Observing that untouchability, including denial of entry into temples, is, unfortunately, persisting in rural areas despite its abolition, the High Court of Karnataka has declined to quash a criminal case registered against eight persons belonging to different ‘upper’ castes for preventing a Scheduled Caste (SC) family from entering a temple and assaulting them.
“Although temples are seen to be symbols of unity and inclusivity, denial of rights of temple entry and worship to persons belonging to SC and Scheduled Tribe communities, still looms large. This attitude of the petitioners is undoubtedly regressive for they have denied entry into a temple, only on the score that the complainant and her family belong to a Scheduled Caste,” the court observed.
Justice M. Nagaprasanna passed the order while rejecting the petition filed by Panduranga Bhat, 70, Usha, 68, Sharadha, 40, Vilas Ladva, 50, Venkata Narayana, 67, Chidananda, 63, Ravi, 55, and Uma, 63, all residents of different localities in Harihar, Davangere district. The petitioners belong to Brahmin, Lingayat, Pattegar, and Kamma communities, it was stated in the chargesheet.
The petitioners had questioned the legality of registration of the case against them in 2016 under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 354B (assault or use of criminal force to woman with intent to disrobe) and other provisions of the Indian Penal Code.
‘A needle in the haystack’
The court said that in a large number of petitions, the High Court has quashed several cases registered under the SCs/STs (PoA) Act with an observation that “searching for a case where a member belonging to SCs or STs has actually suffered abuses was like searching for a needle in the haystack.”
However, “the present case is clearly a needle in the haystack, as the abuses [against members of the SC community] and the allegations are all prima facie found and therefore, no interference is called for,” observed Justice Nagaprasanna.
Background
The case was registered based on a complaint lodged by one Savithramma, a resident of Vinayaka Nagar camp, Harihar. It was stated in the complaint that she along with her husband and seven-year-old son and other villagers went Gadi Chowdeshwari temple, Vinayaka Nagar camp, Kumbaluru, Harihar, on September 17, 2016. However, the petitioners stopped them at the entrance of the temple, insulted them by their caste, and assaulted them when they insisted that they want to offer prayer to the deity.
Rejecting the petitioners’ contention that the incident did not occur in public place or public view and hence provisions of the SCs/STs (PoA) Act cannot be invoked against them, the High Court said that as the incident took place outside the door of the temple, it is certainly a public place or place of public view hence contains necessary ingredients of Section 3(1)(s) and (r) of the Act for intentionally insulting and abusing members of the SC community in a place within public view.
“Deity in the temple cannot even be imagined to be belonging to a few. Worshipping of the deity, by entering into the temple, is to be given to one and all. Any kind of bigotry or discrimination is unacceptable. Trial in such cases cannot be interdicted,” the court observed.
