The provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, appear to be vague in this regard.
The definition of “victim” in Section 2 of the said Act appears to be including the relatives of a member of SC/ST within its fold, and no qualifying words have been used while referring to relatives:
“(ec) “victim” means any individual who falls within the definition of the “Scheduled Castes and Scheduled Tribes” under clause (c) of sub-section (1) of Section 2, and who has suffered or experienced physical, mental, psychological, emotional or monetary harm or harm to his property as a result of the commission of any offence under this Act and includes his relatives, legal guardian and legal heirs;”
However, while defining the offence of atrocity under Section 3 of the said Act, the word “victim” is not used therein and rather the offence is defined with reference to any act committed against a member of SC/ST. Therefore, if one goes by Section 3, then the offence can be said to have been committed only if the act is committed against a member of the SC/ST only (the word “relatives” is not used here).
However, certain other rights have been given to the “victim” (which includes the relatives of a member of SC/ST, as mentioned above). For example, see Section 15-A of the Act, which gives rights such as their protection and various other rights.
From what is mentioned above, in my opinion, it appears that you (belonging to general category) can file a complaint under SC/ST Act against the other general category woman who is hurling caste abuses, only if the target is your husband who is from SC category, i.e., if the caste abuses are hurled at your husband who is a member of SC/ST.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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