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ARUMUGAM SERVAI vs. STATE OF TAMIL NADU

SCR Citation: [2011] 5 S.C.R. 488
Year/Volume: 2011/ Volume 5
Date of Judgment: 19 April 2011
Petitioner: ARUMUGAM SERVAI
Disposal Nature: Appeal Dismissed
Neutral Citation: 2011 INSC 313
Judgment Delivered by: Hon'ble Mr. Justice Markandey Katju
Respondent: STATE OF TAMIL NADU
Case Type: CRIMINAL APPEAL /958/2011
Order/Judgment: Judgment
1. Headnote

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - s.3(1)(x) - Complainants-PWs 1 and 2 belonged to "Pallan,. caste, a Scheduled Caste in Tamil Nadu - Altercation between them and accused-appellant -Appellant insulted PW1 by calling him a "Pallapayal" and thereafter the appellants caused injuries to both PW1 and PW2 - Conviction of appellants by courts below- Justification of - Held: Justified - The word 'pal/an' no doubt denotes a specific caste, but it is also a word used in a derogatory sense to insult someone - Even calling a person a 'pallan', if used with intent to insult a member of the Scheduled Caste, is, an offence u/s.3(1 )(x) - To call a person as a 'pallapayal' in Tamilnadu is even more insulting, and hence is even more an offence - Similarly, in Tamilnadu there is a caste called 'parayan' but the word 'parayan' is also used in a derogatory sense - The word 'paraparayan' is even more derogatory - Uses of the words 'pallan', 'pallapayal' 'parayan' or 'paraparayan' with intent to insult is highly objectionable and also an offence under the SC/ST Act - It is just unacceptable in the modem age - The appellants behaved like uncivilised savages, and hence deserve no mercy.

Scheduled Castes and Scheduled Tribes - Prevention of atrocities - Two tumbler system prevalent in State of Tamil Nadu - Separate tumblers for serving tea or other drinks to Scheduled Caste persons and non-Scheduled Caste persons in tea shops and restaurants - Held: This is highly objectionable, and is an offence under the SC/ST Act, and hence those practicing it must be criminally proceeded against and given harsh punishment if found guilty.

Honour Killings - 'Khap Panchayats (known as Katta Panchayats in Tamil Nadu) - Institutionalised crime on boys and girls of different castes and religion, who wish to get married or have been married, and interference with the personal lives of people - Held: This is wholly illegal and has to be ruthlessly stamped out - There is nothing honourable in honour killing or other atrocities and, in fact, it is nothing but barbaric and shameful murder - Hence, administrative and police officials directed to take strong measures to prevent such atrocious acts.

2. Case referred
3. Act
  • Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act, 1989 (33 of 1989)
4. Keyword
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
  • 1989 - s.3(1)(x) - Complainants-PWs 1
5. Equivalent citation
    Citation(s) 2011 AIR 1859 = 2011 (6) SCC 405 = 2011 (6) Suppl. SCC 405 = 2011 (4) JT 300 = 2011 (4) Suppl. JT 300 = 2011 (4) SCALE 756