The Kerala High Cour tin the case XXX. V State of Kerala observed and has directed the Director General of Police for taking steps in order to remove online images and details of a woman who is a victim of offences under the Immoral Traffic, the Prevention Act, 1956.
In the present case, the petitioner approached the High Court for the removal of online content having her name and images which are circulated on social media and the same resulted in humiliation and cyber-attacks on her in the matter.
The single bench headed by Justice K Babu in the case observed that the privacy is the ultimate expression of the sanctity of the individual and there cannot be dignity to an individual without privacy. Therefore, it being the constitutional value founded on fundamental rights, the privacy with its attended values assures the dignity to the individual. Dignity being the core which unites the fundamental rights and Privacy being the constitutional core of human dignity.
The petitioner who being the certified Ayurvedic Therapist, Beautician and Massage And Spa Therapist, is a victim of a crime registered at Thodupuzha Police Station under the Immoral Traffic, the Prevention Act 1956. It has also been submitted by her that she in the case is being deprived of her right to perform her profession due to the incident.
It has also been stated by her in the petition that 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 faced and cyber-attacks became unbearable for the petitioner.
Further, the court submitted the detailed complaints before the respondent 3 and respondent 5 showing her grievances and requesting to take immediate for the removal of her images and details from the online media links and the YouTube channels.
The court while considering the facts and circumstances of the case stated 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.
Accordingly, the court directed the Director General of Police and the State Police Chief to remove the online media links which pertains to the Petitioner.
The counsel, Advocate P T Sheejish, Advocate Tom Thomas, Advocate Sandra Tom, Advocate A Abdul Rahman, Advocate Hemanth H & Aparna V Devassia appeared
