SC-ST Act: Derogatory remarks against SC-ST in social media will go to jail, the important decision of the Kerala High Court

Posted on 29th Jul 2022 by rohit kumar

Attention Making derogatory or indecent remarks against people belonging to Scheduled Castes and Scheduled Tribes on social media can now be overwhelming. If you make such comments then you will have to go to jail.

 

The Kerala High Court, while hearing a case, said that this order has been given. The High Court said that if any derogatory remark is made on social media towards any person belonging to SC/ST category, then action should be taken as per the provisions of the SC/ST Act.

 

With this order, the High Court dismissed the anticipatory bail application of the accused. A YouTuber had sought bail in the case of making derogatory remarks against SCs and STs on social media. While canceling the bail application, the Kerala High Court said that derogatory remarks made against a person belonging to SC/ST through an online medium will also be treated as an offense under the SC/ST Act.

 

The petitioner, in an interview, had allegedly made derogatory remarks against a woman belonging to the SC/ST category. This interview was later uploaded to social media. Fearing arrest in the case, the YouTuber had sought anticipatory bail from the High Court. She had said in the petition that she was not present during the interview of the victim, so she should be relieved from action under the SC/ST Act.

 

It also argued that derogatory remarks against the SC/ST class should be considered only when it is made in front of the aggrieved person. Opposing this, the prosecution said that it would be wrong to treat the remarks made in front of the victim as derogatory. In the age of digital media, such an interpretation would be wrong in the eyes of the law. The counsel for the victim also opposed the plea and said that the accused intentionally and publicly insulted the ST person.

 

After hearing the arguments of the parties concerned in the matter, the High Court observed that the interview shows that derogatory words were used in many places. The accused had mentioned the victim as 'SC' category even though he knew that she was a member of a Scheduled Tribe. The words used in the interview are prima facie derogatory and were said intentionally.

 

The situation changed after the advent of the Internet

 

The High Court also said that before the advent of the Internet, only a limited number of people could watch or listen to an interview. Now if any content is uploaded on social media, then anyone can see or listen to it at any time. In the digital age, the presence of a person will be considered online or digitally. That is, when a person accesses the uploaded content on social media, he will be considered to be there directly or indirectly.

 

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