SITA DEVI Vs. STATE

JUDGEMENT

(1.) A complaint has been filed by Sri Chandra Shekhar, 1st Judicial Magistrate, Ballia on 25-12-1978 against the applicant for an offence under Sec. 4/7 of the Protection of Civil Rights Act, 1955. The allegations in the com plaint are that at about 10. 30 A. M. on the morning of 25-12-1978, a drain lying between the houses of the complainant and the house of the accused was being cleaned. The wife of the landlord of the adjoining house came out and began to abuse the complainant and his wife by saying "kahan Kay Chamar aur Chamarin aakar pados mein has gay ay hein jo bara-bar ganda kartay rehtey hein aur apnay ko teen paisey ki naukari karkay ham logon ki jatiki barabari karna chahetay hein. " It was also mentioned in the report that the previous Munsif-Magistrate Sri Sant Lal Ram was also living in the same house and that the husband of the accused who was a Brahman by caste, has got his goods thrown out of the house, saying that no Chamar would be allowed to stay in his house. On these allegations the instant complaint has been filed and the accused summoned.

(2.) AN application for exemption was filed before the Magistrate concerned on the ground that Shrimati Sita Davi was a pardanashin lady. But that application has been rejected and she has been ordered to appear failing which warrant of arrest would be issued against her. Aggieved thereby the instant application has been filed under Sec. 482 Cr. P. C.

(3.) TO my mind 'untouchability' when translated in Hindi means 'achhoot'. That word may bring within its orbit an element of disgrace and insult. But the use of the word "chamar", which signifies a particular caste or sect, cannot be understood to mean a synonym for 'achhoot'.