Offensive posts against SC/ST on social media an offence: Delhi HC
By Team Legistify / 2017-07-06

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Offensive statements on the social media like Facebook, whether private or public and intended to humiliate someone belonging to the scheduled caste or scheduled tribe communities, would be a punishable offence, the Delhi High Court has said.

However, generalised statements against all and sundry and not against a specific individual from SC/ST community would not be an offence under section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Justice Vipin Sanghi said.

“To my mind, it would make no difference whether the privacy settings (on social media accounts) are set by the author of the offending post to private or public.

“Pertinently, section 3(1)(x) of the Act does not require that the intentional insult or intimidation with intention to humiliate a member of SC/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 SC/ST takes place, the same would be culpable if it takes place within public view,” the court said.

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