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What to do if an official humiliates you in public

If a government official or police officer humiliates you or someone else in public, it is a punishable offence. Here is how to use the SC/ST Act and BNS to fight back.

HowToHelp Editorial
11 min read
#SC/ST Act Odisha#public humiliation law India#Nabarangpur official case#Section 3(1)(r) SC/ST Act#BNSS Section 173#Odisha police complaint#Mo Sarkar feedback#legal aid Odisha

The "Uth-Baith" power trip ends here

Imagine you are in Nabarangpur, Odisha, or any town where a local official—maybe a Forest Range Officer or a Police Babu—decides you have stepped out of line. Instead of following the law, they decide to "teach you a lesson" by forcing you to do sit-ups (uth-baith) in the middle of the street while they record it on their phone. They mock your background, your community, or your clothes. This isn't just a bad day; it is a serious criminal offence. No official has the right to strip you of your dignity. Whether it happens to you or you witness it happening to a tribal brother or a Dalit friend, you have the legal firepower to ensure that official loses more than just their temper.

Public humiliation is often used as a tool of social control, especially against those from Scheduled Caste (SC) or Scheduled Tribe (ST) communities. But in 2026, the law is clear: dignity is not a luxury; it is a fundamental right. If you have the "receipts" (videos and witnesses), you can move the machinery of justice to hold them accountable. This guide shows you how to transition from being a victim of a power trip to a protagonist in a legal battle.

What the law actually says

The Indian legal system has specific shields against public humiliation, especially when it is motivated by caste or tribal identity.

1. The SC/ST (Prevention of Atrocities) Act, 1989

If the victim belongs to an SC or ST community and the perpetrator does not, this is your primary weapon. Under Section 3(1)(r), anyone who intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within "public view" can be punished with imprisonment for up to five years.

Furthermore, Section 3(1)(s) criminalises abusing any member of these communities by caste name in public. The Supreme Court in Hitesh Verma v. State of Uttarakhand (2020) clarified that "public view" means the incident must be witnessed by independent persons, not just the victim and the accused. If an official does this in a market, a police station, or on a busy road, the law is squarely on your side.

2. The Bharatiya Nyaya Sanhita (BNS), 2023

If the perpetrator is a government official, Section 198 of the BNS (which replaced Section 166 of the IPC) applies. It punishes a public servant who knowingly disobeys a direction of the law, intending to cause injury to any person. "Injury" here includes harm to reputation and mental agony. Additionally, Section 352 of the BNS (Intentional insult with intent to provoke breach of peace) can be invoked if the humiliation is meant to provoke a reaction.

3. The Constitutional Mandate

Article 21 of the Constitution of India guarantees the Right to Life, which the Supreme Court has repeatedly held includes the Right to Dignity. In the landmark case of Lalita Kumari v. Govt. of U.P. (2014), the Court made it mandatory for the police to register an FIR if the complaint discloses a cognizable offence (which SC/ST Act violations are). If a police officer refuses to register your FIR, they are themselves committing an offence under Section 199 of the BNS.

4. Compensation

Under the SC/ST Rules, victims of public humiliation are entitled to monetary compensation. As of current norms, relief for "Insult, intimidation and humiliation" (Annexure-I of the Rules) can range from ₹25,000 to ₹1 lakh or more, depending on the severity and the state government's specific notifications. You do not need a conviction to get the first installment of this relief; the registration of an FIR and the filing of a charge sheet are often sufficient triggers.

Your playbook for justice: Step-by-step

When the adrenaline is high and you feel humiliated, it is easy to react with anger. Don't. React with a process. Here is how to systematically dismantle an official's power trip.

Step 1: Secure the Evidence (The Digital Paper Trail)

In cases of public humiliation, the burden of proof often rests on "who saw what."

  • Video recording: If you are a witness, record the incident. Ensure the official’s face and their nameplate/badge are visible. If you are the victim, try to identify people nearby who are filming.
  • Identify Witnesses: Note down the names and phone numbers of at least two people who saw the incident. Their testimony that the humiliation happened in "public view" is the backbone of an SC/ST Act case.
  • Metadata: Do not edit the video. Keep the original file with its metadata (timestamp and GPS location) intact. This makes it harder for the official to claim the video is "doctored."

Step 2: File the FIR (The First Strike)

Go to the nearest police station. If the victim is SC/ST, it is best to go to the Special SC/ST Police Station (often located at the District Headquarters) or the Human Rights Protection Cell (HRPC) in Odisha.

