High Court Rules ‘Neech’ Not a Casteist Abuse
The Rajasthan High Court has recently made a significant ruling in a case involving a dispute between the Director of the Indian Institute of Technology (IIT) Jodhpur and an Associate Professor. The court observed that the use of the term “neech” (meaning low) cannot be classified as caste-based discrimination under the SC/ST (Prevention of Atrocities) Act.
Background of the Case
The incident at the center of this ruling dates back to September 2, 2025. Ankur Gupta, the Acting Registrar of IIT Jodhpur, filed a First Information Report (FIR) at the Karwad police station, leading to the registration of a case under the SC/ST Act. The FIR alleged that during a discussion in the Director’s office, an argument erupted between the Director, Professor Avinash Agarwal, and Associate Professor Dr. Deepak Arora. It was claimed that Dr. Arora assaulted the Director and used abusive language, including the term “neech.”
Legal Proceedings
Following the FIR, Dr. Deepak Arora challenged the inclusion of the SC/ST Act provisions in the case. His petition was heard by a single bench of Justice Sandeep Shah, who quashed the criminal proceedings initiated against him under the SC/ST Act. However, the court clarified that the police investigation into other applicable sections would continue.
Arguments Presented
During the hearing, the lawyers representing Dr. Arora, Senior Advocate Rajesh Joshi and Harshit Borani, argued that even if the allegations in the FIR were assumed to be true, no offense under the SC/ST Act was established. They contended that the incident occurred in the Director’s closed office, which does not qualify as a ‘public view’—a necessary condition for the application of the SC/ST Act.
On the other hand, the complainant’s representatives, AAG Deepak Chaudhary and Deputy GA Lalit Kishore Sain, argued that the Director of IIT Jodhpur is a ‘public servant’ and that the use of derogatory language was intended to insult based on caste. They maintained that the presence of other employees during the incident brought it under the definition of ‘public view’.
Court’s Observations
The Rajasthan High Court made several key observations during its ruling. Citing the case of Swaran Singh vs State, the court stated that any insult under the SC/ST Act must occur in public view. Since the incident took place inside the Director’s office, which was not accessible to the public, it could not be classified as occurring in public view.
Interpretation of the Term ‘Neech’
The court clarified the meaning of the term ‘neech’, stating that it signifies low or inferior and is often used to describe someone’s moral character rather than being associated with any specific caste or community. The court referenced previous judgments, including Achal Singh vs State of Rajasthan, to support the assertion that calling someone ‘neech’ does not constitute a caste-based insult.
Conclusion of the Ruling
In its ruling, the court rejected the argument that IIT Directors do not qualify as public servants. It highlighted that under the IIT Act of 1961, IITs are recognized as institutions of national importance, and their directors are appointed by the council on behalf of the central government, thereby categorizing them as public servants.
Implications of the Ruling
This ruling has significant implications for the interpretation of the SC/ST Act and the usage of language in professional settings. It highlights the need for clarity regarding what constitutes caste-based discrimination and the conditions under which such allegations can be substantiated legally.
Public Reaction
The decision has sparked discussions among legal experts, social activists, and the general public regarding the boundaries of free speech and the protection of individuals from caste-based insults. Some have welcomed the ruling as a necessary clarification of the law, while others express concern that it may dilute protections against caste discrimination.
Future Considerations
As this case unfolds, it may set a precedent for future cases involving allegations of caste-based insults and the application of the SC/ST Act. Legal experts will be watching closely to see how this ruling influences similar disputes and the broader discourse on caste discrimination in India.
Note: This article aims to provide an overview of the recent ruling by the Rajasthan High Court regarding the use of the term ‘neech’ in a professional context and its implications for caste-based discrimination laws in India.
