High Court refuses to quash case in caste abuse incident at factory gate

Bengaluru: In a significant ruling, the Karnataka High Court has held that a factory premises, including its goods entry gate, can be treated as a “public place” under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act if workers have access to it. The court refused to quash criminal proceedings against factory owners accused of caste abuse.

The order was passed by Justice Hanchate Sanjeev Kumar of the Dharwad bench while hearing a petition filed by the owners of Swims Technology Private Limited, Dharwad. The petitioners had sought quashing of the FIR registered against them under provisions of the IPC and the SC/ST Act.

Rejecting the plea, the court observed that the term “public place” should not be narrowly interpreted. “A goods entry gate of a factory cannot be considered a secluded private space when employees regularly use it for entry and exit. Such a place qualifies as a public area in the context of the Act,” the bench noted.

The court further clarified that the presence of co-workers is sufficient to meet the legal requirement that the alleged caste abuse must occur in a place “within public view.” “Co-workers present at the site can be treated as members of the public,” the court stated.

The petitioners had also argued that the complaint was filed six months after the incident and therefore lacked credibility. However, the court dismissed this contention, emphasizing the socio-economic realities faced by workers. “A labourer may hesitate to immediately lodge a complaint against an employer due to fear of losing livelihood. Delay alone cannot be grounds to dismiss the case,” the judge observed.

The bench added that if the complainant intended to file a false case, he could have cited a recent date instead of referring to an older incident. “The mention of an earlier date indicates prima facie credibility,” the court remarked.

According to the complaint, the victim, a long-time worker, was allegedly abused by the factory owners using caste-based slurs in front of other employees after he refused to file a false complaint against a third party. He was also reportedly threatened with dismissal.

Based on the complaint, police had registered a case under IPC Sections 504 and 506 along with relevant provisions of the SC/ST Act. Upholding the proceedings, the High Court ruled that the case merits trial and cannot be dismissed at this stage.