Calling Someone By Profession Not A Crime Under SC/ST Act, Says Allahabad HC In 'Dhobin' Case

Last Updated:March 03, 2026, 16:18 IST

The Allahabad High Court ruled that addressing someone by their profession isn't an offence under the SC/ST Act unless intended to insult

In a significant ruling, the Allahabad High Court has observed that merely addressing a person by their profession does not constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, unless it is established that the words were used with deliberate intent to insult a member of the Scheduled Caste or Scheduled Tribe community.

The observation was made by a single-judge Bench of Justice Anil Kumar while hearing a petition challenging a summoning order issued in August 2024 by a special SC/ST court in Gautam Buddha Nagar district.

The appellant had been summoned under Sections 323, 504 and 506 of the BNS, along with Sections 3(1)(d) and 3(1)(dh) of the SC/ST Act. The case arose from a complaint filed by a woman who stated that she worked as a washerwoman for the appellant. According to her, when she demanded her wages on one occasion, she was allegedly mistreated and subjected to caste-based remarks.

Upon examining the record, the HC noted that the only specific term attributed to the appellant was “dhobin" (washerwoman). The Bench observed that the dispute appeared to have arisen in the context of a wage demand and that the complaint referred to caste-related expressions along with the word “dhobin“.

The court further recorded that there existed a contractual relationship between the parties, with the complainant engaged as a washerwoman. It held that referring to a person by their profession would not automatically attract provisions of the SC/ST Act unless it is clearly demonstrated that the expression was used with the intention of insulting or humiliating the person on the ground of caste.

The Bench also dealt with the appellant’s contention that the trial court had illegally converted a protest petition into a complaint without expressly accepting or rejecting the police’s final report. Rejecting this argument, the High Court clarified that it is not mandatory for a court to explicitly record its disagreement with a police report. If a protest petition is treated as a complaint, it inherently implies that the final report submitted under Section 173(2) of the Criminal Procedure Code has not been accepted.

With these observations, the High Court partly allowed the petition and quashed the summoning order and related proceedings under Sections 3(1)(d) and 3(1)(dh) of the SC/ST Act. However, it directed that proceedings under Sections 323, 504 and 506 of the IPC shall continue in accordance with law.

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