Social media slurs pointing towards SC, ST are punishable, rules Delhi HC

The Delhi High Court ruled on Monday that any social media post aimed at individuals from Scheduled Caste/Scheduled Tribe (SC/ST) is punishable, The Times of India reported.

The court was hearing a complaint from a woman belonging to SC community against her co-sister (her husband's wife). The woman, in her complaint, had said that her co-sister was harassing and abusing her on social media platform.

The bench hearing the case said that the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 will come into action in such cases. This judgement had come with reference to a Facebook "wall" post. But the bench cleared that it can be extended to other social media platforms as well, despite the closed 'privacy' settings, like the one on WhatsApp.

"Even if privacy settings are retained by a Facebook member as 'private', making of an offending post by the member...may still be punishable," Justice Vipin Sanghi said.

Justice Sanghi also made it clear that "public view" means "a place where public persons are present" irrespective of the number of people present.

The only exception from prosecution will be if the complainant and those connected to them on Facebook are related.