Apex Court Orders Immediate Removal Of Social Media Contents Identifying Deceased Doctor In RG Kar Hospital Rape-Murder Case

The Supreme Court, on Tuesday, directed the immediate removal of all social media contents, including references to the name, photos, and videos of the trainee doctor who was tragically raped and murdered at RG Kar Medical College Hospital, Kolkata.

The Bench of Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra issued the order while hearing a petition filed by two practicing lawyers.

The Court noted that the grievance that has been instituted by members of the bar is that following the murder (coupled with an alleged rape) that took place at R. G. Kar Medical College and Hospital, Calcutta, the name of the deceased and related hashtags have been widely disseminated on electronic and social media platforms, including Meta (Facebook and Instagram), Google (YouTube), and X (formerly Twitter). Moreover, photographs of the body of the deceased, including video clips, have been circulating on social media and electronic platforms.

The Writ Petition sought the removal of content disclosing the deceased victim's identity from all social media platforms.

The Bench expressed concern over the circulation of the deceased's photographs and videos on social media, noting that such actions violate the guidelines established in the landmark case of Nipun Saxena v. Union of India. In that case, the Court had ruled that the identity of a deceased victim or a victim of unsound mind should not be disclosed without proper justification, even with the authorization of the next of kin, unless determined otherwise by a competent authority, such as the Sessions Judge.

"This Court is constrained to pass an order since it is apparent that social and electronic media have proceeded to publish not only the identity of the deceased but also photographs of the dead body after its recovery," the Bench observed.

The Court also ordered that all references to the victim's name and related photographs must be removed from all social media and electronic media platforms immediately. "We accordingly direct that all references to the name of the deceased in the above incident, photographs and video clips shall forthwith be removed from all social media platforms and electronic media in compliance of this order," it said. Accordingly, the Court disposed of the Writ Petition. 

During the Suo Motu hearing on the RG Kar Hospital incident, the Court had also expressed disappointment over the State of West Bengal's handling of the vandalism at the protest site. In response, the Court had directed the formation of a "National Task Force" to recommend measures for ensuring the safety of medical professionals. Additionally, the Court ordered the deployment of the Central Industrial Security Force (CISF) to protect resident doctors, particularly female doctors, at RG Kar Hospital. The Court had also expressed concerns about the lack of institutional safety norms at medical establishments against both violence and sexual violence.

Cause Title: Kinnori Ghosh and Anr. v. Union of India & Ors. [WRIT PETITION (CIVIL) Diary No(s): 37158/2024]

Appearance:-

Petitioner: Advocate Nikhil Majithia, AOR Rishi Kumar Singh Gautam

Click here to read/download the Order