2 held guilty of casteist slur against groom

Dismissing all arguments by the accused, a Delhi court has convicted two persons under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for preventing a man belonging to the Jatav community from riding a baggi during his wedding ceremony in 2014.

The complaint lodged by the family of the bridegroom stated that the accused persons, Jitender Dagar and Dharmender Dagar, dragged the bridegroom down from the carriage and passed casteist slurs against him stating that “...dhed [a derogatory reference to Scheduled Castes] baggi par chadhkar baarat chadhaoge [will you now ride a baggi to the bride's home]”.

The bridegroom, along with the baraatis, had come from Karawal Nagar and gathered at Harijan Chaupal in Maidan Garhi in north-east Delhi before moving towards the bride’s house.

As the bridegroom rode the baggi, one of the accused came and caught hold of the rein and dragged the carriage, while the other accused caught the groom by his collar, pulled him down and beat him.

When the groom’s family countered them, the accused persons ran away from the spot.

Later, the wedding procession proceeded to the bride’s house and the marriage was solemnised under police protection.

Additional Sessions Judge Ajay Kumar Jain held the two accused guilty on the basis of evidence, among others, by the complainant and the groom.

The groom in his evidence said that “when he sat on marriage rath to proceed towards the house of bride, a man came and caught hold of the lagaam [rein] of the horse and dragged the carriage. In the meanwhile, another person also came, caught hold of him, dragged him down and hurled caste remarks “...tumhari itni himmat ki tum hamare samne rath par baithkar baarat chadaoge’’ at him”.

The accused persons in their defence took the plea that they had been implicated as their sister had lodged a case against the complainant.

Court rejects defence

Dismissing their defence and holding them guilty, the judge said, “Section 3(1)(x) SC/ST Act categorically states that whoever not being the member of a Scheduled Caste or Scheduled Tribe Category intentionally insults or intimidates with intent to humiliate a member of Scheduled Caste or Scheduled Tribe in any public place with any public view shall be punishable for a term which shall not be less than six months, which may extend to five years with a fine. The ingredients of these offences are clearly proved as discussed through the testimony of the groom, complainant, and three baraatis and relatives of the groom.”

“Hence, accused are convicted for commission of offence under Section 3(1)(x) SC/ST Act 1989 and 323/341/34 IPC,” the judge said.