Karnataka HC refuses to quash proceedings under SC/ST Act against 8 persons who stopped a family from entering temple

The counsel for the eight accused argued that even if any abuses had been hurled, it would not attract the relevant section as it was within the temple walls and not a public place. It was also argued that it was a case of vengeance as one of the accused had filed a civil suit against a member of the complainant family, among others.

The prosecution argued against this, asserting that the actions of the accused fell within the relevant section, and further, despite the case and chargesheet being registered in 2016, the petitioners had only now approached the court.

The judge observed, “It is not a case where the petitioners did not know to which caste the complainant and her family belonged to. They are fully aware of it. Being fully aware of the caste of the complainant and her family, they were stopped from entering the temple only because they belonged to the said caste and abuses were hurled outside the temple. If this cannot be construed to be a place of public view or even a public place, I fail to understand what else could be.”

The bench added, “It is rather unfortunate that despite constitutional abolition of any form of untouchability, it still remains and persists in rural areas of the nation. Although temples are seen to be symbols of unity and inclusivity, denial of rights of temple entry and worship, to persons belonging to scheduled castes and scheduled tribes, 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 scheduled caste. This discrimination should stop, and stop forthwith. The fact that it is still prevailing shocks the conscience of the court.”

The court then rejected the petition and ordered the proceedings to be completed in six months.