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Relevance: GS-II (Social Justice & Law) | Source: The Indian Express
The News: If someone posts a casteist insult on Facebook, they can no longer hide behind a screen. The Calcutta High Court recently ruled that the internet is a “public place.” This means online abuse is fully punishable under the strict SC/ST Act, just as if it were shouted in a crowded street.
1. The “Public View” Rule
To punish someone under the SC/ST Act for casteist insults, three conditions must be met:
- The abuser must not belong to the SC/ST community.
- They must intentionally mean to humiliate the victim.
- The insult must happen in “public view.” But what does that actually mean in the smartphone era?
2. Closed Doors vs. The Internet
- The Physical World: The Supreme Court has clarified that if an insult happens entirely behind closed doors (like inside a private house) with no outsiders around to hear it, it does not count as being in “public view.”
- The Digital World: But the internet changes the game. High Courts have stepped in to say that posting hate speech on social media is the modern equivalent of using a megaphone in a town square. The law has to grow alongside technology, making digital spaces legally “public.”
Practice MCQ
Q. Consider the following statements regarding the legal interpretation of the SC/ST (Prevention of Atrocities) Act:
- Recent High Court judgments have ruled that casteist slurs made on social media platforms do not attract the Act because the internet is not a physical space.
- The “Ongoing Statute” doctrine allows courts to interpret older legislation to cover new technological realities like social media.
Which of the statements given above is/are correct?
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Answer: (b) 2 only
Hint: Statement 1 is completely incorrect; recent rulings explicitly state that digital platforms and social media do qualify as “public view” under the Act. Statement 2 is correct, as courts use this doctrine to keep laws relevant in the modern internet age.
Hint: Statement 1 is completely incorrect; recent rulings explicitly state that digital platforms and social media do qualify as “public view” under the Act. Statement 2 is correct, as courts use this doctrine to keep laws relevant in the modern internet age.
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