India Supreme Court orders Wikipedia to remove name and photo of victim in Kolkata rape-murder case – JURIST

The Supreme Court of India directed Wikipedia on Tuesday to immediately remove the name and photograph of the victim involved in the RG Kar Medical College Hospital rape and murder case. A bench led by Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, passed this order during the suo motu hearing.

The court had earlier issued a clear directive on August 20, 2024, to remove all references to the victim’s name and photos from social and electronic media platforms. “We accordingly direct that all references to the name of the deceased victim and photographs related to the incident shall forthwith be removed from all social media platforms including electronic media platforms in compliance with this order,” the bench stated in the August Order.

The bench reiterated its previous order and emphasized that it applies to all platforms, including Wikipedia. It observed, “In the interest of maintaining the dignity and privacy of the deceased, the governing principle is that the identity of the victim in a rape and murder case shall not be disclosed.” During the hearing, it was noted that Wikipedia also displayed an artistic representation linked to the case. While the image was not the victim’s actual photograph, the court instructed that it should be removed to avoid any misrepresentation.

The court had also previously brought attention to the guidelines set forth in the Nipun Saxena v. Union of India case, which mandate that the identity of rape victims, even those deceased, should remain undisclosed unless a competent authority authorizes it under exceptional circumstances.

The Suo Moto hearing addressed other key aspects of the case as well. The status report of the investigation by the Central Bureau of Investigation (CBI) was reviewed. The details of the report were not revealed but the CJI commented that the content was “disturbing”. The court also expressed disapproval of a recent state notification by the West Bengal government. The notification suggested female doctors should avoid working night shifts due to safety concerns. The CJI stated that such restrictions being made under the guise of protection are unconstitutional.

This case having garnered significant public attention, continues to unfold, with the CBI actively investigating the crime.