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On September 14, 2020, the Division Bench of Delhi High Court consisting of Chief Justice D. N. Patel and Justice Jyoti Singh heard a petition filed by an advocate under article 226 of the Constitution of India to seek action against major social media platforms. The petition was concerning the revelation of the identity of the Hathras Rape victim, which violates her right to privacy. The bench issued a notice against the platform regarding the same. The petition includes many social media platforms such as Bansal News, Buzzfeed, Dainik Jagran, Dalit Camera, Facebook, IDiva, Janbharattimes Media, News 18, The Citizen, The Millennium Post, The Telegraph, Twitter, United News of India, Wikifeed and YouTube.
As per the petitioner, the respondents have published the victim’s personal information and are hence disclosing her identity on a public domain which became accessible to people at large. According to the petitioner, this act is actionable under Section 228A of the India Penal Code, 1860. This section provides for imprisonment for any person who publishes the name or any other matter revealing the identity in such a case.
The State of NCT of Delhi is also made a respondent in the given petition as the State is the law enforcement agency responsible to take notice of such offence and yet no action was taken against the social media platforms to restrict or stop them from committing such offences.
The judgement of Nipun Saxena v. Union of India (W.P. CIVIL No. 565/2020) was relied upon by the petition according to which the respondents who have allegedly committed the offence falling under Sections 376, 3376A, 376AB, 376B, 376C, 376D, 376DA, 376DB OR 376E of the Indian Penal Code which is punishable for a term up to two years. The judgement also stated not to disclose the victim’s identity if the victim is dead or of unsound mind even under the authorisation of the next of kin unless justifications for the disclosure of the victim’s identity exists. This shall be decided only by a competent authority i.e., the Sessions Court in the present scenario.
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