KOCHI: High Court has said that despite the existence of protective provisions in the Constitution and laws, discrimination and exclusion against Scheduled Castes have not been eradicated. Justice V.G. Arun clarified that the circumstances and background are important while deciding on a complaint of insult or threat to members of the Scheduled Castes and Scheduled Tribes.
The High Court said this in an order dismissing the petition filed by Thalayolaparambu Keezhoor DB College Principal Dr. C.M. Kusuman against the case registered by the Velloor police under the Prevention of Atrocities against Scheduled Castes Act. It is alleged that Dr. C.M. Kusuman made casteist remarks against an assistant professor in 2022. The case is under consideration by the Kottayam Sessions Court. The High Court dismissed the petition, stating that a 'mini-trial' and a close examination of the documents could not be conducted.
Don't forget history
The High Court said that it should be examined whether the remarks made by the petitioner were aimed at insulting or intimidating the complainant on the basis of caste. However, while deciding this matter, it should not be forgotten that the Scheduled Castes in India have faced violence, untouchability, exclusion and humiliation rooted in the centuries-old caste system. They were denied access to natural resources, land and education. Only those who have experienced it can understand the pain - the court said.