482 of CRPC.