  • What to say: Specifically state that the official used caste-based slurs (if they did) and that the act was done to humiliate the victim in public.
  • The Section: Insist on Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for the registration of the FIR. Mention Section 3(1)(r) and 3(1)(s) of the SC/ST Act.
  • Get the copy: You are legally entitled to a free copy of the FIR immediately. Do not leave without it.
  • Internal Resource: If the police refuse to help, read our guide on How to file an FIR (and what to do if police refuse).

Step 3: Escalation to the Superintendent (SP)

If the local police station refuses to register the FIR because the accused is a "big official," use Section 173(4) of the BNSS.

  • Action: Send your complaint in writing via Registered Post to the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP).
  • Timeline: The SP is required to either investigate the matter themselves or direct an officer to do so.
  • Pro-Tip: In Odisha, you can also use the 'Mo Sarkar' feedback system if the police are being uncooperative. Mention the station diary number or the refusal date.

Step 4: Reach out to the Commissions

If the police investigation is slow or biased, bring in the big guns.

  • Odisha State Commission for SC & ST: File a formal complaint at their office in Bhubaneswar (Unit-II, Ashok Nagar). They have the power to summon officials and demand progress reports on the investigation.
  • National Commission for Scheduled Tribes (NCST): If the victim is from a tribal community, file an online complaint at ncst.nic.in. They are particularly active in cases involving tribal humiliation in states like Odisha.

Step 5: Activate Legal Aid

You do not need to spend lakhs on a lawyer. Under the Legal Services Authorities Act, members of SC/ST communities are entitled to free legal aid regardless of their income.

  • Action: Visit the District Legal Services Authority (DLSA) office located in the District Court complex. They will assign a lawyer to help you monitor the case and ensure the police file the charge sheet on time.
  • Mental Health Check: Public humiliation causes deep psychological scars. Don't ignore the trauma. Reach out to Mental health helplines (iCall, Vandrevala, NIMHANS) for support.

Step 6: Follow up with RTI

If the case goes cold, use the Right to Information Act.

  • Action: File an RTI online asking for the daily progress report of your FIR and the names of the officers responsible for the delay. This puts the investigating officer on notice that you are watching.

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Where it usually breaks

The law looks great on paper, but on the ground in places like Nabarangpur or Mayurbhanj, the "system" often protects its own. Here is where your fight might hit a wall and how to climb over it:

  1. The "Brotherhood" Refusal: If you go to a thana to report a police officer or a fellow local official, the duty officer might refuse to file the FIR. They will call it a "minor misunderstanding" or pressure you to "settle" (compromise).

    • Workaround: Do not argue. Use Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Send your complaint via Registered Post to the Superintendent of Police (SP). If the SP also fails to act, move an application under Section 175(3) of the BNSS before the Magistrate. The court can then order the police to register the FIR.
  2. The "Not Public Enough" Excuse: Cops might claim that since the humiliation happened inside a cabin or a quiet corner, it doesn't count as "within public view" under the SC/ST Act.

    • Workaround: "Public view" includes any place where a member of the public could have seen or heard the act. If there were other visitors, peons, or even people passing by the window, it counts. Mention every single witness in your initial complaint.
  3. The Vanishing Footage: If the official recorded the act on their phone, they will likely delete it once they realise you are taking legal action.

    • Workaround: If you or a friend recorded it, immediately upload it to a private cloud (Google Drive/iCloud) and email the link to yourself. If the official was the only one filming, file an RTI (Right to Information) immediately with the department asking for the CCTV footage of that location for that specific hour. Under Section 7(1) of the RTI Act, if it concerns "life or liberty," they must respond within 48 hours.
  4. Pressure to Withdraw: You might get "visits" from local leaders asking you to drop the case "for the sake of peace."

    • Workaround: Remind them that offences under the SC/ST Act are non-compoundable. This means even if you want to "forgive" them later, the law doesn't allow the case to be closed without a trial. Once the FIR is in, the machine is moving.

Templates / script

A. Script for the Police Station (Initial Visit)

"Namaskar. I am here to file an FIR under Section 3(1)(r) of the SC/ST Act and Section 198 of the BNS. [Official Name/Designation] forced [Victim Name] to do sit-ups in public view at [Location] on [Date] at [Time]. This was done to humiliate them because of their caste/identity. Here is the written complaint. Please give me my free copy of the FIR as per Section 173 of the BNSS."

B. Complaint Template to the SP (if FIR is refused)

To, The Superintendent of Police, [District Name], Odisha.

Subject: Complaint under Section 173(3) of BNSS regarding public humiliation of a member of the [SC/ST] community.

