SC Refuses To Entertain Plea Challenging Centre's Circular Against Use Of Term 'Dalit' By Media

Judiciary Feb 18, 2019 Editor : Shreya Bansal 0 Shares

The Supreme Court today (February 18, 2019) refused to entertain a plea challenging the Constitutional validity of a circular issued by the Ministry of Information and Broadcasting to ban the usage of the word ‘Dalit’ by media while referring to members of the Scheduled Caste.

Also Read - All Insults Not Offence Under SC/ST Act, 1989: Supreme Court

A Bench headed by Chief Justice Ranjan Gogoi and comprising of JusticeSanjiv Khanna was hearing a batch of petitions filed by individuals and organisations working in the field of protection and promotion of the cause of Dalits.

In the plea, the petitioners had contended that the circular is arbitrary, irrational, unreasonable, discriminatory and contrary to Articles 14, 15, 19 and 21 of the Constitution of India as it violates the rights of the Scheduled Castes to determine and express their own identity. Further, it was also submitted that by erasing the term ‘Dalit’ from public debate, is creating a false impression that the term itself is derogatory.

Also Read - PCO Moves SC Seeking Appointment of Full-Term Chairperson and VC of the National Commission for SC/STs, points out UP Commission has been without a Chairperson for over 10 months

Moreover, referring to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989, the petitioners had contended that the “Impugned Circular seeks to circumvent the legislative mechanism that already exists for adjudication of such issues.”

The ministry, by a circular dated August 7, 2018, had advised the media to refrain from using the nomenclature “Dalit” while referring to members belonging to Scheduled Caste and directed to use appropriate translation in other national languages for all official transaction, matters, dealings, certificates etc. for denoting the persons belonging to the Scheduled Castes.

The circular was issued pursuant to an order of the Bombay High Court dated June 6, 2018, wherein the court asked the ministry to consider issuing a directive in this regard to the media.

All Insults Not Offence Under SC/ST Act, 1989: Supreme Court

Judiciary Nov 06, 2020 Richa Shah ( Editor: Ekta Joshi ) 97 Shares

On Thursday (5th November 2020), the Supreme Court said in a judgment that all insults or intimidations to persons belonging to Dalit or tribal communities will not be an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989The court said that an offence is made out under the statute only if the insults or intimidations were made on account of the victim belonging to Scheduled Caste or Scheduled Tribe.This was said by a bench of three judges headed by...

Read full post

PCO Moves SC Seeking Appointment of Full-Term Chairperson and VC of the National Commission for SC/STs, points out UP Commission has been without a Chairperson for over 10 months

National Commissions for Scheduled Castes and Scheduled Tribes

Executive Oct 12, 2020 Parul Singhal ( Editor: Ekta Joshi ) 3 Shares

The People’s Charioteer Organization has moved to the Supreme Court seeking appointment of full-term Chairman, Vice-Chairman and other members of the National Commissions for Scheduled Castes and Scheduled Tribes under Article 338 of the Constitution. Article 338 and 338A of the Constitution of India guarantees provisions to protect and safeguard the rights of the SC/ST community by contemplating the establishment of the two commissions. The petition has been filed by the...

Read full post