The plea before the high court sought appropriate legal action against Congress leader Rahul Gandhi for disclosing sensitive information about a rape victim and her family members by publishing a photograph of her parents on his Twitter (now X) handle.
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NEW DELHI: Congress leader Rahul Gandhi informed the Delhi High Court that he has taken down a controversial social media post that allegedly revealed the identity of a 9-year-old Dalit girl, a victim of rape and murder, on a global scale. This action aligns with the court’s previous indication that it might order the removal of the post to safeguard the victim’s identity.
The case, which has garnered significant attention, centers on a petition seeking legal action against Gandhi for disclosing sensitive information about the rape victim and her family by publishing a photograph of her parents on his Twitter handle, now known as X. The plea, filed by Makarand Suresh Mhadlekar, argued that Gandhi’s conduct violated Section 74 of the Juvenile Justice Act, 2015, and Section 23(2) of the POCSO Act, 2012, which mandate non-disclosure of a child victim’s identity.
During the proceedings, Rahul Gandhi’s counsel provided an undertaking before a division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, confirming the international removal of the post on X. In response, Advocate Santosh Kumar Tripathi, representing the police, submitted a detailed status report in a sealed envelope, while Senior Advocate Mahesh Jethmalani appeared for the petitioner.
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The bench, after reviewing the status report, noted that an FIR was registered against Rahul Gandhi on September 9, 2021, based on a complaint received by the Registrar of NCPCR. Consequently, the court disposed of the petition.
Previously, the National Commission for Protection of Child Rights (NCPCR) had informed the court that Gandhi’s social media posts were in violation of the law protecting the identity of the victim. The NCPCR stated,
“Shri Rahul Gandhi posted a picture of his meeting with the parents of the minor victim girl on his social media accounts thereafter, revealing the identity of the minor girl. The tweet or post of Shri Rahul Gandhi is in violation of provisions of the Juvenile Justice Act, 2015, which makes it explicitly clear that any information, including family details, should not be published in any form of media that could lead to the identification of any minor victim.”
The case relates to the tragic incident of a nine-year-old Dalit girl who was allegedly gang-raped, murdered, and then cremated by her attackers on August 1, 2021, in South West Delhi, sparking widespread protests. The petition, filed through Advocates Gautam Jha, Pankaj Kumar, and Shweta Jha, cited several judgments, including the case of Nipun Saxena v. Union of India, to emphasize the legal precedent for protecting the identity of child victims in the media.
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This case highlights the critical importance of adhering to legal provisions that safeguard the privacy and identity of minor victims, particularly in the age of social media where information can spread rapidly and globally. The actions taken by Rahul Gandhi and the subsequent legal proceedings underscore the responsibility of public figures and the media in respecting and upholding these legal protections.
Case Title:
Makarand Suresh Mhadlekar v. Rahul Gandhi and Ors.
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