Khushi Doshi
Published On: February 22, 2022 at 17:25 IST
The Punjab and Haryana High Court recently denied a Petition seeking the dismissal of a FIR filed against cricketer Yuvraj Singh in Hansi, Haryana, for using the word “Bhangi” during an Instagram live.
Singh was charged with violating Sections 153A and 153B of the Indian Penal Code, as well as Section 3(1)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989.
Justice Amol Rattan Singh noted that the offences punishable under Sections 153-A and 153-B of the IPC were not committed by Singh, even on the surface. However, when it came to whether the offences under Sections 3(1)(u) and 3(1)(s) of the SC ST (Prevention of Atrocities Act), 1989 had been committed, it held that the investigation agency had to complete its investigation and reach its own conclusion.
The Complainant, an advocate and social activist, saw the video and filed a FIR in Haryana’s Hansi district, claiming that because the petitioner is a well-known cricketer adored by millions, the use of such a derogatory term has insulted the entire Dalit community. This was followed by the current petition, which seeks to vacate the said FIR by invoking Section 482 of the Criminal Procedure Code.
The High Court then stated that because the conversation took place on social media and could have been viewed anywhere in the world, any person who was harmed by the conversation had the right to file a complaint under Sections 179 and 156 of the Indian Penal Code.
Further stating that while the intention of the user of the word may not be so, if the result is to cause indignities/humiliation to any member of a scheduled caste, then the intention becomes significant considering the objectives of the SC ST (Prevention of Atrocities) Act, 1989, the Court partly allowed the petition seeking quashing of FIR, as offences under Section 153A and Section 153B of Indian Penal Code were not made out, but offences under SC ST (Prevention of Atrocities) Act, 1989 shall still be investigated.
