The Punjab and Haryana High Court has ruled that using the word “mazhabi” in an abusive or derogatory manner amounts to caste-based humiliation and falls under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Justice Manisha Batra made the observation while hearing a plea for anticipatory bail filed by a senior officer at the Mohali Forensic Science Laboratory. The officer was accused of abusing a complainant in the name of her caste inside her office room, in the presence of three other staff members, all of whom reportedly belonged to Scheduled Castes.
“The term ‘mazhabi’ when used in an abusive or derogatory sense, it certainly amounts to an attack upon the dignity of an individual in the name of his/her caste,” Justice Batra said.
The court noted that Mazhabi Sikhs in Punjab are historically Dalit communities, largely descendants of marginalised groups who embraced Sikhism, and are recognised as Scheduled Castes in the state.
Justice Batra further remarked: “It is well settled that the use of a caste name, when employed with the intent to insult or humiliate a person belonging to a Scheduled Caste, particularly in a place within public view, attracts the provisions of the Act, 1989.”
Rejecting the officer’s plea, the court held that a prima facie case had been made out under the SC/ST Act. “If a prima facie case for commission of offences under the provisions of the Act is not made out, anticipatory bail can be granted. However, this does not appear to be the position in this case,” the order stated.
The court upheld the Mohali Additional Sessions Judge’s earlier finding that there were sufficient grounds to invoke the Act, dismissing the request for anticipatory bail.
