Casteist social media posts can send you to jail, rules Delhi High Court
However, the complainant and those connected to him/her on Facebook were related to each other, they would be exempt from prosecution.
The Delhi High Court on Monday ruled that any offensive post on social media that targets an individual of the Scheduled Caste or Scheduled Tribe communities, even if made in a closed group, is punishable, The Times of India reported.
The court was hearing a complaint by a woman who belongs to a Scheduled Caste against her Rajput co-sister, the wife of her husband’s brother. The complainant said her co-sister was harassing and abusing her on social network websites.
The bench held that the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, will apply if a casteist slur is made against a person from these communities. The judgement, which came in reference to a Facebook post, can extend to other social media platforms such as WhatsApp, even if they have closed privacy settings.
“Even if privacy settings are retained by a Facebook member as ‘private’, making of an offending post by the member...may still be punishabl,” Justice Vipin Sanghi said, clarifyng that if the complainant and those connected to him/her on Facebook were related to each other, they would be exempt from prosecution.