How to report hate speech and harassment under BNS and SC/ST Act

1. The Hook

You are landing at Delhi airport or heading to a protest at Jantar Mantar. You are there to make a point, but instead of a microphone, you are met with a mob. Paparazzi and "content creators" start shouting "Hit, Kaala Hit" or other colorist slurs at you. It feels like a circus, and you are the target. In India, "freedom of expression" does not give anyone a license to harass or use casteist/colorist slurs in public. Whether you are an activist like Abhijeet Dipke or a student standing up for your rights, you need to know that public humiliation is a legal offence, not just "paparazzi culture." Here is how you fight back when the crowd turns toxic.

2. What the law actually says

Since July 1, 2024, the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) govern these situations.

Intentional Insult (Section 352 BNS): If someone intentionally insults you to provoke you into breaking the public peace, they can be jailed for up to 2 years. Shouting slurs at someone in a public place like Jantar Mantar fits this definition. It is not about the words alone, but the intent to humiliate and provoke a reaction.

Promoting Enmity (Section 196 BNS): This section deals with promoting enmity between different groups on grounds of race, place of birth, residence, language, etc., and doing acts prejudicial to the maintenance of harmony. Using colorist slurs in a derogatory way often intersects with racial or regional discrimination, which is punishable by up to 3 years in prison.

SC/ST (Prevention of Atrocities) Act, 1989: If the victim belongs to a Scheduled Caste or Scheduled Tribe, Section 3(1)(r) and 3(1)(s) are your strongest legal tools. They criminalise "intentionally insulting or intimidating with intent to humiliate" a member of an SC/ST community in any place "within public view." The Supreme Court in Hitesh Verma v. State of Uttarakhand (2020) clarified that the offence must occur in a place where the public can view the act—like an airport arrival terminal or a public street.

Mandatory FIR (Section 173 BNSS): Under Section 173 of the BNSS, the police are legally required to register an FIR if the information discloses a cognizable offence. The landmark judgment Lalita Kumari v. Govt. of Uttar Pradesh (2014) makes this mandatory. If the police refuse because the aggressors are "media," they are in violation of Supreme Court directions.

3. Step-by-step playbook

Step 1: Secure the "Digital Receipt"

In the middle of a shouting match, your phone is your best witness.

• What to do: Start recording immediately. If you cannot, ask a friend to film from a distance to capture the scale of the harassment. Ensure the audio clearly captures the specific slurs used.
• What to bring: High-resolution video files. Do not edit or apply filters; keep the raw file with metadata (time and location) intact for forensic validity.
• Timeline: Immediate.
• If it fails: Look for CCTV cameras. If this happened at Delhi Airport or Jantar Mantar, there are dozens of government and private cameras. Note the exact time to request footage later. File an RTI online to get CCTV logs if the police refuse to secure them.

Step 2: Identify the Aggressors

You cannot file a case against a "crowd." You need specific names or organisations.

• What to do: Look for logos on microphones, ID cards, or YouTube channel names on their gear. In cases like the one involving Abhijeet Dipke, identifying which "paparazzi" handles were involved is key.
• What to bring: Screenshots of their social media uploads if they posted the harassment as "content" or "vlogs."
• Timeline: 24–48 hours post-incident.

Step 3: File a "Zero FIR" or Regular FIR

Do not let the police tell you "this happened in another jurisdiction."

• What to do: Go to the nearest police station. If the incident happened at Jantar Mantar but you are now in another part of Delhi or a different state, file a Zero FIR. The police must register it and then transfer it to the relevant station (e.g., Parliament Street PS).
• What to bring: A written complaint detailing the slurs, the names of the aggressors (if known), and a pendrive with the video evidence.
• Expected Timeline: 2–4 hours for the FIR copy.
• If it fails: If the Station House Officer (SHO) refuses, mention the Lalita Kumari judgment. If they still do not budge, use the guide on How to file an FIR (and what to do if police refuse).

Step 4: Invoke the SC/ST Act (if applicable)

If the slurs were caste-based or directed at an SC/ST individual.

• What to do: Explicitly mention your caste identity in the written complaint and state that the insult was intended to humiliate you because of it. This ensures the case is handled by an officer of the rank of Deputy Superintendent of Police (DSP).
• Expected Timeline: Investigation must usually be completed within 60 days as per the Act's rules.

Step 5: Complain to the Press Council of India (PCI)

If the harassers were acting as "journalists" or professional paparazzi.

• What to do: File a formal complaint under the "Norms of Journalistic Conduct." The PCI can censure publications for "low taste" and "harassment."
• Where to go: Use the portal at pci.nic.in.
• Timeline: This is a slower process and can take 6–12 months for a hearing.

Step 6: Manage the Mental Toll

Being the target of a public slur mob is traumatic and can lead to significant stress.

• What to do: Reach out to a professional. Harassment is not just a legal battle; it is a mental one.
• Resources: Use Mental health helplines (iCall, Vandrevala, NIMHANS) to talk to someone immediately.

