Reputations Of Persons Are Easily Attacked In Cyber Space: Kerala HC Directs State To Take Action

The Kerala High Court directed the State government to take measures to protect the public from cyberbullying.

The Court, while addressing a cyberbullying case filed by two LGBTQIA+ community members, acknowledged cyberspace as an undeniable reality, not a mere myth.

The Court observed that the situation demands a change, as authorities in a civilized society have a responsibility to acknowledge these issues and take the necessary corrective actions to prevent certain sections of society from enduring severe forms of prejudice.

The Bench of Justice Devan Ramachandran observed, “Cyber space is no longer a myth, it is a reality. It is one where reputations of persons are easily attacked and deracinated and the perpetrators believe that they can do so being without any accountability. This has to necessarily change because, in a civilized world, the Authorities are to acknowledge the issues involved and to take necessary repertory action because, otherwise, it is possible that certain sections would certainly be subjected to great prejudice”.

Advocate PR Banerji appeared for the Petitioner and Government Pleader Sunil Kumar Kuriakose appeared for the State.

Petitioners, the members of the LGBTQIA+ community, approached the High Court seeking preventive measures against derogatory remarks and cyber lynching carried out against their community by a registered society called the Youth Enrichment Society.

The Court questioned the validity of the claims in the writ petition. The Bench noted that if the question is in the affirmative, then it raises a significant concern that requires the attention of both, the State Police Chief, and the State of Kerala.

The Bench noted that each citizen possesses an equal and unparalleled right to life, constitutionally granted and safeguarded. These rights are inviolable and cannot be diminished or suppressed by individuals adhering to propagandist ideas or harmful philosophies.

“Suffice to say, every citizen has a right to live, which is equal and less to no other. These rights are constitutionally provided and protected and cannot be attenuated or suppressed by any person who may have propagandist ideas or deleterious philosophies to follow”, the Bench noted.

Furthermore, the Court observed that the realm of cyberspace is now a reality, not a myth. It is a space where individuals' reputations can be readily assaulted and dismantled, and wrongdoers may perceive themselves as acting without any accountability.

The Bench emphasized that the situation must transform because, in a civilized society, authorities must recognize the challenges and undertake essential remedial measures. Otherwise, certain sections of society could face significant prejudice.

Accordingly, the Court listed the matter for 21 December 2023.

Cause Title: Daya Gayathri v State Of Kerala

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