Kerala High Court Unlikely to Grant Anticipatory Bail to Mohiniyattam Performer Accused of Casteist Remarks

Anti-Defection Petitions

The Kerala High Court has reserved its order on the appeal filed by Mohiniyattam performer Kalamandalam Sathyabhama. Sathyabhama’s anticipatory bail application was previously dismissed by the Special Court for Trial of Offences under the SC/ST Act. She is accused of making casteist remarks against fellow artist Dr. RLV Ramakrishnan.

Court’s Oral Observations

Justice K Babu remarked, “I will not grant anticipatory bail, I will direct her to appear before the jurisdictional Court and let the Court decide.” However, considering that the appellant is a lady, the court will not require her to appear before the investigating officer.

The Allegations

Sathyabhama allegedly made derogatory comments on Ramakrishnan’s appearance and skin tone, who belongs to the Scheduled Caste community. These remarks were made in an interview that went viral on YouTube. A case was registered against her under Sections 3(1)(r) of the SC/ST (Prevention of Atrocities) Act.

Legal Arguments

Sathyabhama’s counsel argued that Section 3(1)(r) is not applicable as no explicit name or caste was mentioned. They claimed the remarks were personal opinions about the dance form and not intended for public view. They argued that terms like “crow” and “koel” used in the interview are generally descriptive and not meant to humiliate.

Conversely, the complainant’s counsel contended that Sathyabhama’s comments were made with full awareness of Ramakrishnan’s caste and aimed to insult and humiliate him. They emphasized that the interview was given knowing it would be publicly accessible.

Court’s Stance

The Court indicated that Sathyabhama’s comments implied an intention to insult based on the complainant’s community. It noted that comments on skin color can be an indirect reference to someone’s caste.

Next Steps

The Court will issue its final order tomorrow. The appeal is handled by Advocates Biju Antony Aloor, K P Prasanth, Haseeb Hassan M, Krishnasankar D, Asokan K.V, and Rebin Vincent Gralan.

Case Title: Sathyabhama v. State of Kerala