The Problem:
Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act currently require that caste-based insults or abuse must occur “in any place within public view” for an offence to be recognized. This means that if an incident happens in private or without an independent public witness, victims are denied justice—even if the insult or abuse is proven.

Judicial Interpretation:

To cite the Cases, The Supreme Court in Swaran Singh & Ors vs State Tr.Standing Council & Anr (2008) and Hitesh Verma vs The State of Uttarakhand (2020) has held that the presence of an independent public witness is essential for conviction under these sections. This high threshold has led to many genuine cases being dismissed, as the courts have made “public view” a pre-requisite for justice.

Why This Is Unjust:
Unlike other serious crimes such as rape—where the place of occurrence is irrelevant and the focus is on the violation of the victim’s dignity—atrocities under these sections are not recognized unless they occur in public. This undermines the inherent human sanctity and dignity of SC/ST victims, contradicting the very purpose of the Act.

Our Solution:
We urge lawmakers to amend the Act and remove the “public view” requirement from sections 3(1)(r) and 3(1)(s). This will ensure that all cases of caste-based insult and abuse are punishable, regardless of where they occur, and victims receive the protection and justice they deserve.

Support this campaign to make the law just and effective for all!