Dear client, you claim file a complaint on that lady for abusing and demeaning you on your caste basis. In India, intentionally insulting or intimidating a member of a Scheduled Caste (SC) or Scheduled Tribe (ST) in public view is punishable with imprisonment for at least six months and up to five years, as well as a fine. You have to file a case under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
My neighbour is abusing me
Dear Sir, I have purchased a 3 BHK Villa in Chennai 3 years back. Its a gated villa community of 19 houses. This builder has promoted this house in Dubai and out of 19 houses 18 owners are from Dubai. We were the first occupants at that time so my kids (14 & 7 years old) used to play cricket. Later one villa right side opposite came as occupant and from day one she is abusing my kids while playing and calling the police. Then I went to talk to her for a truce, but during the conversation, she mentioned me as a LOCAL, low caste person, how come you buy a house in this community, then I understood her intention and I was angry with my kids and not allowing them to play. Later if my kids plays she started calling the police and my wife and her got to fight. She recorded the videos of my wife and shown to police that my wife is abusing her. Then later police interfered and made a compromise. During one day she voluntarily made the fight and filed case against me and my wife of abusing her. We got bail and we are living here for the past 1 year without any dispute. Unfortunately, I have selected as association secretary and I was handling efficiently our villa as a peaceful place. everyone happy and living here. last week, this lady again posted the old videos of my wife and abused with voice messages that we are acting, we are troubled her 3 years back and edited the videos of my wife when she speaks badly and removed her videos. And in the same audio, she false aligates me that I am still abusing her and shared the old incident (3 years) which is in court finally she said that I had to remove the garbage from my house and civilized myself and my family and culture myself and my family, she said all this in Residents and Owners group of around 35 people in this group. Myself or my wife or any of the members didn't react to her messages. So, I asked my wife to lodge a complaint in the nearest police station and now they enquired with that lady and found she was guilty and now they have given CSR to my wife. On the other hand, I have literally in mind pressure as she always talks me as low caste, local, and noncivilized, for your information I am from the SC community, but I have did engineering and completed MBA, and working a National Head for an MNC. But still, she abuse me that I am local, non-civilised I don't know why. is it possible I can raise a separate case against her? Need your advice on this. Thank you. Anbumani Manoharan
Asked 8 months ago in Criminal Law
Religion: Hindu
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13 Answers
You have a protection in the legal system. You one single police complaint will land her in trouble. That she used caste related words against you in public.
Dear Sir, thank you very much for your reply. I dont have the records of her abusing me about the caste, she always abuse me when i am alone and whenever i went to talk to her, once in front of my neighbour and he also ready to give testament if necessary. She abused 2 days before in our whatspp group that before making this villa community clean, go and clean your house garbage, get cultured and get civilized first, this is still in voice message in the group. Is this enough as evidence if i am complaining in SC act. Kindly clarify. Thank you.
Asked 8 months ago
Whats app is public domain and strong proof of caste abuse.
Just go ahead and file police complainant.
you can file case against her for calling you a low caste person
2)
n Manju Devi v. Onkarjit Singh Ahluwalia @ Omkarjeet Singh, AIR 2017 SC 1583 the complainant had alleged that the accused abused her and her family members of their caste by calling them ‘Harijans and Dhobis’. The court held,
The use of the word ‘Harijan’ ‘Dhobi’ etc. is often used by people belonging to the so-called upper castes as a word of insult, abuse and derision. Calling a person by these names is nowadays an abusive language and is offensive. It is basically used nowadays not to denote a caste but to intentionally insult and humiliate someone. We, as a citizen of this country, should always keep one thing in our mind and heart that no people or community should be today insulted or looked down upon, and nobody’s feelings should be hurt.
3) all insults or intimidation would not be an offence under the Act unless such insult or intimidation is on account of the victim belonging to SC or ST. The court concluded that “it has to be held that all insults or intimidation do not make out an offence under the Act unless it is directed against the person on account of his caste.”
you should record her abuses
By taking the caste name or utterances of abuse by taking the name of one’s caste would not be an offence under the Section 3(1)(x) of the SC&ST (PoA) Act unless the intention is to insult, intimidate the person being a SC or ST.”
the abuses should be in public view
using words
go and clean your house garbage, get cultured and get civilized first, is abusive
file case against her
Dear Sirs, thank you very much for your guidance. Since last week our family particularly my wife was upset about her videos on the public forum. Now police also gave the CSR about our complaint, shall we post this CSR copy in the same WhatsApp group to inform everyone that we have taken action against a false and abusive against the neighbor lady? Is that an offense or is it not legal? My wife wants this to happen because she tarnished her image in this community, in fact, we have started thinking of selling the house and leaving the place. Thank you once again.
Asked 8 months ago
1) just post in whats app group that police complaint has been filed against the abusive lady
2) dont post copy in whats app group
Provide copy of CSR to secretary of society and ask him to remove her from the what's app group.
You record evidence against her whenever she indulges in hurling abuses and also calls you by caste after which you file a complaint against her with the police under ST /ST protection Act.
The police can book a complaint under section 3(1)(ii) of the The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which reads thus:
1. Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe -
(ii)insult or annoyance to any member of a Scheduled Caste, or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighborhood;Intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonor or outrage her modesty;
denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to xv. forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
You can give a complaint by yourself or through your wife for all such atrocities.
The said allegations are clear acts of insult and defamation besides her unruly behavior especially using the caste name.
In fact this can be an evidence for police complaint because this being circulated among the members of the gated community, which is more than enough for the acts of insult and other acts as provided in the act.
You secure the evidence available with you and proceed with the complaint as suggested
You don't indulge in a similar action like her because the one what you intend to do will be an evidence against you.
The police have given only CSR and it is not a FIR.
Wait for the police to complete the investigation , register FIR against her after which you can follow up the case trough police and court ensure she is punished as per law.
The entire society members know that this is a false propaganda made by her hence ask your wife not to be upset over this and let she be normal in her routine activities.
The group whats app are generally being misused by many such unruly and rogue members everywhere, hence don't take it very serious.
Dear client, if there is an evidence you can file a complaint on her. As you are having the testment of your neighbour it can be a valid case to file a complaint.
Yes, your wife can post that CSR copy in the what's app group.
- As per the Orissa High Court in the matter of Surendra Kumar Mishra versus State of Orrisa , Abusing and name calling by using the caste of a person, is an offence under the The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ,which states that intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view is an offence , and shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
- Hence, the said acts of the lady is against the law, and a complaint can be filed before the police and SDM against her under the offence as mentioned above.
- Further, as per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,
- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.
- You have a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect you.
- Your mentioned details are amounts to Defamation, and a criminal case can be filed against her
- You can also file a civil defamation case, for claiming compensation as well.
You can file FiR or Nc depending on the offence
