Twitter’s Failure To Remove Rahul Gandhi’s Post On Meeting Rape Victim’s Parents Contributes To Disclosing Minor’s Identity: NCPCR To Delhi High Court

The National Commission for Protection of Child Rights has informed the Delhi High Court that micro blogging platform Twitter's decision to not remove Congress leader Rahul Gandhi's tweet showing him meeting with parents of a minor Dalit girl, who was raped and murdered in 2021, contributes to disclosing the victim’s identity.

The child rights body said that though Twitter has withheld the post in India on receiving a notice sent by it, the social media platform failed to remove the tweet altogether which is still available for the public to be seen outside India.

NCPCR made the submissions in an affidavit filed in a public interest litigation seeking action against Gandhi for allegedly disclosing sensitive details and publishing photographs of the minor victim's family, in violation of the provisions of POCSO Act.

A nine-year-old Dalit girl was allegedly raped and murdered by a priest inside a crematorium in 2021 in the Delhi Cantonment area.

The NCPCR has said that in order to fully give effect to its obligations, Twitter ought to have removed the impugned tweet from its platform and the same should not be hidden only from the Indian territory.

“The object is to conceal the identity of the minor girl child and hence merely hiding the post in question from Indian domain shall not suffice the purpose of hiding the identity of the victim. True meaning and effect has to be given in letter and spirit to Right to Privacy and Right to dignity as guaranteed under Article 21 of the Constitution of India,” the affidavit reads.

It adds: “It is pertinent to mention here that the said post can still be accessed and is still available in public domain throughout the world. Consequently, the inaction of the Twitter Inc contributes into disclosure of the identity of the victim, which is in violation of Indian laws.”

During the hearing today, a division bench headed by Chief Justice Satish Chandra Sharma granted eight weeks’ time to other respondents to file their affidavits and listed the case for hearing on November 23.

Earlier, Twitter had informed court that the parents of the victim had consented to sharing of their image by the Congress Leader on the social media platform.

It was also submitted that while Rahul's Twitter account was initially blocked, it was later restored on his appeal. Twitter also said that being a world wide platform, it had removed Gandhi’s tweet in India by way of geo-blocking mechanism and that it was impossible for the platform to do the same for international jurisdictions.

However, NCPCR took the stand that the offence still subsists as the content has been withheld only in India.

The PIL was moved last year by Makarand Suresh Mhadlekar, a social activist, claiming that by posting the photograph with the parents of the child victim, Gandhi violated the Juvenile Justice (Care and Protection of Children) Act, 2015 and Protection of Children from Sexual Offences Act, 2012, which prohibit the disclosure of identity of minor victims of sexual offences.

The plea places reliance on the judgment of Nipun Saxena v. Union of India wherein the Supreme Court held that personal information and particulars of a victim or child in conflict with law cannot be disclosed in media.

"It is submitted that Rape, particularly that of a minor girl, is one of the grossest crimes committed against children. Disclosure of such crimes to the outside world only adds to the agony of the family of the victim and the victim herself. By doing so the Respondent No.1 has put the lives of the victim's family members at high risk," the plea states.

It seeks directions on NCPCR to take appropriate legal action against Gandhi. Further, a direction is also sought on the Delhi Police to register an FIR against him under relevant provisions of POCSO Act.

Case Title: Makarand Suresh Mhadlekar v. Rahul Gandhi & Ors.