Kerala High Court denies anticipatory bail to dancer Kalamandalam Sathyabhama

The Kerala High Court on Monday denied anticipatory bail to Mohiniyattam performer Kalamandalam Sathyabhama who was booked in a case under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) for offensive remarks against another dancer, RLV Ramakrishnan. [Sathyabhama v. State of Kerala & Anr].Sathyabhama, in an online interview, had allegedly made derogatory remarks about Ramakrishnan's appearance including the colour of his skin.Justice K Babu said the terms used by Sathyabhama were intended to insult Ramakrishnan based on his Dalit background. "The prosecution could prima facie establish that the appellant intentionally insulted the de facto complainant with intent to humiliate him in public view on account of his belonging to Scheduled Caste Community," the Court said.It also observed that the interview would fall under Section 3(1)(r) of the SC/ST Act as being in 'public view' because it was accessible to everyone on YouTube.The Court also asked whether exclusion and discrimination based on caste identity can be allowed to persist in a democracy committed to equality. "It is to address problems of a segmented society, that express provisions of the Constitution which give effect to the idea of fraternity, or bandhutva referred to in the Preamble, and statutes like the Act, have been framed. These underline the social — rather collective resolve — of ensuring that all humans are treated as humans, that their innate genius is allowed outlets through equal opportunities and each of them is fearless in the pursuit of her or his dreams. The question which each of us has to address, in everyday life, is can the prevailing situation of exclusion based on caste identity be allowed to persist in a democracy which is committed to equality and the rule of law?", the judge added..Sathyabhama in the controversial interview had made comments about Ramakrishnan's dark complexion.She had said, "There is an artist in Chalakudy whose complexion is similar to the crow."She also referred to him as "Alavalathy kootathille angam," a Malayalam phrase meaning 'a member of a community of beggars'. Following the interview, Ramakrishnan had filed a police complaint against Sathyabhama, leading to registration of a criminal case under Section 3(1)(r) of the SC/ST Act.The provision specifies that intentional insult or intimidation a member of a Scheduled Caste or Tribe in public is an atrocity under the SC/ST Act.Sathyabhama then moved the special court under the SC/ST Act for anticipatory bail. However, the special court denied her the relief, opining that the offences alleged were prima facie made out.She then approached the High Court. .Sathyabhama's counsel argued that her remarks were not targeted at anyone in particular and it was not intended to humiliate the complainant as she never used his caste name during the interview.He submitted that the statements in the interview solely reflected her personal opinion on Mohiniyattam's artistic standards and the specific term like "crow" was used metaphorically and not with the intention to humiliate any community. The counsel also submitted that the statements made by Sathyabhama were not in public view; rather they were made within the four walls of her house. The channel should have censored the same before telecasting the interview, it was argued.However, the counsel representing Ramakrishnan submitted that Sathyabhama's statements made by her were clearly intended to humiliate Ramakrishnan who belonged to the scheduled caste.The public prosecutor also opposed the bail plea and submitted that the bar provided under Sections 18 and 18A of the SC/ST Act would be applicable to the present case as offences alleged were prima facie made out.Sections 18 places a bar on anticipatory bail (under Section 438 of the CrPC) for cases filed under the SC/ST Act, while Section 18A allows for ‘automatic arrest’ which is an arrest without an FIR or prior approval..The Court after analysing the submissions observed that the terms used by Sathyabhama were evidently intended to insult Ramakrishnan based on his community..The Court further said that even though the accused had not taken Ramakrishnan's name, her remarks, particularly her comments about his dark complexion, were sufficient for the audience to understand that she was referring to Ramakrishnan.Hence, it rejected the anticipatory bail plea."The bar under Section 18 of the SC/ST Act is applicable to the present facts, and hence the application seeking anticipatory bail is not maintainable. Resultantly, the prayer for anticipatory bail is rejected," the order said..However, the Court decided to give her the leeway to surrender before the jurisdictional magistrate instead of surrendering for custodial interrogation before police. She has to surrender within a period of one week, the Court clarified."I find no material warranting the custodial interrogation of the appellant. The appellant is a woman. There is no chance for her to abscond. The appellant is directed to surrender before the jurisdictional Court within a period of one week from this date," the order said..Advocates Biju Antony Aloor, KP Prasanth, Haseeb Hassan M, Krishnasankar D, Asokan KV and Rebin Vincent Gralan appeared for Sathyabhama.Advocate CK Radha Krishnan appeared for Ramakrishnan.Public Prosecutor G Sudheer appeared for the state..[Read Order]