The Rajasthan High Court on Thursday quashed a complaint filed under the SC/ST (Prevention of Atrocities) Act against Bollywood actress Shilpa Shetty for allegedly using the term “Bhangi” during a 2013 television interview.
The court held that no malice or intent to harm was evident in the case, emphasizing the importance of context in interpreting statements made by public figures.
The court observed that celebrities often speak in a casual tone during interviews, and their words may be exaggerated or misconstrued by some individuals for media attention. It clarified that criminal liability cannot arise in the absence of malicious intent or evidence of wrongdoing.
While reviewing the FIR, the court found no indication that Shetty’s remarks were intended to insult or demean the Valmiki community. Justice stated, “The FIR and accompanying evidence lack any proof of malicious intent or mens rea to commit an offense under the SC/ST Act. The statements, at most, appear to have been taken out of context.”
The court highlighted that the SC/ST Act requires a clear intent to insult, humiliate, or harm members of the community, which was absent in this case. It also delved into the varying interpretations of the term “Bhangi,” explaining that the word’s meaning can shift depending on context.
Referencing its etymology, the court noted that “Bhangi” could refer to brokenness, cannabis use, or even peculiar behavior in different cultural and linguistic settings.
The FIR claimed the statement caused social unrest and hurt community sentiments but failed to provide evidence of protests, violence, or any tangible harm.
The court concluded that the allegations were speculative and lacked a direct link between the remarks and societal unrest. It further stated that imposing criminal liability for casual statements made years ago could create a chilling effect on free expression.
Citing procedural flaws, the court pointed out the failure to comply with mandatory requirements under Section 196 Cr.P.C. and the lack of grounds for invoking Section 153A IPC or the SC/ST Act. It deemed the FIR patently illegal and ordered its dismissal.
The case stemmed from a 2017 complaint by Ashok Panwar, who alleged that Shilpa Shetty and Salman Khan used the term “Bhangi” in an interview, claiming it hurt the sentiments of the Valmiki community.
However, the court ruled that the essential elements for criminal charges were not met, and the complaint lacked merit.
