Bombay HC: Sharing Videos on WhatsApp Without Consent Falls Under SC/ST Act
The Bombay High Court has ruled that circulating a video of a person from an SC/ST community on WhatsApp without consent falls under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case involved an accused, Thepale, who demanded favours from the victim and circulated videos after being refused. This judgment expands the scope of the Act to include digital harassment.
The Bombay High Court has ruled that circulating a video of a person from a Scheduled Caste or Scheduled Tribe (SC/ST) community on WhatsApp without their consent constitutes an offence under the SC/ST (Prevention of Atrocities) Act. The judgment came in a case where the accused, identified as Thepale, demanded favours from the victim, and upon refusal, circulated videos of the victim on WhatsApp.
The court observed that such acts of digital harassment and intimidation are covered under the stringent provisions of the SC/ST Act, which aims to prevent atrocities against marginalized communities. The victim, belonging to an SC/ST community, was targeted after rejecting the accused's demands. This ruling underscores the growing recognition of cyber harassment as a tool of caste-based oppression.
The decision has significant implications for how digital platforms are used to perpetrate caste-based violence. It sets a precedent that sharing private content without consent, especially to humiliate or coerce, can attract severe penalties under the SC/ST Act. Legal experts and activists have welcomed the move, calling it a step forward in protecting vulnerable communities in the digital age. The next steps may involve increased awareness and stricter enforcement of such offences.
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