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Where it usually breaks

The legal system often hits a snag when the aggressors claim to be "media" or when the police try to downplay harassment as a "minor scuffle." Here is how to navigate the most common roadblocks:

1. The "Media" Shield: Paparazzi or "content creators" often argue they were just doing their job or that the slurs were "humour." Workaround: Remind the officer that Section 352 of the BNS does not exempt journalists. If the intent was to humiliate or provoke, the law applies. If they are not accredited journalists (which most YouTube paparazzi aren't), they have no special standing anyway.
2. The Jurisdiction Loophole: If you try to file a complaint at Jantar Mantar for something that happened at the Airport, the police might tell you to "go to the other station." Workaround: Insist on a Zero FIR under Section 173(1) of the BNSS. The police are legally bound to record the information and then transfer it to the relevant station. They cannot turn you away.
3. Refusal to invoke the SC/ST Act: Officers may hesitate to add sections of the SC/ST (Prevention of Atrocities) Act unless you provide a caste certificate on the spot. Workaround: You do not need the certificate to file the FIR; it is required during the investigation. Quote Lalita Kumari v. Govt. of Uttar Pradesh (2014)—if the complaint shows a cognizable offence, the FIR must be registered immediately.
4. CCTV "Technical Issues": If the incident happened at a high-security zone like Delhi Airport, the police might claim the CCTV was "not working" to protect influential groups. Workaround: Immediately send a written request to the Airport Director and the DCP (Airport) to preserve the footage of the specific terminal and gate between [Time X] and [Time Y]. Mention that you will be seeking this via an RTI application under the RTI Act, 2005.

Templates / script

Script: Talking to a reluctant Duty Officer

You: "I want to file an FIR regarding the public harassment and slurs I faced at the airport today." Officer: "It’s a small matter, just ignore them. They are media people." You: "Sir/Ma'am, under Section 352 and Section 196 of the BNS, intentional insult and promoting enmity are cognizable offences. Furthermore, since I belong to the [SC/ST] community and this happened in public view, it is a mandatory FIR under the SC/ST Act and Section 173 of the BNSS. As per the Lalita Kumari judgment, you cannot refuse to register this. If you won't, please give me a written 'Refusal to Register' so I can approach the DCP."

Template: FIR Draft / Written Complaint

To, The SHO, [Name of Police Station, e.g., P.S. IGI Airport / P.S. Parliament Street] New Delhi.

Subject: Complaint against [Names/Channel Names if known] for public harassment, intentional insult, and offences under the SC/ST Act.

Respected Sir/Ma'am,

I, [Your Name], aged [Age], resident of [Address], am filing this complaint regarding an incident that occurred on [Date] at approximately [Time] at [Specific Location, e.g., Arrival Gate 4, Terminal 3].

While I was [describe what you were doing, e.g., walking towards my vehicle], a group of individuals identifying as [Paparazzi/Media/Channel Name] surrounded me. They began shouting derogatory slurs, specifically [quote the exact words, e.g., "Hit, Kaala Hit"], with the clear intent to humiliate me in public view.

This act constitutes:

1. Intentional Insult under Section 352 of the BNS.
2. Promoting Enmity under Section 196 of the BNS.
3. [If applicable] Offences under Section 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, as the slurs were directed at my identity in a place within public view.

I have attached the raw video footage/screenshots as evidence. I request you to register an FIR immediately and provide me with a free copy of the same as per Section 173(2) of the BNSS.

Sincerely, [Your Name] [Your Phone Number]

FAQs

1. Do I have to pay any fee to file an FIR? No. Filing an FIR is absolutely free. Under Section 173(2) of the BNSS, the police are legally required to give you a copy of the FIR immediately, free of cost. If they ask for money, it is a bribe; report it to the Vigilance department or via the 1064 helpline.

2. What if I am not from the SC/ST community? Can I still file a case? Yes. While you cannot use the SC/ST Act, the harassment still falls under the Bharatiya Nyaya Sanhita (BNS). Section 352 (Intentional Insult) and Section 196 (Promoting Enmity) apply to everyone. If the harassment was specifically targeted at you as a woman, Section 79 of the BNS (insulting the modesty of a woman) can also be invoked.

3. The police refused to file my FIR. What is my next step? Under Section 173(4) of the BNSS, you can send the substance of your complaint in writing to the Superintendent of Police (SP) or the DCP via registered post. If that fails, you can file an application under Section 175(3) of the BNSS before a Magistrate, who can then order the police to investigate.

4. How long does the investigation take? Under the new BNSS rules, for offences punishable with less than 7 years (like most harassment cases), the police may conduct a "Preliminary Enquiry" within 14 days to decide if a prima facie case exists. However, for the SC/ST Act, the investigation is usually handled by an officer of the rank of Deputy Superintendent of Police (DySP).

5. Can I file the FIR online in Delhi? You can report "Lost Reports" or "Theft" online, but for "Heinous Crimes" or cases involving the SC/ST Act and physical harassment, you are usually required to visit the police station in person to record your statement. You can, however, send your complaint via email to the DCP of the relevant zone to create a digital trail.

6. I am worried about the paparazzi harassing me more if I file a case. Is there protection? The Witness Protection Scheme, 2018 (endorsed by the Supreme Court in Mahender Chawla v. Union of India) provides for protection measures based on threat perception. In your complaint, specifically mention if you feel threatened or are being followed, and ask the SHO to record this in the Daily Diary (DD) entry.