Introduction
In the controversy involving Munmun Dutta, several legal provisions and sections of Indian law. In the case of Munmun Dutta’s controversy, her remarks were perceived as offensive and casteist, potentially violating various legal provisions outlined above. However, it’s essential to note that legal action may vary depending on factors such as the intent behind the remarks, the context in which they were made, and the extent of harm caused. In this case, the focus was primarily on social media backlash and public condemnation, leading to an apology from Dutta and scrutiny from the National Commission for Scheduled Castes.
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The controversy
Taarak Mehta Ka Ooltah Chasmah actor Munmun Dutta, who plays the role of Babita ji, has reportedly been booked under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for using a casteist slur in a video. The FIR was registered at Hissar, Haryana by Dalit rights activist Rajat Kalsan.
In a video, Munmun talked about her make-up and used the casteist slur to remark that she didn’t want to look like them. After several people on social media called her out for the same, she issued an apology statement. The statement read, “This is in reference to a video that I posted yesterday where in one word used by me has been misinterpreted. It was never said with the intent of insult, intimidate, humiliate or hurt anyone’s feelings. Because of my language barrier, I was genuinely misinformed about the meaning of the word. Once I was made aware of its meaning I immediately took the part down. I have utmost respect for every single person from every caste, creed or gender and acknowledge their immense contribution to our Society or nation,” she added.
In the controversy involving Munmun Dutta, several legal provisions and sections of Indian law were relevant:
Constitutional Provisions: The Indian Constitution prohibits discrimination on the basis of caste and guarantees equality before the law to all citizens. Articles 15 and 17 specifically address discrimination on grounds of caste, with Article 15(2) prohibiting discrimination on grounds of religion, race, caste, sex, or place of birth, and Article 17 abolishing untouchability.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This Act, commonly known as the SC/ST Act, aims to prevent atrocities against individuals belonging to Scheduled Castes and Scheduled Tribes. It outlines various offenses, including using derogatory language, and prescribes punishments for such offenses.
Criminal Law (Amendment) Act, 2013: This Act introduced amendments to the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) to strengthen laws against sexual offenses and other crimes. It also includes provisions related to hate speech and derogatory remarks that may incite hatred or violence against certain communities.
Indian Penal Code (IPC): Several sections of the IPC are relevant in cases involving hate speech or offensive remarks. Section 153A deals with promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. Section 504 deals with intentional insult with intent to provoke breach of the peace, and Section 505 deals with statements conducing to public mischief.
What is Article 15 of the Constitution of India?
In India, Article 15 protects citizens from racism, untouchability, and various forms of discrimination based on religion and gender. In India, caste discrimination is the type of discrimination that is most prevalent. Discrimination and untouchability are a result of caste division. Untouchability is now an offence in India; however, in some areas due to a lack of legal awareness and caste beliefs, people still face untouchability. It is assumed that those born in lower castes are considered lower than those born in higher castes, and this leads to discrimination against them. Such discrimination is described as an offence in Article 15 and those found guilty of the offence are punished. In order to facilitate the economic advancement of the socially and economically backward sections of India’s citizens, the Constitution of India provides reservations to the Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
Interestingly, in 2019, the Central Government introduced the 124th Constitution Amendment Bill (2019) in Parliament in order to provide reservations to economically weaker sections (EWS). The bill was intended to provide a 10% reservation in higher education and government employment to EWS. Consequently, the Constitution (One Hundred and Third Amendment) Act, 2019 was passed and thus, Article 15 was amended to include clause (6). This was done to provide equal opportunity to EWS, as they had been disadvantaged economically and socially due to pre-independence discrimination and difficulties.
Article 15 (4): Special provision for SEBCs, or SCs & STs
Article 15(4) of the Indian Constitution allows the State to make special provisions for the advancement of socially and educationally backward classes of citizens, Scheduled Castes, and Scheduled Tribes. This provision overrules any potential conflict between the fundamental right against discrimination and any affirmative action programs implemented by the government to address historical social and educational disadvantages.
