Archive · 29 Dec 2025
Calcutta High Court Rules Caste Abuse Over Phone Not Under SC/ST Act
The Calcutta High Court recently decided that if someone uses caste-based abusive words over the phone, it doesn't fall under a special law meant to protect certain communities.
This law, called the SC/ST Act, is meant to prevent atrocities against Scheduled Castes and Tribes.
The court said that for this law to apply, the abuse must happen in public view.
In this case, the abuse was over the phone, so the court said it doesn't count.
The person who was accused of this abuse was allowed to surrender to the court and ask for regular bail within four weeks without being arrested during this time.
The court also mentioned that other charges in the case were bailable.
It's important to note that other courts in India have different views on similar cases.
For example, the Punjab and Haryana High Court recently said that caste-based hate speech harms the country, while the Telangana High Court said a dispute that was private in nature shouldn't be treated as a criminal case under the SC/ST Act.
The Calcutta High Court ruled that caste-based abuse over a phone call does not fall under the SC/ST Act as it was not in 'public view'.
Nurul Aras, the accused, was granted anticipatory bail for four weeks and directed to surrender and seek regular bail within that period.
The court noted that other charges mentioned in the FIR were bailable.
Advocate Kunal Ganguly argued that the abuse was not in public view and thus did not meet the criteria for the SC/ST Act.
The Punjab and Haryana High Court recently emphasized the harm of caste-based hate speech, while the Telangana High Court quashed proceedings under the SC/ST Act in a private dispute case.
- Who
- Nurul Aras, the accused, and Justice Jay Sengupta, the presiding judge
- What
- The Calcutta High Court ruled that caste-based abuse over a phone call does not fall under the SC/ST Act
- When
- The decision was made on December 22, 2023
- Where
- Calcutta High Court, India
- Why
- The court found that the abuse was not in 'public view', a requirement for the SC/ST Act to apply
- Act
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Sections
- 3(1)(r) and 3(1)(s)
- Accused
- Nurul Aras
- Court
- Calcutta High Court
- Judge
- Justice Jay Sengupta
- Bail Duration
- 4 weeks