Delhi HC : Social media slurs on SC,ST punishable

NEW DELHI: Any offensive post on social media targeting an individual of the SC/ST community, even if made in a closed group, is punishable, the Delhi high court said Monday.

In an important ruling that plugs the gap between online abusers and their prosecution, the HC made it clear that Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, will apply if a casteist slur is made against a person from these communities.

Though the judgment came in reference to a Facebook "Wall", the ruling can extend to other social media outlets such as WhatsApp which have closed privacy settings.

"When a member registered with Facebook changes the privacy settings to 'public' from 'private', it makes his/her writings on the 'wall' accessible not only to the other members who are befriended by the author of the writings on the "wall", but also by any other member registered with Facebook. However, even if privacy settings are retained by a Facebook member as "private", making of an offending post by the member - which falls foul of Section under Section 3(1)(x) of the SC/ST Act—may still be punishable," Justice Vipin Sanghi noted.

The HC clarified that only exception from prosecution in these cases would be if the complainant and those connected to him/her on Facebook are related to each other. Justice Sanghi pointed out that "public view" means "a place where public persons are present - howsoever small in number they may be."

The court also brought out the finer legal nuance and added "it would make no difference whether the privacy settings are set by the author of the offending post to "private" or "public" as sections of SC/ST Act do not require that the intentional insult or intimidation with intention to humiliate a member of the SC or ST should take place in the presence of the said member. Even if the victim is not present, and behind his/her back the offending insult or intimidation with intention to humiliate him/her - who is a member of the SC or a ST takes place, the same would be culpable if it takes place within public view".