This means that the State can implement programs, policies, and laws that provide preferential treatment to disadvantaged communities based on their caste, tribe, or economic status, without violating the anti-discrimination provisions of Article 15(2) or Article 29(2).
These provisions can include reservations in education, employment, and political representation, as well as other programs aimed at addressing social and educational inequalities faced by these groups.
The aim of such special provisions is to help these communities to have access to opportunities and resources that were denied to them in the past, and to bring them to par with the rest of society.
In the case of the State Of Madras v. Srimathi Champakam (1951), the government of Madras issued an order that allocated seats in medical and engineering colleges based on the caste and community of the students.
However, the seven-judge bench declared that the order was against Clause (1) of Article 15 of the Constitution of India, which provides that no citizen shall be discriminated against on grounds of religion, race, caste, sex, place of birth or any of them, in access to educational institutions maintained by the State or receiving aid out of State funds.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
As India undergoes a rapid growth and prosperity phase, it is allowing all sections of society the chance to envision, create, and increase the standard of living of their communities. The Scheduled Castes and Tribes have emerged as one of the most progressive communities of Indian society due to their educational, economic, and social empowerment. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act) has prevented a wide range of offences against the Scheduled Castes and Tribes. These special courts (established under the Act) work to protect the rights and privileges of the victims and assist them in receiving relief.
Objectives and purpose of the SC and ST Act, 1989
Scheduled Castes and Scheduled Tribes in the state and union territories are defined in Article 342(1) and Article 366(25) of the Indian Constitution as a special category of tribe or community as and whenever declared by the President. The following are the objectives and the purpose of the Act:
- The Act is the primary legislation aimed at preventing the occurrence of crimes against Scheduled Castes and Scheduled Tribes.
- According to the Act, Special Courts and Exclusive Special Courts shall be established for the purpose of trying individuals charged with such atrocities.
- As per the Act, funds are provided for their free rehabilitation, travel expenses, and maintenance expenses, with officers empowered to ensure that the act is appropriately implemented.
- Additionally, the Act sets out to make the Dalits an integral part of society and to protect their rights when crimes threaten to violate their social, economic, democratic, and political rights.
- The Act works to prevent deprivation and assists marginalized communities in avoiding it.
The Act introduces new types of offenses not covered under existing laws and specifies that atrocities can only be committed against SCs and STs by individuals who are not from these communities. It defines 37 offenses that involve patterns of behavior inflicting criminal offenses and breaking the self-respect and esteem of the SCs and STs community.
Additionally, the Act mandates the establishment of monitoring mechanisms at various levels, including State Vigilance and Monitoring Committees and District Monitoring and Vigilance Committees, to oversee the implementation of the Act and address grievances.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, complement the Act by providing relief and rehabilitation norms for affected communities. These rules mandate preventive measures by state governments, investigation of offenses within 30 days, establishment of protection cells at police headquarters, appointment of nodal officers at state and district levels, and provision of immediate relief to victims according to prescribed norms.
Conclusion
While, Munmun Dutta, arose from her use of a casteist slur during a social media video. She faced legal action under the SC/ST Act, 1989, after a Dalit rights activist filed an FIR against her. Dutta issued an apology, citing a misunderstanding of the term’s meaning. Relevant legal provisions include constitutional articles prohibiting discrimination, the SC/ST Act aimed at preventing atrocities, and IPC sections addressing hate speech. Article 15 of the Indian Constitution prohibits discrimination based on caste and provides for reservations to disadvantaged communities. The SC/ST Act aims to protect the rights of marginalized communities and prevent offenses against them. Additionally, special provisions allow for affirmative action to address historical disadvantages. The Act defines offenses against SCs and STs and mandates monitoring mechanisms. The controversy underscores the importance of upholding constitutional principles and enforcing laws to protect the rights of marginalized communities in India.
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