Privacy Is Essential For Individual Dignity: Kerala HC Directs Police For Removal Of Name & Image Of Victim From Social Media

The Kerala High Court recently directed the Director General of Police, Kerala to take steps to get removed the images of a woman, from online media links, who was arraigned as a victim in an FIR alleging offences under the Immoral Traffic (Prevention) Act, 1956. The High Court while directing the aforesaid observed that "Privacy is the ultimate expression of the sanctity of the individual."

The Single Judge Bench of Justice K. Babu was dealing with a Criminal Writ Petition filed by a woman who is a certified Ayurvedic Therapist, Beautician, and Massage & Spa Therapist. The Petitioner was arraigned as a victim with some other women in a case related to the Immoral Traffic (Prevention) Act and prayed before the High Court to direct the State Police to take steps to immediately remove the images, the identity of the petitioner and defamatory articles and videos about the petitioner from online media links forthwith, so as to render justice adequately.

M/S. P.T.Sheejish, Advocates Tom Thomas, Sandra Tom, A.Abdul Rahman, Hemanth H., and Aparna V. Devassia appeared for the Petitioner while the Respondents were represented by the Public Prosecutor.

It was submitted in the Petition that "Significantly, though the petitioner is arraigned as a victim in the above case, her name, images and details were uploaded and published in the online media links and YouTube channels, the that when the humiliation and cyber-attacks became unbearable for the petitioner, she had submitted detailed complaints before the respondents 3 and 5 showing her grievances and requesting to take immediate steps for the removal of her images and details from the online media links and YouTube channels."

It was also submitted that the petitioner is deprived of the right to perform her profession and that the circulation of her name, images, etc., in social media encroaches on her privacy.

Considering the submissions made, the High Court observed that "Privacy is the ultimate expression of the sanctity of the individual. There cannot be dignity to an individual without privacy. It is a constitutional value founded on fundamental rights. Privacy with its attended values assures dignity to the individual. Dignity is the core which unites fundamental rights. Privacy is the constitutional core of human dignity. It is submitted that the petitioner has filed Ext.P5 complaint before the State Police Chief seeking to take steps to remove the images, identity of the petitioner and defamatory articles and videos about the petitioner from the media links, but no steps have been taken."

Accordingly, the High Court allowed the Writ Petition and directed the Police to take steps to remove the images of the petitioner from the online media links mentioned and adjourned the matter for June 27, 2023. 

Cause Title: XXXXXX v. State of Kerala and Ors.

Click here to read/download the Order