High Court Quashes SC/ST Act Case Against Shilpa Shetty for Using ‘Bhangi’ in Interview
High Court has quashed a case filed under the SC/ST (Prevention of Atrocities Act) against Bollywood actress Shilpa Shetty for allegedly using the word "Bhangi" during a 2013 television interview.
In a significant development, the Rajasthan High Court has quashed a case filed under the SC/ST (Prevention of Atrocities Act) against Bollywood actress Shilpa Shetty for allegedly using the word “Bhangi” during a 2013 television interview. The court’s ruling came after the actress was accused of insulting the Valmiki community, based on a complaint filed in 2017.
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The court observed that public figures like Shetty often speak in a casual tone during interviews, and their words are sometimes taken out of context or exaggerated by individuals seeking media attention. It stressed the importance of considering the broader context of a statement rather than isolating specific words. The judges pointed out that there was no evidence to support the claim that Shetty’s comments were made with malicious intent.
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The FIR filed against Shetty claimed that the actress’s use of the term “Bhangi” caused anger and social unrest. However, the court found no evidence of any protests or violence linked to the statement. It also highlighted that the SC/ST Act requires a clear intent to humiliate or harm members of the Scheduled Castes or Tribes, which was absent in this case.
Context and Meaning of the Term ‘Bhangi’
The court also delved into the meaning and etymology of the term “Bhangi.” While the word is offensive in certain contexts, the court noted that it could also be used in a colloquial or unintended manner. “Bhangi” originates from the Sanskrit word “Bhanga,” which means “broken” or “fragmented.” It is also used to refer to someone who consumes bhang (an intoxicant) or even as a term for someone exhibiting peculiar behavior. The court pointed out that the word’s interpretation could vary across different regions, and it was essential to consider the intent behind its use.
The Court’s Ruling
The Rajasthan High Court found that the FIR was speculative and lacked evidence of how Shetty’s statement led to social unrest or harm to the community. The ruling emphasized that imposing criminal liability for casual or non-malicious statements made years ago could have a chilling effect on free speech.
The court also noted that the FIR failed to meet the procedural requirements under Section 196 of the Criminal Procedure Code and ruled that the case under the SC/ST Act was not applicable in this instance. As a result, the FIR was declared illegal and quashed.
Background of the Case
In 2017, a complaint was filed by Ashok Panwar, who claimed to have seen an interview in which Shilpa Shetty and her husband Raj Kundra, along with actor Salman Khan, allegedly used the word “Bhangi.” The complaint stated that the use of the term hurt the sentiments of people belonging to the Valmiki community. Following the complaint, the police had registered the case, which has now been dismissed by the High Court.
This ruling highlights the importance of context in interpreting statements made by public figures and sets a precedent for handling cases where the intent to harm or insult is not evident. The decision also underscores the need for careful consideration of evidence before criminal liability is imposed for statements made in a public or casual setting.