Sir/Madam, I am writing to report an incident that occurred on [Date] at [Time] near [Location]. [Official Name/Description], acting in their capacity as [Designation], intentionally insulted and humiliated [Victim Name] by [describe the act, e.g., forcing them to do sit-ups/kneel/using slurs] in full view of the public.

This act constitutes a cognizable offence under Section 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989, and Section 198 of the BNS, 2023. The local police station [Name of PS] refused to register my FIR on [Date].

I request you to direct the registration of an FIR and ensure the protection of the victim and witnesses as per Section 15A of the SC/ST Act.

Attached: [Video link/Witness list/Copy of refused complaint]

Regards, [Your Name & Phone Number]

C. Complaint to the Odisha Human Rights Commission (OHRC)

You can email [email protected] with a simple subject line: "Urgent: Complaint against [Official Name] for violation of human dignity." Attach the same details as the SP complaint.

FAQs

1. What if I don't belong to the SC/ST community? Can I still fight? Yes. While the SC/ST Act won't apply, you can still file a case under Section 198 of the BNS (Public servant disobeying law) and Section 352 of the BNS (Intentional insult to provoke breach of peace). Every citizen has a Right to Dignity under Article 21.

2. Is there a fee for filing this case or getting compensation? No. Filing an FIR is free. Applying for legal aid through the District Legal Services Authority (DLSA) is also free for SC/ST victims and anyone earning less than the state-specified limit (usually ₹3 lakh per annum in Odisha).

3. How long does it take to get the compensation money? According to Rule 12(4) of the SC/ST (Prevention of Atrocities) Rules, the relief amount should be sanctioned within 7 days of the FIR being registered. In reality, it may take 30–60 days. If delayed, you can file an RTI with the District Social Welfare Office.

4. Can the official be arrested immediately? For offences under the SC/ST Act, there is no "automatic" arrest, but the police can arrest them if they believe the official might intimidate witnesses. Note that "Anticipatory Bail" is generally barred under Section 18 of the SC/ST Act, making it harder for the official to avoid custody.

5. What if I don't have a video of the incident? Video is "gold," but not the only way. The testimony of independent witnesses (shopkeepers, bystanders, other office visitors) is sufficient. The court values the oral evidence of the victim highly in these cases.

6. I am a student; will filing a case ruin my career? No. Being a victim or a complainant in a criminal case does not affect your ability to get a government job or a passport. In fact, standing up against illegal orders shows civic character. Only a conviction against you affects your record, not you seeking justice.

7. Who do I call if I'm being threatened to drop the case? Call the 112 emergency helpline immediately. You can also contact the National Commission for Scheduled Castes (NCSC) or Scheduled Tribes (NCST) via their online portals; they have the power to summon any official in India.

Sources

Frequently Asked Questions

1. What if I don't belong to the SC/ST community? Can I still fight?

Yes. While the SC/ST Act won't apply, you can still file a case under **Section 198 of the BNS** (Public servant disobeying law) and **Section 352 of the BNS** (Intentional insult to provoke breach of peace). Every citizen has a Right to Dignity under Article 21.

2. Is there a fee for filing this case or getting compensation?

No. Filing an FIR is free. Applying for legal aid through the District Legal Services Authority (DLSA) is also free for SC/ST victims and anyone earning less than the state-specified limit (usually ₹3 lakh per annum in Odisha).

3. How long does it take to get the compensation money?

According to Rule 12(4) of the SC/ST (Prevention of Atrocities) Rules, the relief amount should be sanctioned within **7 days** of the FIR being registered. In reality, it may take 30–60 days. If delayed, you can file an RTI with the District Social Welfare Office.

4. Can the official be arrested immediately?

For offences under the SC/ST Act, there is no "automatic" arrest, but the police can arrest them if they believe the official might intimidate witnesses. Note that "Anticipatory Bail" is generally barred under Section 18 of the SC/ST Act, making it harder for the official to avoid custody.

5. What if I don't have a video of the incident?

Video is "gold," but not the only way. The testimony of independent witnesses (shopkeepers, bystanders, other office visitors) is sufficient. The court values the oral evidence of the victim highly in these cases.

6. I am a student; will filing a case ruin my career?

No. Being a victim or a complainant in a criminal case does not affect your ability to get a government job or a passport. In fact, standing up against illegal orders shows civic character. Only a *conviction* against *you* affects your record, not you seeking justice.

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Public Humiliation by Officials: Legal Rights in Odisha · HowToHelp