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
Author: Gaurav Singhal
First Published: 18 February 2024
Updated Edition: June 2026
Publication Code: CR-RR-2024-03
Suggested Citation: Centre for Annihilation of Caste, Problem of Public View: Loophole in Sections 3(1)(r) & 3(1)(s) of the Prevention of Atrocities Act, CR-RR-2024-03 (Caste Review 2024; updated June 2026).
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.
Stakeholders Targeted: National Commission for Scheduled Castes (NCSC); Ministry of Social Justice and Empowerment (MoSJ&E); Scheduled Castes (SC) Morcha, Bharatiya Janata Party (BJP); Scheduled Castes (SC) Department, Indian National Congress (INC); Scheduled Castes (SC) Departments of Major National and State Political Parties; and Elected Members of the Parliament of India and State Legislative Assemblies from Constituencies Reserved for Scheduled Castes.
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