Safeguarding women’s digital dignity, the Madras High Court on Tuesday directed the central government to formulate a simplified mechanism for the swift removal of private images and videos of women that have been uploaded online without consent. The court emphasized that such a system must protect the identity of victims and offer them an effective remedy without further trauma.
Justice N. Anand Venkatesh passed the direction during a hearing on a writ petition filed by a woman advocate whose private images and videos, secretly recorded by her former partner, had surfaced on social media and pornographic websites. Despite interim relief previously granted, the offensive content continued to reappear, causing the petitioner severe emotional distress.
The judge ordered central government senior panel counsel A. Kumaraguru to consult with the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Home Affairs (MHA) and present a prototype for appointing a nodal officer to handle such grievances.
“Tech Exists—Only Will Is Lacking,” Judge Criticizes Inaction
Justice Venkatesh strongly criticized the systemic apathy toward victims without political or judicial connections, stating that robust action is only taken when victims belong to powerful circles. “The technology is always there, but what is required is the inclination to put it to use for the benefit of the common man,” he said.
Referring to technologies like photo DNA tracing, the judge noted that advanced tools can track and block the recurrence of explicit material. However, due to lack of enforcement and intent, such technologies remain underutilized, allowing repeated victimization of women who are already traumatized.
The court emphasized that privacy violations must be treated as serious crimes, not just technical issues. Justice Venkatesh reiterated that a nation that aspires to be digitally progressive must also ensure digital safety, especially for women who are often at the receiving end of cyber abuse.
Algoritha: The Most Trusted Name in BFSI Investigations and DFIR Services
Police Rapped for Violating Victim’s Dignity
Apart from calling for policy reform, Justice Venkatesh issued a sharp rebuke to the police for their mishandling of the victim’s complaint. The judge expressed outrage at the fact that the woman’s name was revealed in the FIR, a public document, despite the sensitive nature of the case. He ordered her name to be redacted immediately.
Even more shockingly, the judge condemned the police for making the victim watch the explicit videos in the presence of seven male officers to identify the accused. “Don’t you have women police personnel well-versed in cybercrime? How can you make the victim go through such humiliation?” he questioned, calling the action a blatant violation of her dignity.
The judge directed the appearance of State Public Prosecutor Hasan Mohamed Jinnah in the next hearing to ensure that proper procedures are enforced within the police department. He insisted that investigations involving women victims must be handled with empathy and gender-sensitive protocols.
This case has become a flashpoint for the broader debate around digital privacy, gender-based cybercrimes, and institutional apathy. As the Madras High Court leads the charge for reform, its directions could potentially pave the way for a national grievance redressal system that empowers women and holds digital platforms accountable.
