Problem of Public View
Loophole in Sections 3(1)(r) & 3(1)(s) of the Prevention of Atrocities Act
About: The report analyzes the legal loophole of “public view” in Sections 3(1)(r) & 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Publisher: Caste Review, Centre for Annihilation of Caste
Date of Publishing: 18 February, 2024
Latest Update: January, 2025
Abstract: There are three scenarios in which a person can hurl caste-based insults or abuse using the “C-word” and still evade liability under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: (1) when the insult or abuse occurs in a private place, not within public view; (2) when the insult or abuse occurs in a private place, not within public view, but in the presence of the complainant’s relatives or friends; and (3) when the insult or abuse occurs during a private conversation conducted over a phone call or through electronic messages. In all these scenarios, evidence such as audio or video recordings, even if provided by the complainant, does not affect the outcome.
