Action Should Be Taken Against Cyber Bullying Of LGBTQ+ Community : Kerala High Court To Police

The Kerala High Court on Thursday expressed strong criticism of a cyber attack launched on persons belonging to the LGBTQ+ community. 

The Court was seized of a plea by certain persons belonging to the community seeking action against a registered society, named 'Youth Enrichment Society' for circulating fake news, unscientific data, and spewing hatred and derogatory remarks against the transgender community and sexual minorities through their social media platforms. 

The petitioners were aggrieved by the 'cyber lynching' carried out against them by the 'Society,' and submitted that such hateful remarkswas likely to mislead the general public to instigate offences against the LGBTQ+ community, akin to mob lynching. 

Emphasizing that every citizen had the right to live which could not be 'attenuated or suppressed by persons having propagandist ideas or deleterious philosophies', the Single Judge 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". 

The petitioners averred in their plea that the society, by carrying out cyber lynching against them and the LGBT community at large, was violating the objectives of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, and was also wilfully neglecting the law laid down by the Apex Court in decisions such as NALSA v. Union of India (2014) and Navtej Singh Johar v. Union of India (2018). 

They thus sought a direction to be issued to the authorities to enquire into the functioning of the society and cancel its registration, and to remove the inhuman and derogatory remarks against the LGBTQ+ community from social media platforms.

The petitioners also sought a direction to be issued to the State authorities to consider their representations against the society within a fixed time frame. 

The Court had yesterday directed Government Pleader Sunil Kumar Kuriakose to obtain instructions from the State authorities on the action to be taken regarding the complaints filed by the petitioners.

It further directed the State Police Chief to look into the matter and take necessary measures as may be warranted and to place an Action Taken Report before the Court by the next date of hearing. 

The matter has been posted for further consideration after three weeks. 

The plea was moved through Advocates Legith T. Kottakkal and P.R. Banerji. 

Case Title: Daya Gayathri & Ors. v. State of Kerala & Ors. 

Case Number: W.P. (C) No. 40030 of 2023

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