The Single Judge Bench of the Kerala High Court, comprising Justice K Babu in the case of XXX v. State of Kerala & Ors. has directed the State Police Chief to take steps to remove the images and identity of the petitioner from the online links as it hampers the petition’s right to privacy.
Facts of the Case
The petitioner is a certified Ayurvedic Therapist, Beautician and Massage & Spa Therapist and a FIR has been registered against her under the Immoral Traffic (Prevention) Act, 1956. The Petitioner prayed before the Court that she was arraigned as a victim in the above case and her name, images and details were uploaded and published in the online media links and YouTube channels, that resulted into humiliation and cyber-attacks became unbearable for the petitioner. She seeks directions from the Court to remove her pictures from the online links.
Reasoning and Decision of the Court
The Court considered the grievance of the petitioner and expounded 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.
Considering the prayed made before the Court, the bench directed the State Police Chief to remove the images of the petitioner from the online media links.
The Court listed the matter on 27.06.2023.
Case Details
Case:- W.P(Crl).No.609 of 2023
Petitioner:- XXXXXX
Respondent:- State of Kerala & Ors.
Judge: Justice K Babu
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