Use of Harijan is abusive, says Supreme Court

New Delhi: “We, as citizens of this country, should always keep one thing in our mind and heart that no people or community should be insulted or looked down upon, and nobody’s feelings should be hurt,” the Supreme Court said in a landmark order on Friday.

Giving this ruling while quashing the order granting anticipatory bail to the accused Omkarjit Singh Ahluwalia and two others who insulted a Scheduled Caste woman, a bench of Justices R.K. Agrawal and Ashok Bhushan said, “The use of the word ‘Harijan’ ‘dhobi’ etc., is often done by people belonging to the so-called upper castes as words of insult, abuse and derision.”

The bench said calling a person by these names is nowadays an abusive language and offensive. It is used not to denote a caste but to intentionally insult and humiliate someone. Exhorting citizens to respect the feelings of SCs, the bench said the Constitution of India abolished “untouchability”.

Further in view of the social attitudes which lead to the commission of such offences against SCs and STs, there is every likelihood of them misusing their liberty while on anticipatory bail to terrorise their victims and to prevent a proper investigation.

Writing the judgement Justice Agrawal said such offences are committed to humiliate and subjugate members of SCs and STs with a view to keeping them in a state of servitude.