The Rajasthan High Court has quashed a criminal case against Bollywood actress Shilpa Shetty, accused of using a term offensive to the Valmiki community during a 2013 television interview. The case was filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and lingered in court since 2017.
Justice Arun Monga, presiding over the case, stated that there was no evidence to suggest Shetty intended to insult or humiliate the community. The court pointed out that the statements made by Shetty were casual and have been taken out of context, highlighting the need to consider the broader circumstances of the comments rather than isolated words.
During the proceedings, the court analyzed the multiple meanings of the term ‘Bhangi,’ used by Shetty in the interview. The term, derived from the Sanskrit ‘Bhanga,’ can refer to something broken or fragmented and is also colloquially linked to cannabis consumption. It is used in different contexts, some of which are offensive while others are not.
The court’s judgment also addressed the nature of public speech by celebrities, acknowledging that their statements are often exaggerated or distorted for heightened media attention. “Statements made by public figures are sometimes exaggerated by unknown persons from the public just to gain some media attention. Be that as it may, no one can be held criminally liable as long as there is no malice or intent to harm,” Justice Monga remarked.
Additionally, the court dismissed allegations under Section 153A of the Indian Penal Code, which pertains to promoting enmity between different groups. The FIR lacked allegations suggesting promotion of enmity based on religion, race, or place of birth, thus failing to meet the criteria for the cited law.
The court also considered the significant delay in filing the FIR, which it found detrimental to the complainant’s case. Justice Monga concluded, “Merely offending or hurting the feelings of one community or group, without any incitement, does not satisfy the requirements of Section 153A.”
