Legal Research and Reform for Better India
The court clarified that for an act to constitute an atrocity under this section, there must be a specific intent to humiliate. It is not enough for an insult to occur; the accused must have the knowledge or awareness that the victim belongs to a SC or ST. The court noted that this awareness could be inferred from long-term association or residence in the same locality.
As the said site was declared as protected monument u/s 3 of the Ancient Monuments Preservation Act, 1904, in 1921, do we really bound to carry over such declaration by the British Government under AMASR Act without any value assessment on the grounds of cultural, historical, artistic, national pride, etc.? Before such assessment we should take a note that British people were only here to loot this nation and we should not glorify any of such person in any way.