'Privacy Is The Core Of Human Dignity': Kerala High Court Orders Online Images Of Woman Facing Humiliation And Cyber Attacks Be Removed

The Kerala High Court recently directed the Director General of Police to take steps to remove online images and details of a woman who is a victim of offences under the Immoral Traffic (Prevention) Act, 1956.

The Petitioner had approached the High Court for removal of online content having her name and images circulating on social media, which had resulted in humiliation and cyber attacks on her.

Taking note of the submission of the Petitioner that circulation of such content on social media is violating her right to privacy, a single bench of Justice K Babu 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.”

The Petitioner who is a certified Ayurvedic Therapist, Beautician and Massage & Spa Therapist, is a victim of a crime registered at Thodupuzha Police Station under the Immoral Traffic (Prevention) Act, 1956. She submitted that she is being deprived of her right to perform her profession due to the incident.

“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, 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.” her plea states.

The Court took note of the submission of the Petitioner that even though complaints were preferred by her to the State Police Chief for removal of her images, name, videos and defamatory articles about her online, no steps have been taken so far.

The Court accordingly directed Director General of Police & State Police Chief to remove the online media links pertaining to the Petitioner.

Advocates P T Sheejish, Tom Thomas , Sandra Tom, A Abdul Rahman, Hemanth H & Aparna V Devassia appeared for the Petitioner. 

Case Title: XXX. V State of Kerala

Citation: 2023 LiveLaw (Ker) 288

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