PATEL LILABHAI HIRABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE question therefore which requires to be considered is whether the following words proved to have been uttered by the accused while addressing the complainant when he was reading a newspaper in a public place viz. a public library amount to an offence within the meaning of sec. 7 (1) (b) and sec. 7 (1) (d) of the Civil Rights Act. THE words are Now translated into English it would read Sale Dheda keep away you have polluted us. Sala in Gujarati in the context in which it is used is a word of insult and abuse and conveys a meaning akin to rascal. THEre cannot be any dispute that the word Dheda not only refers in a derogatory sense to the community of the complainant who is a Harijan that is a member of the scheduled caste but it is also a word expressing contempt towards a member of the community to whom it is addressed denoting hatred for the community whose members are considered untouchables. THE next two words command the complainant to keep away. That means he should not mix with and touch anyone of the high-class Hindus and this is amply borne out by the next two words which show a sense of disgust at the action of the complainant in sitting and reading a newspaper at the public library along with other members of high-class Hindus because the words used are you have polluted us. THEse words uttered by the accused therefore taken in the circumstances in which they were uttered bearing in mind the party to whom they were addressed viz. a member of the scheduled caste and the place where they were used viz. a public place used as a library do show that by these words the accused not only injured or annoyed but obstructed or attempted to obstruct the complainant in exercise of his constitutional rights arising under Article 17 of the Constitution of India which Article in terms lays down that untouchability is abolished and its practice in any form is forbidden and that enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law. THEre cannot be any doubt that the conduct of the accused in addressing the complainant using the objectionable words quoted above would attract the provisions of sec. 7(1)(b) and sec. 7(1)(d) of the Civil Rights Act which read thus 7 (1) Whoever